TC-8000-1
8000-STUDENTS
8010 Equal
Educational Opportunity (Cf. 5020)
Section
504
Administrative
Implementation
8015 Sexual
Harassment and Intimidation (Cf.
5050)
Definition
Notification
8020 Attendance
Compulsory
Attendance – Religious Exemption
8040 School
Admissions
School
Entrance Requirements
First
Time Enrollment
Resident
Students
Non-Resident
Students
Tuition (Cf. 8990)
Resident
Attendance in Another District
Assignment
To Schools
8045 Homeless
Children
8080 Readmission
(Cf. 8310)
8090 Release
of a Student During the School Day (Cf.
8040)
8130 Searches
Lockers
Students
Automobiles
Use
of Canines
SN: Policy regarding searches by school officials
8140 Interrogation
and Investigations Conducted in School
SN: Policy regarding interrogation by school
officials and law enforcement
authorities
8180 Serious
Acts of Violence
8185 Terroristic
Threats/Acts
8190 Behavior
Code
8200 Drug-Free
Schools
8220 Violence, Drug and
Alcohol Use By Students
Prohibited
Conduct
Disciplinary
Action
Policy
Communication
8240 Student
Appearance
8245 Gangs
TC-8000-2
8300
Student Discipline (Cf.5220)
8305 Electronic
Devices
8310 Weapon Free School
Zone
8315 Assaults
Committed By Students (Cf. 8310)
Assaults
Committed Against School Personnel
Physical
Assaults
Verbal
Assaults
Assaults
Committed Against Other Students
Reinstatement
Application
to Students with Disabilities
Implementation
8320 Corporal
Punishment
8350 Student Suspension
and Expulsion (Cf. 8080)
8360 Class,
Subject, and Activity Suspensions
Application
to Students with Disabilities
Implementation
8480 Student
Health Services
Immunization
of Students and Vision Testing
8510 Communicable
Diseases - Students
8530 Student
Assistance Programs (Cf. 8220)
8580 Child
Abuse
Access
to Students on School Premises (Cf. 8140)
Cooperation
Between School and Agencies
8650 Student
Accidents (Cf. 8660)
8660 First
Aid (Cf. 8650)
8670 Administration
of Medications
Student
Self-Medication
Lifesaving
Medication
8710 Student
Use of Buildings – Equal Access
8730 Student
Publications
8750 Public Performances
and Contests
Contests
8860 Homebound
Instruction
8890 Pregnant
Students
8920 Admission
of Exchange Students
Guidelines
8940 Student
Records
Directory
Information
8990 Student
Fees, Fines, Charges, and Deposits
Fees and
Charges
Fines
8010 Equal
Educational Opportunity (Cf. 5020) 8010
Equal educational opportunities
shall be available for all students without regard to race, color, national
origin, ancestry, age, gender, height, weight, ethnicity, language barrier,
religious beliefs, disability, economic and social conditions, or marital and
parental/guardian status.
No student will be excluded from participating in,
denied the benefits of, or subjected to discrimination under any educational
program or activity conducted by the District.
The District shall treat its students without discrimination as this
pertains to course offerings, athletics, counseling, employment assistance, and
extracurricular activities.
Section 504
The District shall identify,
evaluate and provide a free appropriate public
education to students who are disabled within
the meaning of Section 504 of the Rehabilitation Act of 1973; and the Americans
with Disabilities Act of 1990; and the District will designate a Section 504
compliance officer to coordinate the District's efforts to comply with Section
504 and to investigate and attempt to resolve grievances regarding alleged
violations of Section 504 and this policy. A copy of Section 504 of the
Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990 and Section 504 implementing
regulations may be obtained from the Section 504 compliance officer.
8010 Equal
Educational Opportunity 8010-2
Administrative Implementation
The Superintendent and building
principals shall use reasonable measures to inform staff members and students
of this policy.
Approved: July 11, 2001
Revised: November
6, 2002
LEGAL REF: Civil Rights
Act of 1964, as amended, 1972, Title VI, Title VII; Executive Order 11246, 1965, as amended by
Executive Order 11375; Equal Employment Opportunity Act of 1972; Title IX 45
CFR, Parts 81, 86 (Federal Register, June 4, 1975, August 11, 1975.); Act No. 453 of the Public Acts of 1976
(Michigan Civil Rights Act); MCL 380.1146
8010-R Equal Educational Opportunity 8010-R
If any person believes that the Flint Community Schools
or any part of the District has inadequately applied the principles and/or
regulations of (1) Title VI of the Civil Rights Act of 1964, (2) Title IX of
the Education Amendment Act of 1972, (3) Section 504 of the Rehabilitation Act
of 1973; (4) and the Americans with Disabilities Act of 1990, or is in
some way discriminatory on the basis of gender, height, weight, race, color,
religion, national origin or ancestry, age, marital status, or disability, the
person may bring forward a complaint by the following procedures.
A complaint is defined as an alleged action prohibited
under one of the four acts identified above, and a complainant is a community
member, parent/guardian, student, or employee who believes an alleged illegal
action has taken place.
Informal Procedure
The person or complainant who believes there is a valid
basis for complaint shall set up a meeting with the District designated Title
IX, VI, Section 504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990 Civil Rights Coordinator to discuss the concern. The District designated Civil Rights
Coordinator in turn shall investigate the complaint, and, within ten (10)
business days, reply to the complainant in writing to set up a second meeting
to discuss the findings and seek an acceptable solution to the complaint.
If no acceptable
solution to the complaint is agreed upon at the informal level, the complainant
may initiate formal procedures as listed below.
Any complaint submitted under the Formal Grievance Procedure shall be submitted at Step I within
twenty (20) business days of the second meeting with the Civil Rights Coordinator. If the complaint is not submitted within that
time, the complaint will not be considered.
8010 Equal Educational Opportunity 8010-R-2
Formal Procedure
STEP 1: The complainant must submit to the Civil
Rights Coordinator designated to receive and investigate complaints alleging
noncompliance with the specific act, a signed, written, "Statement of
Complaint". The "Statement of
Complaint" shall name the complainant; shall state the facts giving rise
to the complaint; shall identify all the provisions of the rules and
regulations alleged to be violated; shall state the contention of the
complainant with respect to those provisions; shall indicate the relief
requested; and shall be signed by the complainant involved.
The Civil Rights Coordinator shall further investigate
the matter(s) of the grievance and reply as to the District's position in this
matter in writing by certified mail to the complainant within five business
days after receipt of the written complaint.
STEP 2: If the
complainant wishes to appeal the decision of the Civil Rights Coordinator,
he/she may submit a signed statement of appeal to the Superintendent within
five business days after receipt of the Coordinator's response to the
grievance. Failure by the complainant to
appeal the complaint within the time limit provided shall bar the
complaint. The Superintendent shall meet
with all parties involved within a reasonable time, not to exceed fourteen
business days, in an attempt to resolve the matter(s). After the meeting, the Superintendent shall
formulate a conclusion, and respond in writing to the grievance within ten (10)
business days by certified mail.
STEP 3: If the
complainant remains unsatisfied, he/she may appeal through a signed, written
statement of appeal to the Board within five business days of her/his receipt
of the Superintendent's response in Step 2.
Failure by the complainant to appeal the complaint within the time limit
provided shall bar the complaint. In an
attempt to
8010-R Equal Educational Opportunity 8010-R-3
resolve the grievance, the Board shall meet with the concerned parties
and their representatives within fifteen business days of the receipt of such
an appeal. The Board secretary shall
send a copy of the Board’s disposition of the appeal to each concerned party
within ten business days of this meeting by certified mail.
At any point, the
complainant may contact the Office for Civil Rights, U. S. Department of Education, Washington, D.C. 20201. The
Complaint should first be directed to the Regional Office and to the attention
of:
The
Regional Director
Office
for Civil Rights, Region V
Department
of Education
300
South Wacker Drive
Chicago,
Illinois 60606
(313) 353‑2521
8015 Sexual
Harassment and Intimidation (Cf. 5050) 8015
It is the policy of this District to maintain a learning
environment that is free from sexual harassment. No student of this District shall be
subjected to any form of sexual harassment or intimidation.
It shall be a violation of this policy for any Board
member, employee,
student, or a non-employee third party to
harass any member of the student body through conduct or communications of a
sexual nature as defined in this policy.
Each administrator shall be responsible for promoting
understanding and acceptance of, and assuring compliance with, state and
federal laws, and District policy and procedures governing sexual harassment
within his/her building or office.
It is the responsibility of all certified and
non-certified staff of the District to report student complaints of sexual
harassment to the responsible building administrator. A violation of this
policy shall exist when an employee fails to act on a compliant when the
employee knew of should have known of the violation of this sexual harassment
policy. Failure to act may also be in violation of this policy.
Definition
Sexual harassment means unwelcome sexual advances,
requests for sexual favors, and other verbal, nonverbal or physical conduct of
a sexual nature when:
8015 Sexual
Harassment and Intimidation 8015-2
a. Submission to
such conduct is made either explicitly or implicitly a term or condition of a
student’s participation in school programs or activities; or
b. Submission to or
rejection of such conduct by a Board member, employee, or student is used as the
basis for academic decisions affecting the student; or
c. Such conduct has
the purpose or effect of unreasonably interfering with a student’s academic
performance or creating a hostile learning environment.
Sexual harassment, may include, but is not limited to,
the following:
n Verbal harassment or abuse;
n Pressure for sexual activity;
n Repeated remarks with sexual or demeaning
implications;
n Unwelcome touching;
n Suggesting or demanding sexual involvement,
accompanied by implied or explicit threats concerning a student’s grade or
safety.
n
In addition, any form of retaliation against the
complainant or witness is in itself a form of sexual harassment.
n
Suggestive, lewd or derogatory drawings,
pictures, or other displays or graffiti that demean another person and/or make
the school/workplace uncomfortable.
Notification
Notice of this policy will be
periodically circulated to all school buildings and departments within the
District, and incorporated in teacher, student and parent/guardian handbooks.
These policies and procedures may also be posted in such appropriate places in
the District, as the District’s Title IX coordinator shall determine.
8015 Sexual
Harassment and Intimidation 8015-3
Training sessions on this
policy and the prevention of sexual harassment shall be held for all Board
members, administrators, teachers, and employees of the District. In addition, students shall have available as
part of their curriculum and instructional program, sessions on this policy and
the prevention of student-to-student sexual harassment.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 37.2101 et seq.; MCL
380.11a; Title IX of the Education Amendments of 1972.
8015-R Sexual
Harassment and Intimidation 8015-R
Any student who alleges sexual harassment by a Board
member, staff member or student in this District, may use the procedure
detailed in the appropriate student handbook, or may complain directly to
his/her building principal, school counselor, District Title IX coordinator or
grievance officer, or other school employees of the District. Filing a grievance or otherwise reporting
sexual harassment will not reflect upon the student’s status, nor will it
affect future grades and/or work assignments.
A compliant of alleged sexual harassment should be
submitted no later than six (6) months after the alleged offense and should
contain the name of the offender, the nature of the offense and the date, time
and place of the alleged offense and the names of the witnesses.
The right to confidentiality, for both the accuser and
the accused, will be respected consistent with the District’s legal obligations
and with the necessity to investigate allegations of misconduct and to take
corrective action when this conduct has occurred.
Grievance Procedure
Any student in the District who believes that he/she
has been subjected to discriminatory and/or sexual harassment shall report the
incident(s) to the building principal, guidance counselor, Title IX coordinator
or grievance officer, or other school employees of the District.
The teacher or administrator or other employee to whom
the offense is reported shall promptly relay the information to the principal
of the school attended by the student, and if the offense occurs in a school
building other than that attended by the student, to the administrator
responsible for the operation of the building at which the events allegedly
occurred.
Should a building or central office administrator be
the subject of the immediate complaint or have an apparent conflict of interest
in relation to it, he or she
8015-R Sexual
Harassment and Intimidation 8015-R-2
will not
participate in any way in the investigation of or the decision regarding the
complaint.
Upon the filing of a complaint, the
administrator/grievance officer shall conduct a prompt and equitable
investigation. The administrator/officer
shall attempt to resolve the problem through the following steps:
1. Interview the
complainant and document the interview.
a. Request that the complaint be put in writing,
if possible.
b. Obtain
the names of witnesses who can be contacted to substantiate the charges being
made.
c. If
a student, unaccompanied by a parent or guardian, reports the alleged incident,
the responsible administrator shall notify the student’s parent(s) or
guardian(s) of the students compliant. The investigation shall include, but not
be limited to, a further interview of the student in the presence of the
student’s parent(s) or guardian(s). The responsible administrator shall also
promptly notify the Director of Pupil Personnel Services or his/her designee of
the compliant.
2. Interview the
accused and document the interview.
a. Re-emphasize the District’s policy regarding
insult, intimidation and harassment without making judgments at this stage.
b. Keep the identity of the complainant
confidential, if possible.
3. Interview all
witnesses identified by the parties and document the interview.
4. Review the
personnel files or student records/files of the complainant and the accused for
any history of problems.
5.
Make a determination on the merits of the
complaint.
8015-R Sexual
Harassment and Intimidation 8015-R-3
6. The
responsible administrator shall file a written report within three (3) working
days after receiving notice of the alleged offense in the office of the
Director of Pupil Personnel Services.
n If the investigation shows that the
complaint is without merit, the following action will be taken:
1. The
investigation will be closed.
2. The
administrator/grievance officer’s findings and reasons for them will be
discussed with the complainant.
3. Consideration
will be given to disseminating the results of the investigation to employees or
students who have knowledge of it.
4. All references
to the complaint will be removed from the accused party’s personnel file.
5. The District’s
policy regarding discriminatory and/or harassment and the mechanism for
complaint resolution will be reiterated to all employees or students involved
in the investigation.
6. All
documentation regarding the complaint and the investigation will be maintained
in a separate confidential file in the event that litigation is commenced or a
charge is filed with the Equal Employment Opportunity Commission or the
Michigan Department of Civil Rights.
n If the investigation shows that the
complaint has merit, the following action will be taken:
1. Step
I – Informal Resolution: The responsible building administrator will
attempt to reach an informal resolution of the compliant and shall give his/her
answer to the Director of Pupil Personnel Services, the student and the
student’s parent(s) or guardian(s), by the end of the fifth school day
following the submission of the compliant. The giving of such answer will
terminate Step I.
8015-R Sexual
Harassment and Intimidation 8015-R-4
2. Step
II – Formal Resolution: If the compliant is not resolved in Step I, the
responsible building administrator will so inform the Director of Pupil
Personnel Services and the Director of Pupil Personnel Services shall contact
the student and his/her parent(s) or guardian(s) to inform them of the
student’s rights and to provide a copy of the procedure for filing alleged
charges of sexual harassment. The compliant will be put in writing (using the
attached form in Appendix A) by the student with a complete statement of the
facts. The form must be filled out completely, signed, dated, and submitted to
the Director of Pupil Personnel Services within five (5) working days after
being notified of the termination of Step I.
An investigation
will be completed by the Director of Pupil Personnel Services, the Executive
Director of Labor Relations/Human Resources and the Chief Operations Officer
(the committee) by the end of the fifteenth (15th) day from the
receipt of the compliant. During the first five (5) working days of such
period, the aforementioned administrators will inform the Superintendent and
the President of the Board of Education of receipt of the compliant of sexual
harassment. Further, the student and his/her parent(s) or guardian(s) will also
be notified during the five (5) day period that the investigation has begun.
Upon completing the
investigation, the District will attempt to resolve the compliant and will take
such action as it deems necessary to correct the effects of sexual harassment
and to insure that no unlawful sexual harassment will occur in the District.
3. Step
III: If the compliant is not settled in Step II, the student may appeal in
writing, within five (5) working days to the Superintendent. A meeting between
the Superintendent or his/her designee and other appropriate administrator(s)
designated by the Superintendent, his/her designee and the student, his/her
parent(s) or guardian(s) shall be held within ten (10) working days of the
receipt of the student’s
8015-R
Sexual Harassment and Intimidation 8015-R-5
written appeal/ The
Superintendent or his/her designee will render a decision by the end of the
fifth working day and notice thereof shall be given to the student and his/her
parent(s) or guardian(s).
4. Step
IV: If no resolution has been reached at the conclusion of Step III, the
student, his/her parent(s) or guardian(s) may appeal in writing to the Board of
Education within five (5) working days after receipt of the decision in Step
III. The Board will render a final decision within ten (10) working days
following the Board meeting at which the compliant was received. The final
decision of the Board will be submitted in writing to the student, his/her
parent(s) or guardian(s) within two (2) working days.
5. The
investigation will be closed.
6.
The Director of Pupil Personnel Services will
confer with the Superintendent to determine what action is necessary to resolve
the complaint and prevent recurrence.
a. The complainant should be
made whole: lost educational opportunities and student records updated.
b.
The potential for continuing problems should be
alleviated by reassignment where possible.
7. The parties will be advised of the results of the investigation
and actions to be taken.
8. Appropriate discipline will be imposed, as
required by the strength of the evidence, the severity of the incident, and the
position and prior record of the offender.
9. All actions will be documented and a record
placed in the offender’s permanent personnel file or student discipline
records.
10. The District’s policy regarding discriminatory
and/or sexual harassment and the mechanism for complaint resolution will be
reiterated to all Board members, employees, or students involved in the
investigation.
11. All documentation regarding the complaint and
the investigation will be filed and maintained by the Executive Director of
Labor Relations/Human Resources in a
8015-R Sexual Harassment and Intimidation 8015-R-6
separate
confidential file in the event that litigation is commenced or a charge is
filed with the Equal Employment Opportunity Commission or the Michigan
Department of Civil Rights.
All complaints, interviews, and investigations will be
treated with the strictest confidentiality and utmost discretion. Only those Board members, employees, or
students whose participation in the investigation of a complaint was essential
to its resolution will be informed of it.
The
Superintendent an/or his/her designee reserves the right to contact outside
investigators for sensitive and/or extensive complaints of harassment.
Sanctions
a. A substantiated
charge against a staff member in the District shall subject that staff member
to disciplinary action, up to and including discharge.
b. A
substantiated charge against a student in the District shall subject that
student to disciplinary action, which may include suspension or expulsion,
consistent with the Code for Student Conduct.
c.
A substantiated charge against a non-employee
third party shall subject that person, agent, firm or corporation to such
actions as the Board deems appropriate to the circumstances.
d.
All cases of suspected abuse of students and
criminal sexual conduct shall be reported to the appropriate authorities, e.g.,
the Flint Police Department and the Family Independence Agency.
8020 Attendance 8020
It is the policy of the School District of the City of
Flint to expect and encourage all students to attend school every day. Students who repeatedly miss school will not
be allowed to earn credit toward promotion and/or graduation. Standards for each of elementary, middle
school and high school levels are contained in the District’s attendance
procedure.
If students are unable to attend school for any part of
the school day, it is the responsibility of the parent/guardian to notify the
school of this absence. Parents or legal
guardians are ultimately responsible for their children attending school on a
regular basis. Every effort should be made to limit
absenteeism and to discourage truancy.
Where appropriate, the District will proceed with community and/or court
intervention when there is a flagrant disregard for the District’s attendance
policy and procedures.
It is essential that the school District provide a safe
and orderly environment as well as a school climate that is nurturing and
caring for all students. School
personnel recognize that these qualities are essential to providing the
educational experience that is so important to prepare students for the future.
8020 Attendance 8020-2
Compulsory Attendance - Religious Exemption
A student shall be released from school for a day or a
portion of a day for the purpose of religious instruction. A letter, requesting the student’s absence
and written by the student’s parent(s)/guardian(s), must be given to the
building principal at least 5 days before the day the student is to be absent.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1231;
380.1571; 380.1577; 380.1586-1589; R 340.71; AG Opinion #6467, #5414
8020-R Attendance 8020-R
Senior High School Attendance
The importance of excellent attendance is recognized by
the Flint Community Schools and therefore each school is charged with
developing an attendance incentive program that will recognize and promote a
standard of excellent student attendance.
Any student that exceeds nine absences in any class
during the semester will be expected to make up the time before the end of the
semester or no credit will be given for that class. Time will be made up with one hour after
school for each hour absent from a class exceeding nine hours.
An hour of make-up time will be regularly scheduled
after school. Longer sessions may be
scheduled on Saturdays.
The student exercises the make-up option. It is the responsibility of the student to
make-up the time and provide his/her teacher with proof that the make-up time
was completed.
Parents/guardians are to be contacted on the third
absence by the teacher. This contact
could either be by phone or U.S. mail.
After the fifth absence, the student’s classes shall be closed and a conference
will be scheduled between the appropriate building administrator and the
student’s parent/guardian. After the
ninth absence, the student’s parent/guardian will be notified by mail that the
student has reached the final absence and any additional absences will need to
be made up or he/she will fail the class.
Students under the age of 16, who have exceeded the nine
absences and are not making any effort to make up those absences will be
referred to the appropriate community agency.
8020-R Attendance 8020-R-2
Any student reaching 20 absences in any class shall be
removed from that class. Educational
opportunity shall be denied for that class and the student’s schedule will be
reduced. Should a student be removed
from three classes, he/she shall be suspended for the balance of the semester
and be readmitted at the beginning of the following semester.
Absences from class are not termed excused or
unexcused. All absences, including
illness, vacations, medical appointments and other obligations, count toward
the total. The following school
initiated exceptions are granted and do not count toward the total:
·
School related activities, e.g., field trips;
·
Suspensions (both in-school and out of school);
·
Administrative or counselor initiated meetings;
·
Documented court appointments.
Prolonged absences due to illness or other extenuating
circumstances will be addressed on an individual basis. Any appeals concerning absences will be
processed through the assistant principal.
The District realizes the seriousness of a student being
late for class. Each building will
establish procedures to deal with the tardy issue and how it affects the
students in their building.
Each building will establish a full day In-School
Education Program to accommodate students with reduced schedules. This program can be used for students with
attendance problems or for other disciplinary infractions.
8020-R Attendance 8020-R-3
Every student who has had attendance related problems in
the previous semester shall be required to participate in an orientation
session with their parents/guardians.
Middle School Attendance Procedure
Each school will develop an incentive program to
recognize and promote good attendance.
The District realizes that students occasionally will
have a reason to be absent from school.
However, these occurrences should be the exception rather than the
rule. In an effort to deal with absences
the following procedures shall be followed:
1.
After three absences from school, the teacher
will notify the parent/guardian by phone or mail of the student’s absences.
2.
After eight absences, the student’s classes
shall be closed and a conference will be scheduled between the appropriate
building administrator and the student’s parent/guardian.
3.
After 13 absences, the parents/guardians shall
be notified of the Michigan Compulsory Attendance Law and be told the school
will initiate a truancy/ educational neglect petition if the attendance pattern
does not change for the better.
4.
Should a student continue to be absent the
school will initiate the truancy/ educational neglect petition.
5.
Failure to attend school on a regular basis may
be used as a criteria for the student being retained in
their present grade.
Absences from class are not termed excused or
unexcused. All absences, including
illness, vacations, medical appointments and other obligations, count toward
the total. The following school
initiated exceptions are granted and do not count toward the total:
8020-R Attendance 8020-R-4
·
School related activities, e.g., field trips;
·
Suspensions (both in-school and out of school);
·
Administrative or counselor initiated
meetings;
·
Documented court appointments.
Prolonged absences due to illness or other extenuating
circumstances will be addressed on an individual basis. Any appeals concerning absences would be
processed through the assistant principal.
Elementary Attendance Procedure
The District realizes that students occasionally will
have a reason to be absent from school.
However, these occurrences should be the exception rather than the
rule. The following procedures will be
used when dealing with absences:
1.
After three absences from school, the teacher
will notify the parent/guardian by phone or mail of the student’s absences.
2.
The teacher will notify the principal in writing
when a student has eight absences. The
principal will send a written notice of the attendance concerns to the
parent/guardian.
3.
After 13 absences, a conference will be
scheduled between the appropriate school personnel and the student’s
parent/guardian. The parent/guardian
will be informed at that time of the possibility of an educational neglect
petition being filed if the attendance problem is not corrected.
4.
Should a
student continue to be absent the school will initiate the truancy/ educational
neglect petition.
Each school will develop an incentive program to
recognize and promote good attendance.
8040 School
Admissions 8040
The District
expects the administrative procedures for the admission of students to be
designed in such a fashion that enrollment is handled expeditiously and with
the least possible inconvenience to both parents/guardians and students. The enrolling school administrator shall
enter on the student’s permanent record card the student’s legal name and the
name, address and telephone number of his/her lawful custodian(s) as required
in Policy 8090 (Release of a Student During the School Day). Any unusual custody circumstances shall be
explained and updated insofar as possible.
School Entrance Requirements
1.
Legal evidence of being five years of age on or
before December 1 of year entering kindergarten.
2.
Evidence of residence as determined by voter
residence, except as otherwise provided for in tuition policy.
3.
Proof of immunizations as required by law.
First Time Enrollments
The parents and/or guardians of any student, grades
kindergarten through 12, enrolling in the District for the first time, shall
furnish, within 30 days, evidence regarding that student’s age and identity to the
enrolling officer, proof of required immunizations and a hearing test, and
social security number to be used as an identifier in data collection and
analysis.
Resident Students
The
Superintendent shall ascertain that all students who apply for admission to the
schools are residents of the District.
In the event that there is a doubt about the legal
8040 School Admissions 8040-2
residence of a student, the
Superintendent shall refer the question to the school attorney who shall
prepare a written report to the Board.
Non-Resident Students
Since schools are maintained for the primary benefit of
the residents of the District, non-resident students may be admitted only if
the District participates in “Schools of Choice” or to
the extent that staff, facilities, equipment, and supplies are available, and
only upon Board approval. A student will not normally be admitted to
the District who is under suspension or expulsion from another district or who
has voluntarily withdrawn from school in another district due to poor academic
performance or for disciplinary reasons.
Tuition
Tuition may be charged to non-resident students who are
not eligible to attend the District under “Schools of Choice” at a rate
established by the Board and according to the formula established by state
statute.
8040 School
Admissions 8040-3
The tuition
for any student that is to be paid by another district shall be paid on the
date provided in the agreement with that district. In any event that tuition for a non-resident
student is to be paid by the parent or guardian, such tuition shall be paid in
full at the time of enrollment in the amount determined by the Superintendent.
Resident Attendance In Another District
The Board may approve resident students attending
another school district that does not participate in “Schools of Choice” when
the needs of the student dictate as determined by the school’s counselors, teachers,
administrators and the student’s parents/guardians.
Assignments To Schools
Any parent/guardian who wishes to
enroll his/her child as a student in a school outside of the attendance area in
which the student would otherwise attend may make application to the office of
pupil personnel services, including in such application a justification for the
variance from the assignment. The
Director of Pupil Personnel Services is authorized, in any case in which he/she
feels that the better interest of the schools or the student involved will be
served, to grant an exception from the established attendance areas.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL
380.1134-1135; 380.1147-1148; 380.1204a; 380.1282; 380.1324; 380.1401;
380.1416; 388.1517-1518 (repealed); 388.1606; AG Opinion #5112, #5642, #5925,
#5995, #6467; PL 100-77; PL100-628; PL 100-645
8045 Homeless
Children 8045
The District is committed to identifying homeless
children and youth. The Superintendent
shall develop guidelines and procedures for identifying homeless children
within the District.
Such children shall be provided with educational
services to meet their needs as determined and directed by the Superintendent.
The child may attend the school that is in the best
educational, social and emotional interest of the child.
Current District policies and practices, and fees and
charges that may act as barriers and prevent homeless children from enrolling
in school and/or acquiring an appropriate education shall be waived by the
Superintendent.
Approved: July 11, 2001
Reviewed:
LEGAL REF: McKinney
Homeless Education Act of 1988 as amended
8080 Readmission
(Cf. 8310) 8080
Students whose enrollment has been terminated, either
voluntarily or otherwise, may be re-admitted by following the procedures
established by the Board
of Education. If the student who is applying for
re-admission was previously expelled for violating MCL 380.1311(2) or
380.1311a, the student shall be reinstated in accordance with procedures
established under law.
Approved: July 11, 2001
Reviewed:
LEGAL REF: AG Opinion
#6271
8080-R Readmission 8080-R
Criteria for Readmission
The
following items may be
considered before readmission of a student expelled for reasons other than
violating MCL 380.1311(2) or 380.1311a:
1.
The seriousness of the act for which the student
was expelled. At the time the student’s petition for readmission is presented
to the Board, the Office of Pupil Personnel Services will prepare a packet of
information for consideration by the Board members. The packet will contain the following
data: A copy of the Board resolution of
expulsion that summarizes the conduct resulting in the expulsion; a summary of
the student’s academic and disciplinary record; and the requirements to be met
by the student during the term of the expulsion.
2. The
student’s attempt to improve himself/herself during the period of expulsion and
the student’s general behavior during this period. Upon receipt of a petition
for readmission, the Office of Pupil Personnel Services will request the
student to submit documentation of his/her efforts in accomplishing the
requirements to be met in order to be considered for readmission.
3. Endorsement
of the student’s return to school by a school psychologist and/or a
psychiatric/psychological evaluation.
The report of the psychiatrist/psychologist will be included in the Board’s packet
of information.
4. The
Principal of the school in which an expelled student is placed should be fully
aware of the student’s background and should be in full agreement with such a
placement.
Procedure
for Consideration of Petitions for Readmission
1.
The student and/or parent/guardian will submit,
in writing, a request for reconsideration to the Superintendent.
2.
The Administrative Assistant to the
Superintendent will document the arrival of the request and forward the
original copy to Pupil Personnel Services.
8080-R Readmission 8080-R-2
3.
The Office of Pupil Personnel Services will
acknowledge receipt of the request, advise the parent/guardian and student to
contact Pupil Personnel Services to schedule a personal interview, and inform
them of the required documentation they will need to furnish at the interview.
4.
The Director and Coordinator of Pupil Personnel
Services will meet with the student and his/her parents/guardians to gather
background information pertinent to the criteria for readmission.
5.
When necessary, the Office of Pupil Personnel
Services will obtain signed release forms authorizing the student to have
psychological testing and a psychiatric evaluation.
6.
The Office of Pupil Personnel Services will
draft a final report, including a copy of the psychological evaluation; past
discipline record; academic records; the Board’s resolution of expulsion; and
documentation of the student’s efforts in accomplishing the requirements to be
met during the terms of expulsion.
7.
A central office administrative review team will
make a recommendation through the Office of Pupil Personnel Services. The
recommendation will state:
a. Whether the petition should be
granted or denied.
b.
Whether the student should be admitted with
restrictions or on probationary status.
c.
Whether the student should be readmitted only to
an alternative program, i.e., adult high school.
8.
The Superintendent and Deputy Superintendent
will review the central administrative review team’s recommendation and make a
decision on the re-admittance request.
8080-R Readmission 8080-R-3 8080-R-2
9.
Decisions concerning the non-approval or
approval for re-admission will be forwarded to the Board for informational
purposes.
10. The
Office of Pupil Personnel Services will notify the parents/guardians and/or
student in writing of the Board’s decision.
8090 Release of a
Student During the School Day 8090
In recognition of the District’s obligation to
parents/guardians for the health, welfare and safety of students, building
principals shall not release a student during the school day except in
emergency situations or to a student’s lawful custodian as defined by Michigan
law. The identification of the student’s
lawful custodian shall be verified to the satisfaction of the Principal. All written or verbal requests of the lawful
custodian shall be verified to the satisfaction of the principal. The name,
address, and telephone number of the lawful custodian shall be entered on the
permanent record of the student in accordance with Policy 8040 and Regulation
8090-R.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL
380.1561(e); R 340.71-75; AG Opinion #6596
8090-R Release of
a Student During the School Day 8090-R
At the time of school enrollment and admission, the
building principal, enrolling officer, or designee must complete the student’s
permanent record form that shall identify the student’s legal name and the
name, address and telephone number of the student’s lawful custodian(s).
Before releasing a student during the school day, the
building principal or designee shall be responsible for the verification of the
identity of any lawful custodian or any representative seeking release of a
student.
If a lawful custodian, as indicated on the student’s
permanent record, is not recognized by sight, the principal shall require
identification to his/her satisfaction before such release. If there is doubt, he/she may refuse to grant
the release.
In the case of a written or verbal authorization by a
lawful custodian of record, the principal shall verify to his/her satisfaction
the message as being from the lawful custodian of record by a return phone call
or any other means at his/her disposal.
If there is doubt, he/she may refuse to grant the release.
If, in the granting of a release of a student, a change
in the record of the student’s lawful custodian(s) becomes apparent and is
verified to the satisfaction of the principal, such change shall immediately be
entered on the student’s permanent record.
8130 Searches 8130
All searches shall be conducted in accordance with the
rules developed by the Superintendent.
Lockers
School lockers are the property of the District. At no time does the District relinquish its
exclusive control of lockers provided for the convenience of students. Students have no reasonable expectation of
privacy in their lockers or in their personal effects left therein. Accordingly, school authorities may
periodically inspect and search lockers as well as personal effects left
therein by a student for any reason at any time, without notice, without
student consent, and without a search warrant.
No law enforcement officer may search any locker without
a search warrant unless he/she has the consent of the building principal and is
accompanied by the principal or designated representative.
Students
In order to protect the health, safety, or welfare of
students under school jurisdiction, building principals or designated
representatives are authorized to search students. School authorities shall conduct no strip
searches. All searches shall be carried
out in the presence of an adult witness.
8130 Searches of
Lockers and Students 8130-2
Automobiles
Students are permitted to park on school premises as a
matter of privilege, not of right. The
school retains authority to conduct routine patrols of the student parking lots
and inspections of the exteriors of student automobiles on school
property. The interiors of student
vehicles may be inspected whenever a school employee has reasonable suspicion
to believe that illegal or unauthorized materials are contained inside. Such patrols and inspections may be conducted
without notice, without student consent, and without a search warrant.
Use of Canines
The administration is authorized to utilize canines
whose reliability and accuracy for sniffing out contraband has been established
to aid in the search for contraband in school owned property and automobiles
parked on school property. Canines shall
not be used to search students unless school officials have established
independently that there is reasonable suspicion to believe the student
possesses contraband on his or her person.
A qualified and authorized trainer who will be responsible for the dog’s
actions must accompany the canines. An
indication by the dog that contraband is present on school property or in an
automobile shall be reasonable suspicion for a further search by school
officials.
Approved: July 11, 2001
Reviewed:
8130-R Searches 8130-R
Lockers
The lockers in the schools of the District shall be
under supervision of the building principal or designated representative and
assigned to the student for the storage of school materials and clothing
necessary to school attendance. (Whenever the principal is mentioned in this
rule, it shall be construed so as to include “or designated representative.”)
The building principal or
designee shall have sole custody of the
combination or key to all locker locks in a storage place designed to guard
against unauthorized access or use.
He/she may search any locker at any time upon reasonable belief that the
locker contains firearms, explosives, liquor, flammable material, dangerous
weapons, narcotics or other matter prohibited by law or school regulations (Cf.
8190-R) from being on school property.
Such search may be made without notice to the student to whom such
locker has been assigned. Students are
prohibited from placing locks, other than the regularly issued school lock, on
their lockers.
Any person other than the building principal or designee who wishes to search a student’s
locker shall report to the building principal or designee before proceeding to the locker, and in no event
shall such person be permitted to search the student’s locker without the
principal’s or designee’s consent unless such
person has a valid search warrant authorizing him/her to make such search.
If a law enforcement officer desiring to search a
student’s locker has a warrant for such search, the principal shall immediately
take such person to the student’s locker and permit him/her to search the
locker. Whenever possible, such search
shall be made in the presence of the principal.
8130-R Searches 8130-R-2
If a law enforcement officer desires to search the
student’s locker without a warrant, the building principal shall ask what facts
lead the officer to believe that evidence of a crime will be lost, destroyed or
moved if the search and seizure did not take place immediately, before a
warrant is obtained. If the building
principal is not of the same opinion, he/she shall not participate in the
search, but he/she shall allow the law enforcement officer to proceed on
his/her own responsibility. The
principal shall report the incident to the Pupil
Personnel Services
Office and they may notify the officer’s
superior of the incident.
Prohibited items recovered from a student’s locker shall
remain in the custody of the building Principal, unless such items are turned
over to law enforcement officials; and if this is done, the principal shall
receive a receipt for such items so delivered.
Students
When it has been determined by the building principal
that there is a reasonable suspicion to believe that a student is in possession
of an object which can jeopardize the health, welfare or safety of other
students, that student shall be ordered to report to the building principal’s
office. This determination may be based
on any information received by the building principal or by a member of the
faculty or staff. It also may be based
on knowledge of the student’s disciplinary problems, the student’s association
with known drug offenders, the student’s exhibiting objects associated with
drug use or the student’s exhibiting such objects as bullets or a knife sheath
which could be associated with dangerous weapons.
Once in the principal’s office, the student shall be
advised of the reason why he/she has been ordered to report to the principal’s
office. The student shall then be
requested to empty items such as, but not limited to, pockets, purses, shoulder
bags and briefcases. Items that the
building principal believes may be connected with illegal activity may remain
in the custody of the building principal, unless such items are turned
8130-R Searches 8130-R-3
over to law enforcement
officials, and if this is done, the principal shall receive a receipt for such
item so delivered.
If the student refuses to comply with this request, the
building principal shall notify the student’s parents/guardians and request
that they come to the school at once.
The building principal shall advise the parents/guardians of the
immediate situation. If the
parents/guardians of the student are unable to persuade the student to comply,
the parents/guardians and the student shall be advised that law enforcement
officials will be notified, and the matter turned over to them. If the parents/guardians refuse to come to
the school or are unable to be notified and the student continues to refuse to
cooperate, the building principal shall notify law enforcement officials and
inform them of the facts which give him/her reasonable suspicion to believe
that the student has illegal or dangerous objects on his/her person. Any further search of the student shall be at
the discretion and under the control of the law enforcement officials with a valid
warrant
Once the building principal has relinquished control of
the student to the law enforcement officials, the building principal or
representative shall remain with the student and be present during any search
of the student made by law enforcement officials on school property.
A written report of such search incident shall be made
by the building principal and submitted to the Pupil
Personnel Services Office. The
written report shall contain the name of the student; the time, date and place
of the search; the reason or reasons for the search; the fact of whether law
enforcement officials were called; the name of the person who conducted the
actual search; the names of the persons present while the student was being
searched; and the result of the search.
The Pupil Personnel Services Office shall keep a copy of the written report on file.
8140 Interrogation
and Investigations Conducted in School 8140
It shall be the policy of the District that a reasonable
cooperative effort be maintained between the school administration and law
enforcement agencies. Law enforcement
officials may be summoned in order to conduct an investigation of alleged
criminal conduct on the school premises or during a school-sponsored activity
or to maintain the educational environment.
They may also be summoned for the purpose of maintaining or restoring
order when the presence of such officers is necessary to prevent injury to
persons or property. Administrators have
the responsibility and the authority to determine when the presence and
assistance of law enforcement officers is necessary within their respective
jurisdictions. The District’s
administrators shall at all times act in a manner which protects and guarantees
the rights of students and parents/guardians and shall cooperate with law
enforcement officials as provided in Regulation 8140-R.
School staff shall be informed annually of the contents
of this policy and rules.
Approved: July 11, 2001
Reviewed:
8140-R Interrogation
and Investigations Conducted in School 8140-R
In these rules, the administration is reminded that a
student who has attained the age of 18 enjoys the responsibility of speaking
for himself/herself without the agreement of parent, guardian, or
representative as to whether or not he/she will submit to questioning.
Initiated by School Administrators and Conducted by
Administrators
Building principals shall have the authority and duty to
conduct investigations and to question students pertaining to infractions of
school rules, whether or not the alleged conduct is a violation of criminal
law. Such investigations shall be
conducted in a manner that does not interfere with school activities.
Initiated
by School Administrators and Conducted by Law Enforcement
Officers
The building principal shall determine when the
necessity exists that law enforcement officers be notified to conduct an
investigation of alleged criminal behavior which jeopardizes the safety of
other people or school property or which interferes with the operation of the
schools.
The building principal may request that law enforcement
officers conduct an investigation and question students who are potential
witnesses of such alleged criminal behavior during school hours. A reasonable attempt shall be made to contact
the student’s parents, guardian, or representative before questioning by law
enforcement officers. Reasonable
requests of the parents, guardian, or representative shall be observed. The administrator involved shall document
such notifications or attempted notifications to parents, guardian, or
representative. In the absence of a
student’s parents, guardian or representative during any question of such
students, the principal or a designated, certified school staff person shall be
present.
If the investigation has centered on any particular
student suspected of any alleged criminal activity, the procedure for taking
students into custody by the procedure
8140-R Interrogation
and Investigations Conducted in School 8140-R-2
set forth below shall be
followed to the extent that it does not interfere with reasonable law
enforcement procedures.
Initiated and Conducted by Law Enforcement Officers
Although cooperation with law enforcement officers will
be maintained, it will not normally be necessary for law enforcement officers
to initiate and conduct any investigation and interrogation on the school
premises during school hours pertaining to criminal activities unrelated to the
operation of the school. Only in
demonstrated emergency situations, when law enforcement officers find it
absolutely necessary, will they be voluntarily permitted to conduct such an
investigation during school hours. These
circumstances shall be limited to those in which delay might result in danger
to any person, flight of a person reasonably suspected of a crime from the
jurisdiction or local authorities or destruction of evidence.
If the law enforcement officials are not recognized
and/or are lacking a warrant or court order, the building principal shall
require proper identification of such officials and the probable cause for the
requested interrogation of a student. If
the principal is not satisfied with either the identification or the probable
cause, he/she shall not grant the request of such persons and shall attempt to
so notify the Pupil Personnel Services Office and the officer’s superior, documenting such action.
In all cases, the officers shall be requested to obtain
prior approval of the principal or other designated person before beginning
such an investigation on school premises.
The administrator shall document the circumstances of such
investigations as soon as practical.
Alleged criminal behavior related to the school environment brought to
the principal’s attention by law enforcement officers shall be dealt with under
the provisions of the two previous sections.
8140-R Interrogation
and Investigations Conducted in School 8140-R-3
Interrogation
of Student During Investigation of Violations of School Rules
In instances where school rules have allegedly been
violated, the principal may notify the suspected rule violator(s) or potential
witness(es) to the infraction. When suspension or expulsion may be a
consideration, the suspect student shall be advised orally or in writing of the
nature of the alleged offense and of the evidence, if any, against the student.
In questioning a potential student witness to an alleged
disciplinary infraction, care should be taken by the administrator to ensure
there is a reasonable likelihood that the student was indeed a witness. School officials should not engage in
detailed questioning of students at random without reasonable cause in hope of
gathering information as to school misconduct.
Probable witnesses should be told the nature of the alleged misconduct
and the reason to believe that they were witnesses. Such students should be given the opportunity
to give their consent before answering questions of school officials.
Circumstances may arise where it would be advisable to
have another adult present during questioning of students.
Violations of Criminal Law
During an investigation of violation of school rules, it
may come to the attention of an administrator that the investigated activity
may also be a violation of criminal law.
In proceeding with the investigation, the principal shall attempt to
ascertain whether there is sufficient justification to believe that a criminal
offense was committed that warrants notifying law enforcement officials.
When a
suspected violation of criminal law has occurred on the school grounds
involving the operation of the school or a school-sponsored activity, law
8140-R Interrogation
and Investigations Conducted in School 8140-R-4
enforcement officials may be
notified and their presence requested for the questioning of suspected
students. If such officials are notified,
unless circumstances dictate otherwise,
questioning of the student shall
not begin or continue until the law enforcement officers arrive.
Reasonable attempts shall be made to contact a student’s
parents, guardian or representative who, unless an emergency exists, shall be
given the opportunity to confer with the student and to be present with the
student during such questioning. The
administrator shall document the notification or attempted notification to the
student’s parents, guardian, or representative.
In the absence of parent/guardian and student consent,
the law enforcement officers shall advise the student of his/her legal rights.
If the student’s parent, guardian, or representative is present and if the
parent/guardian and the student consent to the questioning, the investigation
may continue. If the parent/guardian or
student refuses consent to the questioning, the law enforcement officers will
determine the course of action to be pursued.
Information of criminal conduct not related to the
schools shall be turned over to law enforcement officials, without additional
investigation by school officials.
Taking a Student Into Custody
School officials shall not release students to law
enforcement authorities voluntarily unless the student has been placed under
arrest or unless the parent, guardian or representative and the student agree
to the release.
When students are removed from school for any reason by
law enforcement authorities, every reasonable effort will be made to notify the
student’s parents, guardian, or representative immediately. Such effort shall be documented.
8140-R Interrogation
and Investigations Conducted in School 8140-R-5
Whenever an attempt to remove a student from school
occurs without an arrest warrant or court order or without acquiescence of the
parent, guardian or representative and the student, the administrator shall
refuse to surrender the student and immediately notify a superior to the law
enforcement officers involved to make objection to the removal of the student. An exception to this procedure may be made if
the law enforcement officers are properly identified and can convince the
principal that there is probable cause for this action. The Pupil Personnel Services Office shall be notified immediately of any removal
of a student from school by law enforcement officers under any circumstances.
The building principal shall make reasonable efforts to
persuade law enforcement officers not to make arrests or to take students into
custody on school premises. Whenever the
need arises to make arrests or take students into custody on school premises,
the principal shall make reasonable efforts to persuade the law enforcement
officers to utilize a non-uniformed officer in making the arrest.
When it is necessary to take a student into custody on
school premises and time permits, the law enforcement officer shall be
requested to notify the building principal and relate the circumstances
necessitating such action. When
possible, the principal shall have the student summoned to the principal’s
office where the student may be taken into custody.
When an emergency exists, the principal may summon law
enforcement officials to the school to take a student into custody.
8140-R Interrogation
and Investigations Conducted in School 8140-R-6
When a student
has been taken into custody or arrested on school premises without prior
notification to the building principal, the school staff present shall
encourage the law enforcement officers to notify the principal of the
circumstances as quickly as possible. In
the event that the officers decline to notify the principal, the school staff
members present shall immediately notify the principal or the Pupil Personnel Services
Office.
If at all possible, the parents, guardian or representative
of the student shall be notified by the Principal or other school administrator
before the student is taken into custody by law enforcement officers or as
quickly thereafter as possible. The
administrator shall document such notification or attempted notification.
Disturbance of School Environment (Cf. 9290)
Law enforcement officers may be requested to assist in
controlling disturbances of the school environment which the building principal
or other school administrator has found to be unmanageable by school personnel
and which disturbances
have the potential of causing
harm to students, other persons or school property. Such potential of possible disturbance
includes members of the general public who have exhibited undesirable or
illegal conduct on school premises or at a school event held on school property
and who have been requested to leave by an administrator, but have failed or
refused to do so.
Coordination of Policies by Enforcement Officials
School administrators shall meet at least annually with
local law enforcement officials to discuss the District’s policy and rules
regarding law enforcement contacts with the District. Law enforcement officials will be asked to
instruct their staffs as to the terms of the school’s policies and rules.
8140-R Interrogation
and Investigations Conducted in School 8140-R-7
Student Interrogations, Searches, and Arrests - A
Checklist
I. What factors
caused a reasonable suspicion that the search of the student or effects, locker
or automobile will produce evidence that the student has violated or is
violating the law or the student code of conduct?
A. Eyewitness
account:
1. By whom:
2. Date/time:
3. Place:
4. What was observed?
__________________________________________________________
B. Information from
a reliable source:
1. From whom:
2. Time received:
3. How information was received:
4. Who received the information?
5. Describe the information:
C. Suspicious
behavior. Explain.
_______________________________________________________________
_______________________________________________________________
D. Time of search:
E. Location of
search:
F. Was the student
informed of the purpose of the search?
G. Was consent of the
search requested?
8140-R Interrogation
and Investigations Conducted in School 8140-R-8
II. Was the search conducted reasonably in terms of scope and
intrusiveness?
A.
What were you searching for?
B.
Sex of the student:
C. Age of the
student:
D. Exigency of the
situation:
E. What type of
search was being conducted?
_______________________________________________________________
F. Who conducted the
search?
Position:
Sex:
G. Witnesses:
_______________________________________________________________
III. Explanation of the search.
A. Describe the time
and location of the search:
_______________________________________________________________
B. Describe exactly
what was searched:
C. What did the
search yield?
_______________________________________________________________
D. What was seized?
_______________________________________________________________
E. Were any
materials turned over to the police?
F. Were
parents/guardians notified of the search, including the reason for it and the
scope? _______________________________________________________________
8180 Serious Acts of
Violence 8180
The District recognizes that
there are certain behaviors that, if tolerated, would quickly destroy the type
of learning environment to which the students and staff are entitled within
this school system. These behaviors,
categorized as violent and aggressive, will not be tolerated and shall result
in immediate action by the school system.
All acts of violence and serious
aggression, including, but not limited to, terroristic acts and/or threats,
shall result in specific consequences, determined by the seriousness of the
act, including suspension from school and consideration of expulsion for acts
of a serious or chronic nature.
Acts of violence and aggression shall
be well documented and communicated to the building principal. The Superintendent shall be notified
immediately of all acts pertaining to possession, threat with, or use of
weapon, physical assaults; stalking; and terroristic threats or acts. The Board shall be informed and involved
where deemed necessary by the Superintendent.
The immediate involvement of the parent(s) or guardian(s) is viewed
essential.
Serious consideration shall be
given to the involvement of appropriate law enforcement agencies and other
agencies in such cases.
Approved: July 11,
2001
Reviewed:
8185 Terroristic
Threats/Acts 8185
The District recognizes the
danger that terroristic threats or acts present to the safety and welfare of
District students, staff, and community.
The District acknowledges the need for an immediate and effective
response to a situation involving such a threat or act.
A terroristic threat shall mean a
threat to commit violence communicated with the intent to terrorize another, to
cause evacuation of a building, or to cause serious public inconvenience, in
reckless disregard of the risk causing such terror or inconvenience.
A terroristic act shall mean an
offense against property or involving danger to another person.
The District prohibits any
District student from communicating terroristic threats or committing
terroristic acts directed at any student, employee, Board member, community
member, school building, or property.
The Superintendent must react
promptly and appropriately to information and knowledge concerning a possible
or actual terroristic threat or act.
Staff members and students shall
be responsible for informing the building principal regarding information or
knowledge relevant to a possible or actual threat or act. The building principal shall immediately
inform the Superintendent after receiving a report of such a threat or act.
If a student is expelled for
making terroristic threats or committing terroristic acts, the District may
require, before readmission, that the student provide competent and credible
evidence that the student does not pose a risk of harm to others.
Approved: July 11,
2001
Reviewed:
8190 Behavior Code 8190
The principal of each school is authorized and directed
to develop such rules and regulations consistent with policies, rules and
regulations of the District that may be necessary to govern the conduct of
students on District property, in school-related vehicles, or at a school
sponsored activity or event. Such rules
are subject to Board consideration. All
rules and regulations shall be published in the appropriate student handbook.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1311;
750.71 - 750.80; 750.520b; 750.520c; 750.520d; 750.520e; 750.520g; 750.237a;
380.1211; 380.1596; PL 103-227, 20 USC 3351; Gun-Free School Zones Act of 1994;
PL 103-382
8200 Safe and Drug-Free
Schools/Students/Community 8200
(Cf. 7110, 7145, 8015, 8130, 8140, 8180, 8190, 8220,
8245, 8310, 8315, 8350,
8360,
8530, 8580)
The School District of the City of Flint has adopted
and will implement safety and drug prevention programs for students that
include the following elements required by the "Safe and Drug-Free Schools
and Communities Act," Amendments of 1998.
These elements per the U.S. Department of Education must follow the
Principles of Effectiveness. These
principles will govern recipients' use of fiscal year 1998 and future years'
funds received under Title IV, state and local programs of the Elementary and
Secondary Education Act —the Safe and Drug-Free Schools and Communities Act
(SDFSCA) State Grants Program. The
Principles of Effectiveness took effect on July 1, 1998.
§
Principle
1: Conducting Needs Assessment — The District
shall base its program(s) on a thorough assessment of objective data about the
drug and violence problems in the schools and communities served.
§
Principle
2: Setting Measurable Goals and Objectives —The
District shall, with the assistance of the Safe and Drug Free Schools Advisory
Board, which includes community representatives, establish a set of measurable
goals and objectives, and design its activities to meet those goals and
objectives.
§
Principle
3: Effective Research-Based Programs —The
District shall design and implement its activities based on research or
evaluation that provides evidence that the strategies used prevent or reduce
drug use, violence, or disruptive behavior.
8200 Safe and Drug-Free
Schools/Students/Community 8200-2
§
Principle
4: Program Evaluation — The District shall
evaluate its program periodically to assess its progress toward achieving its
goals and objectives and use its evaluation results to refine, improve, and
strengthen its program and to refine its goals and objectives as appropriate.
The elements required by the "Safe and
Drug-Free Schools and Communities Act" amendments of 1998 are:
(1) Age-appropriate, developmentally based
safety, drug and alcohol education and prevention programs that address the
legal, social, and health consequences of violence, drug and alcohol use and
that provide information about effective techniques for violence prevention and
resisting peer pressure to use illicit drugs for all students in all grades of
the schools operated by the School District of the City of Flint from early
childhood through grade 12. Annually, the board shall allocate funds to support
the Safe and Drug-Free Schools/Students/Community Programs.
(2) A statement to students
that the use of illicit drugs and the unlawful possession and use of alcohol is
wrong and harmful. Standards of conduct that are applicable to students in all
of the District’s schools and that clearly prohibit the unlawful possession,
use, delivery, transfer or sale of illicit drugs and alcohol as well as weapon
possession by students on school premises or at any school-sponsored activities
or events.
(3) A statement to students that any threat of,
or acts of violence (physical, verbal or otherwise) as well as possession of
weapons is wrong, harmful and possibly illegal.
8200 Safe and Drug-Free
Schools/Students/Community 8200-3
(4) A clear statement that disciplinary
sanctions, consistent with local, state and federal law, up to and including
expulsion and referral for prosecution, will be imposed upon students who
violate the standards required by paragraph 2 and 3 of this policy and a
description of those sanctions. For the
purposes of this section, a disciplinary sanction may include the
recommendation for an assessment.
(5) Information about any drug and alcohol
counseling and rehabilitation and re-entry programs that are available to
students.
(6) A requirement that all parents and students
be given a copy of the standards of conduct required by paragraph 2 and 3 above
and the statement of disciplinary sanctions described in paragraph 4 of this
policy.
(7) Notice to parents and students that
compliance with the standards of conduct required by paragraph 2 and 3 of this
section is mandatory.
(8) An annual review by the District of its drug
and violence prevention programs for students to:
(a) Determine their
effectiveness and implement changes to the programs if they are needed; and
(b) Insure that the disciplinary
sanctions described in paragraph 4 of this section of the policy are
consistently enforced.
Approved: July 11, 2001
Reviewed:
LEGAL REF: U.S. House Resolution
5210; Anti-Substance Abuse Act, 1988;
Title
IV of ESEA; Gun Free-School Zone Act of 1994;
MCL 380.1310; 380.1311; 380.1311a; 380.1596;
722.621
8220 Violence, Drug
and Alcohol Use by Students 8220
The Board and the staff of Flint
Community Schools support a safe and healthy learning environment for students
free of the detrimental effects of violence, drugs and alcohol. Accomplishing this goal requires a
cooperative effort among school staff, students, parents/guardians, law enforcement,
and organizations concerned with violence and the use of drugs and alcohol by
school-aged youth.
In order to promote the safety,
health, well being of students, the District endorses a three-pronged approach
to address the issues of violence and drug and alcohol use: prevention/ education; intervention and
discipline.
Prohibited Conduct
Violence, weapons possession, the
use of controlled substances, illicit drugs and unlawful possession and use of
alcohol is wrong and harmful and possibly illegal. The manufacture, possession,
use, delivery, dispensation, transfer, or sale of alcohol, illicit drugs and
controlled substances, including anabolic steroids by students, in the
District’s schools or at school-sponsored events, are expressly prohibited.
Also prohibited are any threat of or acts of violence (physical, verbal or
otherwise) as well as the possession of weapons.
Disciplinary Action
Disciplinary sanctions consistent
with local, state and federal law and the District’s Code for Student Conduct,
up to and including expulsion and referral for prosecution, will be imposed on
students who violate the standards established in the “Prohibited Conduct”
section of this policy. A disciplinary sanction imposed by the District may
include the recommendation for assessment. In instances where the assessment
agency is convinced that the student’s need for treatment is such that without
treatment the student is a danger to self or others, treatment may be required.
The parents or guardians of students who have engaged in prohibited conduct as
defined in this policy will be contacted upon verification of the violation.
8220 Violence, Drug
and Alcohol Use by Students 8220-2
Policy Communication
The District shall distribute
this policy and appropriate related information to staff, students, and
parents/guardians on an annual basis through handbooks and/or other means
selected by the Office of Pupil Personnel Services and building administrators.
Approved: July 11,
2001
Reviewed:
LEGAL REF: Title IV of
the Elementary & Secondary Education Act; Gun-Free School Zone Act of 1994;
MCL 380.1310, 380.1311, 380.1311a, 380.1596
8240 Student
Appearance 8240
Students’ dress and grooming must not disrupt the
educational process, interfere with the maintenance of a positive
teaching/learning climate, or compromise reasonable standards of health,
safety, and decency. Procedures for
handling students who dress or groom inappropriately will be developed by the
Superintendent and included in the Code for Student Conduct Handbook.
Approved: July 11, 2001
Reviewed:
8245 Gangs 8245
The District desires to keep its schools and students
free from threats or harmful influence of any groups or gangs that advocate
drug use, violence, or disruptive behavior.
The Superintendent shall maintain continual, visible supervision of
District premises so as to deter gang intimidation of students and
confrontations between members of different gangs.
The Superintendent shall:
Establish open lines of communication with local law
enforcement authorities so as to share information and provide mutual support
in this effort;
Provide in-service training to help staff identify gangs
and gang symbols, recognize early manifestations of disruptive activities, and
respond appropriately to gang behavior; and
Keep the staff informed about conflict management
techniques and alerted to intervention measures and community resources that
help students.
The District prohibits the presence of any apparel,
jewelry, accessory, notebook or manner of grooming which, by virtue of its
color, arrangement, trademark or any other attribute, denotes membership in
gangs which advocate drug use, violence, or disruptive behavior.
Approved: July 11, 2001
Reviewed:
8245-R Gangs 8245-R
At the building principal’s discretion, staff may use
the following techniques to discourage the influence of gangs:
1. Any student
wearing or carrying overt gang paraphernalia or making gestures that symbolize
gang membership shall be referred to the principal. The student’s parent/guardian shall be
contacted and the student sent home to change clothes if necessary.
2. Any gang graffiti
on District premises shall be removed, washed down, or painted over as soon as
discovered.
a. Checks for
graffiti shall be made throughout the campus, including restroom walls and
doors.
b. Graffiti shall be
photographed before it is removed. The
photographs will be shared with local law enforcement authorities and used in
future disciplinary or criminal action against offenders.
3. Classroom
and after-school programs at each school shall be designed to enhance
individual self-esteem, provide positive reinforcement for acceptable behavior,
and foster interest in a variety of wholesome activities.
4. Staff
shall actively promote membership in authorized student organizations that can
provide students companionship, safety and a sense of purpose and belonging.
Gang Prevention Education
Gang prevention instruction offered in the schools
shall:
1. Explain the
dangers of gang membership.
2. Include lessons
or role-playing workshops in non-violent conflict resolution and gang avoidance
skills.
3. Promote
constructive activities available in the community.
4. Involve students
in structured, goal-oriented community service projects.
5. Encourage
positive school behavior.
8245-R Gangs 8245-R-2
Teachers and law enforcement staff may teach gang
prevention lessons jointly.
Community Outreach
Gang prevention classes or counseling offered for
parents/guardians shall address the following topics:
1. The dangers of
gang membership.
2. The nature of
local gang apparel and graffiti.
3. Ways to deal
effectively with one’s children.
4. Warning signs
that may indicate that children are at risk of becoming involved with gangs.
Community programs offered for staff, parents/guardians,
churches, city officials, business leaders and the media shall address:
1. The scope and
nature of local gang problems.
2. Ways that each
segment of the community can help to alleviate these problems.
Intervention Measures
Staff shall make every effort to assimilate
gang-oriented students into the academic, extracurricular and social mainstream
and into work experience programs. To this end:
1.
Staff members shall be provided with the names
of known gang members.
2.
Insofar as possible, classroom teachers shall
assign individual gang-oriented students to cooperative learning groups in
which they may work toward common goals with students who are not members of
their gang.
3.
Students who seek help in rejecting gang
associations may be referred to community-based gang suppression and prevention
organizations.
8300 Student
Discipline (Cf. 5220) 8300
A principal or designee has the power and authority to
treat each student individually in determining the appropriate disciplinary
action in the most effective manner. A
principal or designee has the responsibility to protect the health and welfare
of all students, and must take into consideration all factors present at a
particular situation. A Principal or
designee has the authority and discretion to:
1.
Order in-house suspension, temporary suspension,
after school detention, disciplinary probation, or other appropriate
consequences as outlined in the Code for Student Conduct Handbook.
2.
Recommend expulsion to the Board.
3.
Refer a student to the proper law enforcement
authority if illegal activity may be involved.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 380.1312;
380.1311; PL 103.227
8305
Electronic Devices 8305
The District prohibits student
possession of laser pointers and attachments, cellular telephones and telephone
paging devices, also referred to as beepers, and any or other personal
communication devices by students on school grounds, on buses and other
vehicles provided by the District, and at sponsored activities.
Any student found to be in
violation of this policy shall be subject to discipline, including the
confiscation of the electronic devices.
1.
First offense –Parents will be contacted
and the electronic communication devices will be confiscated by the
administration and returned to the student at the end of the school day.
2.
Second offense- Electronic communication
devices will be confiscated by the administration and the student’s classes
will be closed pending a parent conference.
The communication devise will be returned only to the parent/guardian.
3.
Third offense- Electronic communication
devises will be confiscated by the administration and the student will receive
a three-day suspension. The
communication devise will be returned only to the parent/guardian at the end of
the school year.
All appeals under this policy
shall be brought before the Director of Pupil
Personnel Services or his/her
designee.
Approved: July 11, 2001
Revised: November 20, 2002
LEGAL REF: MCL 380.1303
8310 Weapon Free
School Zone 8310
The District is concerned with and
interested in protecting the health, safety, and welfare of students,
employees, and visitors. The District
recognizes that school buildings, facilities, vehicles, grounds and other
school property are best utilized in the educational process in the absence of
threats to physical well-being and safety, by individuals possessing weapons
and/or dangerous weapons or who commit arson or criminal sexual assault or
other serious violent crimes.
Accordingly, students in
possession of a dangerous weapon/firearm and/or who commit arson or criminal
sexual conduct on/in District property or at District or school-sponsored
events shall be permanently expelled from school and referred to the criminal
justice or juvenile delinquency system and the Family Independence Agency or
community mental health agency. The parent, legal guardian, and/or student
shall also be notified of the referral.
8310 Weapon Free
School Zone 8310-2
The Board reserves the ultimate authority to expel
students. The Board authorizes the administration
to determine student disciplinary matters.
The Board will conduct disciplinary hearings only for students who are
being recommended by the expulsion hearing panel for expulsion.
Each student subject to expulsion shall have their
situation reviewed by the expulsion hearing panel on a case-by-case basis. This policy statement is the District’s
assurance that the District is in compliance with both PL 103-382 and MCL
380.1311.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 380.1312;
380.1311; PL 103.227
8310-R Weapon Free
School Zone 8310-R
The District shall permanently expel a student from
attending school in the District if the student possesses a weapon in a weapon
free school zone. Such expulsion is
mandatory, unless the student establishes, in a clear and convincing manner, at
least one of the following:
1. That the object or instrument possessed by
the student was not possessed for use as a weapon, or for direct or indirect
delivery to another person for use as a weapon;
2. The weapon was
not knowingly possessed by the student;
3. The student did not know or have reason to
know that the object or the instrument possessed by the student constituted a
weapon or dangerous weapon; or
4. That the weapon was possessed by the student
at the suggestion, request, or direction of, or with the express permission of,
school or police authorities.
Expulsions mandated under this policy shall be imposed
in accordance with the procedures for student discipline as established by the
District and as set forth in the Code for Student Conduct or other
appropriate documents.
Recordation and Referral
All expulsions pursuant to District policy shall be
entered and preserved on the student’s individual permanent record. This information shall be disseminated, as part
of a student’s permanent record, to any other public or private (primary or
secondary) school where the expelled student seeks to enroll and where this
District is requested, or otherwise required, to forward or release records to
that institution. The District shall
immediately report any incident involving the possession of a weapon or
dangerous weapon on school property, in writing, to the student’s parent or
legal guardian (if the student is unemancipated) and to the local law
enforcement agency.
8310-R Weapon Free
School Zone 8310-R-2
The District shall, within three days of expulsion,
refer the expelled student to the appropriate Family Independence Agency or
county community mental health agency.
The District shall also notify the individual’s parent
or legal guardian or (if the individual is at least 18 years old or otherwise
legally emancipated) notify the expelled student of the referral. The District shall also refer for prosecution
conduct by any individual that is believed to violate state or federal laws
establishing weapon-free or gun-free school zones.
Petitions for Reinstatement
Students expelled pursuant to Policy 8310 (or their
parent or legal guardian if the student is unemancipated) may petition the
Board for reinstatement to school. An
individual who was in grade five or below when expelled may petition for
reinstatement at any time after the expiration of 60 school days subsequent to
the date of expulsion. Individuals who
were in grade six or above at the time of expulsion may petition for
reinstatement at any time after the expiration of 150 school days subsequent to
the date of expulsion. The District will
make available the proper forms to those who wish to petition for
reinstatement. The petitioner shall
provide an authorization and release for the Board and its designated committee
to request, receive, and review all student records
and student record information
maintained by any public or private school which the petitioning student has
attended. If such records are already in
the possession of this District, the parent/guardian or student (if
emancipated) shall furnish written authorization for review of it by the
committee and Board members.
8310-R Weapon Free
School Zone 8310-R-3
Upon receipt of a petition for reinstatement, the
District shall do the following:
1.
Not later than ten school days after receiving a
petition for reinstatement, the Board shall appoint a committee to review the
petition and any supporting information submitted by the parent or legal
guardian (if the expelled student is unemancipated) or from the expelled
student;
2.
The committee shall consist of two Board
members, one administrator, one teacher, and one parent/guardian of a student
attending the District;
3.
The Superintendent may prepare and submit for
consideration by the committee information concerning the circumstances of the
expulsion and any factors mitigating for or against reinstatement;
4.
Not later than ten school days after all members
are appointed and notified of the petition, the committee shall review the
petition and any supporting information, including any information provided by
the District, and shall submit a recommendation to the Board on the issue of
reinstatement;
5.
The recommendation of the committee shall be for
unconditional reinstatement, for conditional reinstatement, or against
reinstatement, and shall be accompanied by an explanation of the reasons for
the recommendation and of any recommended conditions for reinstatement; and
6.
The Superintendent shall be allowed to attend
meetings of the committee appointed by the Board when considering petitions for
reinstatement.
Criteria for Reinstatement
The designated committee and the Board shall consider at
least the following factors when a petition for reinstatement is submitted:
8310-R Weapon Free
School Zone 8310-R-4
1.
Whether the reinstatement would create a risk of
harm to other students or school personnel;
2.
Whether reinstatement would create a risk of
District or individual liability for the Board;
3.
The age and maturity of the individual;
4.
The individual’s school record before the
incident that caused the expulsion;
5.
The individual’s attitude concerning the
incident that caused the expulsion;
6.
The individual’s behavior since expulsion and
the prospects for remediation of the individual;
7.
The degree of cooperation and support from the
individual’s parent or guardian (if the petition was filed by a parent or
guardian) as well as any support that may be expected from a parent or
guardian, if the expelled student is reinstated.
Petitions for reinstatement from students expelled by
the Board of another District shall not be processed if that student has not
first submitted a petition for reinstatement to the expelling Board. This District will only consider
reinstatement, to the extent required by law, upon receiving written
verification of the denial of the student’s petition for reinstatement by the
expelling Board.
Conditions of Reinstatement
The Board may require an expelled student (and if the
petition was filed by a parent or legal guardian, the parent or legal guardian)
to agree in writing to specific conditions before reinstating the student. These conditions may include, but are not
limited to:
8310-R Weapon Free
School Zone 8310-R-5
1.
Signing a behavior contract;
2.
Participation in or completion of an Anger
Management Program or other appropriate counseling (at the expelled student’s
expense);
3.
Periodic progress reviews; and
4.
Specific immediate consequences for failure to
abide by any conditions of reinstatement.
Reinstatement
If the District decides to reinstate an expelled
student, those who were in grade five and below at the time of the expulsion
shall not be reinstated before the expiration of 90 school days subsequent to
the date of expulsion, unless a longer period of expulsion is required pursuant
to the federal Gun-Free Schools Act.
For students in grade five and below who have violated the federal
Gun-Free Schools Act and who are accordingly subject to mandatory one-year
expulsion, the Superintendent may submit his/her own recommendation to the
Board, in conjunction with the designated committee’s recommendation, to modify
the one-year expulsion requirement (on a case-by-case basis) to a period of
time not less than 90 school days.
Individuals in grade six or above at the time of expulsion shall not be
reinstated before the expiration of 180 school days (one legal school year)
after the date of expulsion.
Application to Handicapped Students
This policy shall be applied in a manner consistent with
the rights secured under federal law to students who are determined to be
eligible for special education programs and services.
8310-R Weapon Free
School Zone 8310-R-6
Definitions
“Weapons” or “dangerous weapon” includes, but is not
limited to: a firearm; gun; revolver; pistol; dagger; dirk; stiletto; knife
with a blade over 3-inches in length; pocket knife opened by a mechanical
device; iron bar; or brass knuckles.
“Weapon Free School Zone” means school property and/or a
vehicle used by the school to transport students to or from school property.
“School property” means a building, playing field, or
property used for school purposes to impart instruction to students or used for
functions and events sponsored by a school, and includes the area up to 1000
feet surrounding school property.
“Firearm” means (a) a weapon (including a starter gun)
which will or is designed to or may readily be converted to expel a projectile
by an explosive, or by gas or air; (b) the frame or receiver of any such
weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive
device, including explosives, incendiaries, poison gas, or any weapon which
will (or may readily be converted to) expel a projectile by the action of an
explosive or other propellant. For purposes
of application and enforcement of this policy, a BB gun is considered to be a
“firearm.”
8315 Assaults
Committed By Students 8315
Assaults Committed Against
School Personnel
Physical Assaults:
The Board may permanently expel a student in grade 6 or above, for up to 180 days, if the student commits a
physical assault, as defined by MCL 380.1311a(12)(b),
against a District employee or against a person engaged as a volunteer or
contractor for the District on school property, on a school bus or other school
related vehicle, or at a school-sponsored activity or event.
Verbal Assaults:
Any student in grade 6 or above
who commits a verbal assault on school property, on a school bus or other
school related vehicle, or at a school-sponsored activity or event against a
District employee or against a person engaged as a volunteer or contractor for
the District shall be expelled by the Board for up to 180 days. The Board may modify the expulsion period on
a case-by-case basis.
For the purpose of this policy,
“verbal assault” shall be defined as any willful verbal threat that is intended to place another in fear of immediate
physical contact that will be painful and injurious, coupled with the apparent
ability to execute the act.
Assaults Committed Against
Other Students
A student in grade 6 or above shall
be suspended or expelled, depending upon the circumstances, for up to 180 days
if the student commits a physical assault, as defined by
MCL
380.1310(3)(b), against another student on school
property, on a school bus or other school related vehicle, or at a
school-sponsored activity or event. The
Board may modify the expulsion period on a case-by-case basis.
8315 Assaults
Committed By Students 8315-2
Reinstatement (Cf. 8310-R)
The parent or legal guardian of a
permanently expelled student, or an emancipated permanently expelled student
may petition the Board for reinstatement.
The Board will provide all due process rights to reinstatement as
outlined in state law.
Application to Students with
Disabilities
This policy shall be applied in a
manner consistent with the rights secured under federal and state law to
students who are determined to be eligible for special education programs and
services.
Implementation
The Superintendent shall develop
specific procedures for dealing with expulsions authorized by this policy. Regulations ensuring due process to all
students before an expulsion is imposed shall be developed with the advice of
the District’s attorney.
The Superintendent’s regulations
shall include procedures for reporting violations of this policy to the Board,
procedures for referring permanently expelled students to appropriate Family
Independence Agencies or County Community Health Agencies and specifics for the
reinstatement of students.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 380.1308;
380.1311a
8320 Corporal
Punishment 8320
The District does not condone the
use of force, fear, hitting, paddling, spanking, slapping, or other forms of
corporal punishment as an appropriate procedure in student discipline.
No employee, volunteer or contractor
of the District shall inflict physical pain by hitting, paddling or spanking,
or cause to be inflicted, corporal punishment upon a student. Reasonable physical force may be used to
maintain order and control in a school or a school related setting for the
purposes of providing an environment conducive to safety and learning.
Physical force upon a student may
be necessary to restrain or remove a student whose behavior is interfering with
the orderly exercise and performance of District functions within a school or
school related activity if that student has refused to comply with a request to
refrain from further disruptive acts; for self defense or the defense of
another; to prevent a student from inflicting harm on himself/herself; to quell
a disturbance that threatens physical injury to any person; to obtain
possession of a weapon or other dangerous objects;
and to protect property.
Employees should not find it
necessary to resort to physical force, violence, or threats to compel
obedience.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 380.1312
8320-R Corporal
Punishment 8320-R
Alternatives To Corporal Punishment
Accepted alternatives to corporal punishment are:
·
Involve students in the development of
positively stated classroom rules, which relate to clear educational
purposes. Submit these rules to the
building Principal for approval.
·
Involve students in the development of
consequences for misconduct.
·
Post a list of rules in a conspicuous area of
the classroom in order to make students aware of appropriate behavior and the
teacher’s expectations.
·
Send a letter containing classroom rules to
parents/guardians. Request that they
sign the letter and return it to school for confirmation.
·
When students act in accordance with classroom
rules, provide positive recognition, and implement consequences when a
student’s behavior is disruptive.
·
Since consequences lose effectiveness when they
are too punitive, implement consequences with patience and avoid punishing
every infraction.
·
Enforce rules in a pleasant, firm manner, with
neither sternness nor anger.
·
Use rewards frequently, but intermittently, so
that students will be positively reinforced without expecting a reward each
time they behave well.
·
Teach appropriate language for students to
express their feelings.
·
Implement modalities on behavior management such
as assertive discipline, behavior modification, etc.
8320-R Corporal
Punishment 8320-R-2
·
Help students see cause and effect relationships
between inappropriate behavior and the need to respect rights of others as per
the Michigan Health Model.
·
Implement rights and responsibilities fairly and
consistently.
·
Establish classroom privileges.
·
When students misbehave, classroom privileges
may be denied.
·
Avoid disrupting the class when implementing consequences
for student misconduct and select private moments to advise a student about
his/her punishment.
·
Follow the building’s procedures for dealing
with disruptive students relative to referring these students to the office for
due process or to another appropriate place.
·
Establish before, during, and after school
detention when feasible.
·
Use a time-out area or space in the classroom
for young students.
·
Confer with parents/guardians (e.g., by
telephone, written communication, conferences, etc.) relative to a student’s
general pattern of inappropriate behavior.
·
Hold conferences with the parent/guardian and
student when the student’s misconduct is disruptive.
·
Remember to incorporate discipline rather than
simply to impose penalties for misconduct.
Teach appropriate student conduct.
8350 Student
Suspension and Expulsion (Cf. 8080) 8350
The official statement of the policy and philosophy of
the Flint Board of Education with regard to student conduct, along with
procedures to implement this policy, is contained in a separately published
brochure, Flint Community Schools, Code for Student Conduct,
latest revision, approved by the Board.
Copies of the Code for Student Conduct are distributed to all
students and should be consulted for complete and up-to-date information.
The complete text of the Code for Student Conduct
appears in the attached addendum #1 at the end of this manual.
Each teacher and administrator in the Flint Community
Schools should read and be familiar with the Code for Student Conduct.
Approved: July 11, 2001
LEGAL
REF: MCL 380.1311
8360 Class, Subject,
and Activity Suspensions 8360
A teacher is authorized to
immediately remove and suspend a student from a class, subject, or activity
when a student commits a violation of law or
engages in disruptive behavior, which includes, but is not limited to the
following conduct:
(1) Throwing objects that can cause bodily injury or property
damage;
(2) Fighting;
(3) Directing profanity, vulgar language, or
obscene gestures toward the teacher or other students;
(4) Violating safety rules as communicated in
the Code for Student Conduct handbook or classroom rules;
(5) Failing to comply with directives given by the teacher
(6) Expressing racial or ethnic slurs toward
the teacher or another student;
(7) Engaging in any misbehavior that gives
the teacher a reasonable belief that such conduct will incite violence;
(8) Destroying/defacing school property;
(9) Harassing/threatening or intimidating acts;
(10) Repeated violations of classroom rules and/or code violations.
Any student suspended pursuant to this policy shall not
be allowed to return to the class, subject, or activity from which he or she
was suspended from until the passage of one full school day from the time of
the student’s infraction unless otherwise permitted by the teacher who ordered
the suspension.
Students attending separate class periods throughout the
school day shall be permitted during the term of the suspension to attend other
classes taught by other teachers only when the student’s conduct does not rise
to the level of requiring a multiple
day suspension or expulsion in
accordance with District policy and the Code for Student Conduct.
8360 Class, Subject,
and Activity Suspensions 8360-2
Application to Students with
Disabilities
This policy shall be applied in a
manner consistent with the rights secured under federal and state law to
students who are determined to be eligible for special education programs and
services.
Implementation
The Superintendent shall develop
detailed written regulations to implement this policy in compliance with state
law requirements. He/she shall ensure
uniform and consistent application of the policy and shall report to the Board
as required on its effectiveness.
The regulations shall include
safeguards for the dismissal of students suspended for more than ten
accumulative days, procedures for reporting violations of this policy to
appropriate members of the District’s administration, and procedures for
calling an immediate conference with parents/guardians following the student’s
suspension.
Approved: July 11,
2001
Reviewed:
LEGAL REF: MCL 380.1309
8480 Student Health
Services 8480
The District will endeavor to maintain a healthful
environment for each student in school attendance and in school-sponsored
activities.
Prior to entrance in school, kindergarten students shall
be requested to present evidence that they have had a physical examination or a
statement signed by the parent/guardian that meeting this request is contrary
to their religious beliefs. Because of certain apparent or suspected physical
problems, a student may be requested by a school nurse, principal or designee
to be examined by a health care provider.
Immunization of Students and Vision Testing
All kindergarten students and other students entering
school for the first time shall submit evidence that they have complied with
the state’s immunization requirements:
1. Submitting a
statement by an authorized health care provider that the child has been tested
for, immunized or protected against, diseases specified by the director of
public health;
2. Submitting a
statement signed by the parents or guardian to the effect that the child has
not been immunized because of religious convictions or other objections to immunization; and/or
3. Submitting a
statement signed by an authorized health care provider that certifies that the
child is in the process of complying with all immunization requirements; and/or
4. Submitting a
signed request that the local health department give the needed protective
injections.
The parent or guardian of each enrolling child shall
submit a statement signed by a district, county, or city health department
director stating that the child has passed the Michigan Department of Public
Health preschool vision screening test, or signed by a licensed medical or
osteopathic physician, or a licensed optometrist stating that the
8480 Student Health Services 8480-2
child’s
eyes have been examined during the preschool years after age 3 and before
initial entrance. A vision test is not required if there is a
statement signed by a parent or guardian to the effect that the child cannot be
subjected to the test because of religious convictions.
Students not in compliance with this policy shall be
excluded from school and parents/guardians shall be notified.
The District shall place a very high priority on the
eradication of preventable diseases among students through an adequate program
of immunization, and authorizes the use of District facilities and staff time
for this purpose. To accomplish this
task the District shall use the model plan developed by the Michigan Department
of Education and the Michigan Department of Public Health for assessing local
immunization needs and implementing an immunization program appropriate to
those needs.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL
333.26301-333.26306; 380.1177; R 325.1491; R 325.1481
8510 Communicable
Diseases - Students 8510
In order to minimize the spread of contagious diseases
among students and staff, the Flint Community Schools will cooperate with the
Genesee County Health Department to enforce adherence to the Michigan Health
Code for the prevention, control, and containment of communicable diseases.
A decision to close schools due to communicable disease
outbreaks shall be made by the Superintendent, or designee, in consultation
with the Genesee County Health Department medical staff and/or for review to
the review team.
A student with or carrying a communicable and/or chronic
infectious disease has all rights, privileges, and services provided by law and
the District’s policies.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 333.5111;
333.5131; Family Educational Rights and Privacy Act of 1974
8510-R Communicable
Diseases - Students 8510-R
A. The principal or
designee will not permit a student to attend school who is out of compliance
with the required immunization schedule.
School personnel in completing and coordinating all immunization dates,
waivers, and exclusions, including the necessary Immunization Assessment
Program forms, to provide for preventable communicable disease control.
B. All reportable
communicable diseases will be referred to the Genesee County Health Department
in accordance with Michigan statutory and administrative guidelines.
C. The decision to
close schools due to communicable disease outbreaks is at the discretion of the
District’s administration. Consultation
on such decisions is available from the Genesee County Health Department.
D. Mandatory
screening for any of the following listed communicable diseases (see paragraph
F) of all students/employees as a condition of attending work/school or as a
condition for employment shall not be required.
E. Communicable
diseases considered a serious concern to the community and/or the afflicted
individual will be addressed by a Communicable Disease Review Panel
(C.D.R.P). This C.D.R.P. will serve as
resource to the District to provide specific procedures for the situation.
F. The Board will be
informed by the Superintendent when the C.D.R.P. is formed to review a
situation involving a person with a communicable disease in the schools, The
Board shall be notified initially that the C.D.R.P. is meeting and the decision
of the C.D.R.P. when a decision is made concerning the person with a
communicable disease.
Communicable diseases that are serious in nature
include:
1. AIDS - Acquired
Immune Deficiency Syndrome.
2. ARC - AIDS
Related Complex.
8510-R Communicable
Diseases - Students 8510-R-2
3. Persons infected
with HTLV-III/LAV-Human T-Cell Lymphotropic Virus/Lymphadenopathy Associated
Virus.
4. Hepatitis B.
5. Other like
diseases that may be included by the health department which may present
potentially serious health problems for those who come in contact with the
disease and/or the disease carrier.
Communicable Disease Review Panel
A. Purpose
The C.D.R.P.
shall serve as a resource to the District for specific communicable disease
instruction, protocol, procedures, and to make recommendation concerning:
1. Specific serious communicable
disease cases
2. Epidemic control
regarding any communicable disease occurrence
B. C.D.R.P.
Membership
The C.D.R.P.
shall have a membership that will be limited to the following representatives:
1. The
Superintendent who will serve as chairperson
2. Physician with
expertise in the related disease
3. Physician
treating the individual
4. A physician from
the Genesee County Health Department
5. Parent/guardian
(if individual student case) or the staff person affected (or his/her
representative) or the affected student of 18 years of age or older (or his/her
representative). It would be permissible
for both parents/guardians to attend or for a person to bring a representative
as long as it is with the understanding that they only have one vote.
6. The school nurse.
8510-R Communicable
Diseases - Students 8510-R-3
Operation Guidelines for the C.D.R.P.
A. Upon notification
of the existence or suspicion of an affected staff person/student, the
Superintendent may, after consultation with a physician from the Genesee County
Health Department within 24 hours, inform in writing the affected staff person,
parent/guardian of an affected student or an affected student 18 years of age
or older, that the affected person may not attend work/school or any school
sponsored activity until the C.D.R.P.’s or Superintendent’s written
recommendations have been received.
Possible alternative delivery of school programs shall be made available
to the affected student.
B. The C.D.R.P.
shall have access to any relevant material or testimony concerning the affected
individual and his/her behavior as it relates to the communicability of the
disease. The C.D.R.P. shall consider
existing federal, state, and local guidelines and have the authority to consult
any experts, as they deem necessary.
C. The C.D.R.P. shall
make a written recommendation as to whether the affected person should continue
to be involved in the school setting.
D. As recommended in
the state guidelines, the C.D.R.P.’s decision for
students should be based on the behavior, neurological developments and
physical conditions of the child, setting, and the risks and benefits to both
the affected student and others in the educational setting.
For an affected
employee, the C.D.R.P. should consider in its determination:
1. The
physical/mental condition of the school employee;
2. The expected type
of interaction with others in the school setting; and
3. The impact on
both the affected school employee and others in that setting.
E. If the
recommendation is to allow the person to continue in the school setting, then
the C.D.R.P shall make a written recommendation regarding whether precautions
should be taken within the school environment.
8510-R Communicable
Diseases - Students 8510-R-4
F. If the
recommendation is to exclude the person from the school setting, the C.D.R.P.
shall make a written statement as to the conditions under which they would
reconsider the denial.
G. The C.D.R.P. shall
make a recommendation as to the need to review the case on a periodic basis and
the timelines for such a review.
Case Review Process
A. The Superintendent
shall obtain the name of the physician treating the affected person and shall
request that the physician be a part of the C.D.R.P. The parent/guardian or affected person shall
provide the school District with a release of information so that the C.D.R.P.
may review the needed information.
B. Upon notification
of the existence or suspicion of an affected staff person/student, the C.D.R.P.
chairperson shall, within five business days, call a meeting of the C.D.R.P.,
at which time the case shall be reviewed.
The affected staff person, parent/guardian of an affected student, or an
affected student 18 years of age or older will have an opportunity to present
written reports and verbal testimony to the C.D.R.P.
C. If the C.D.R.P.’s
decision is unanimous, the chairperson shall, within three business days of the
decision, inform in writing that decision to the affected staff person,
parents/guardian of an affected student, or an affected student 18 years of age
or older will have an opportunity to present written reports and verbal
testimony to the C.D.R.P.
D. If the C.D.R.P.’s
decision is not unanimous, the Superintendent shall receive, within two
business days of the conclusion of the hearing, a summary of each C.D.R.P.
member’s position. The Superintendent
shall then make the final determination within three business days of the
receipt of the C.D.R.P.’s summaries.
Copies of this decision will be sent to the affected person,
parent/guardian of an affected student, or an affected student 18 years of age
or older, the Board and the C.D.R.P.
8510-R Communicable Diseases - Students 8510-R-5
E. If the affected
person/student’s parent or guardian does not accept the decision of the
C.D.R.P./Superintendent, such persons may file, within five business days, a
written request to the Board asking it to hear their appeal. The Board shall establish a date for such a
hearing within two business days upon receipt of said appeal.
Upon the
conclusion of the hearing, the Board shall render its decision within five
business days and send copies of their decision to the affected staff member,
the parents/guardian of the affected student or to an affected student 18 years
of age or older.
F. If the decision
of the C.D.R.P is not unanimous and if a majority of the members of the
C.D.R.P. do not agree with the decision of the Superintendent, they may appeal
that decision on their own behalf to the Board.
All timelines for such an appeal will be the same as outlined in the
appeal process in paragraph E.
G. If the student is
a special education student, a copy of the C.D.R.P.’s decision shall be sent to
the Director of Special Education. The
director shall then convene an Individual Educational Planning Conference
(IEPC) within three business days of the receipt of the report. The IEPC shall consider the recommendation of
the C.D.R.P. in determining the program and services. If the parent or guardian requests a hearing
as a result of the IEPC recommendation, a placement of the student in the
interim will be based upon the recommendation of the C.D.R.P.
H. All persons
involved in these procedures will be required to treat all proceedings,
deliberations and documents in compliance with the provisions of the Family
Educational Rights and Privacy Act (FERPA), the Freedom of Information Act, and
the Employees Right to Know Act. Any employee found to have violated the
confidentiality of any proceedings connected with Policy 8510, or these rules,
shall be subject to disciplinary action up to and including discharge.
8530 Student Assistance Program (Cf.
7110, 7145, 8015, 8180, 8190, 8530
8200, 8220, 8310, 8315, 8350, 8530, 8580)
A K-12 Student Assistance Program based within
the school provides a means for schools to continue quality education in the
classroom while providing a mechanism for addressing high-risk behaviors in
youth that interfere with their academic and/or social development. The objective of such a program is to assist,
identify, refer, and follow-up with students experiencing or at high-risk for
problems, including but not limited to:
substance abuse, depression, suicide, incest, personal and family
violence, family problems, or mental health-related issues. The program links the District with local
networks of community agencies and resources in providing appropriate
assistance to students.
The District recognizes that education and
disciplinary actions, although necessary components of safe and drug free
programs, may not deter students from violence, weapons possessions, alcohol or
illicit substance use. Students directly
or indirectly may need assistance. It is
the policy of the District to provide students assistance with their problems
or to refer to licensed agencies those students whose problems cannot be
effectively dealt with by the District.
To implement this policy the District establishes a Student Assistance
Program following guidelines set forth below.
To insure that the adoption of
this Student Assistance Program policy and participation in Student Assistance
Programs developed pursuant to this policy are not construed to relieve
students from responsibility for their actions, it is emphasized that the
policies set forth in the Prohibited Conduct and Disciplinary Action sections
of Policy 8220, and
8530 Student Assistance
Program 8530-2
8530-2
mandated by the Safe and
Drug-Free Schools and Communities Act Amendments of 1998, will be enforced.
Approved: July 11, 2001
Reviewed:
LEGAL
REF: Title IV of the Elementary &
Secondary Education Act of 1965; Gun-Free School Zone Act of 1994; MCL380.1310;
380.1311; 380.1311a; 380.1596; 722.621
8530-R Student Assistance
Program 8530-R 8530-R
The Student Assistance
Program is a "broad brush" approach intended to offer assistance to
students who must deal not only with violence and substance abuse issues, but
also to those students who must deal with other significant problems such as
suicide, grief and loss, incest, sexual/physical abuse, family violence, depression,
mental health-related issues, including teenage pregnancies, and other family
problems. In no case should a diagnosis
or suggestion that a student has substance-related or mental health problems be
made.
It is the purpose of this program to establish
the means by which students facing significant problems such as those described
in the preceding paragraph may be referred (in addition to punitive measures
when appropriate) for screening and assessment and/or to agencies or
individuals licensed to deal with students' problems. The process by which a student may receive
services will include the following:
Core Team
The Core Team is the foundation of the Student
Assistance Program. This team is
comprised of professionals whose primary purpose is to access the needs of
students via behavioral referral forms to determine whether the student is in
need of help by referring to resources within the school building or to outside
professionals. The team will use a comprehensive
group process approach and a confidential information system that will include
program evaluation data.
8530-R Student Assistance
Program 8530-R-2
Educational Support Groups
Educational Support Groups will be established as
needed to assist students in dealing with significant problems that they are
likely to face. The staff for the educational support groups will have received
inservice training and will be abreast of prevention
and intervention strategies appropriate to their level of training.
Parent Involvement
An essential feature of
all Student Assistance Programs is the significant involvement of parents at
every level of program development and the support likely to be given in the
implementation of a program. Even more so is the growing need to develop
support and training programs for parents of students who are exhibiting
"barriers to learning." Through a cooperative effort of schools,
parents, and the community-at-large, an effective program can be developed to
address the myriad of
problems students are likely to face.
School Staff Responsibilities
All school staff are expected
to refer to the building principal and/or designee or a member of the Core
Team:
1. Any student whom they
witness engaging in behaviors listed under Prohibited Conduct in Policy 8220;
2. Any student exhibiting
signs, symptoms, or indications of an alcohol, tobacco or drug-related behavior
problem or, any student whose self-disclosed alcohol, tobacco or drug-related
behavior places them or others at risk or in eminent danger;
8530-R Student Assistance
Program 8530-R-3
3.
Students who
make threats of, or engage in, acts of violence (physical, verbal or otherwise)
as well as instance where the Gun-Free School Zone Act must be imposed will be
excluded;
4.
Any student
who exhibits a definite and repeated pattern of unacceptable school performance
not responding to usual and customary attempts to correct it; and
5.
Students who
have other significant problems.
Students may also seek the assistance of the Core
Team in other ways such as self-referral or referral by peers, parents or
community representatives.
Responsibilities Upon Referral
Except in emergencies, all students needing
assistance with significant problems shall be referred to the building
"Core Team" for preliminary review. The appropriate administrator or
member of the "Core Team" shall consult with the referred student,
his or her parents, and/or staff members and attempt to assess the nature and
scope of the student's problems. The
"Core Team" will determine whether additional assessment or referral
is appropriate, and if so, the "Core Team" will refer the student to
qualified District personnel or, if the student's problem cannot be dealt
within the District, the appropriate referral will be made.
Confidentiality
The identity of any student referred
for alcohol, tobacco and other drug treatment or mental-health related issues
will be kept confidential in accordance with federal and state laws, except as
otherwise required in the Prohibited Conduct and Disciplinary Actions section
of Policy 8220. No records of the
student's participation in
8530-R Student Assistance
Program 8530-R-4
the Student Assistance Program will become a part of the
student's permanent/cumulative file.
Diagnostic labels such as "drug abuser," "chemically
dependent" or "mentally ill" in addition to pejorative labels,
are never to be used in documents referring to a student or in conversation
about the student to third parties by any staff member.
The records of a student who participates in the
Student Assistance Program will be kept with the "Core Team" for a
period of three (3) years after the student's involvement with the program.
Such records shall become privileged information,
and as such, shall not be accessible to other staff or employees except on a
"need to know" basis. The
confidential relationship established hereby may be broken when, in the best
judgment of the Core Team or the principal of a school, non-disclosure
endangers the health and welfare of the student or others.
8580 Child Abuse 8580
Any employee of the District who has reasonable cause to
know or suspect that a child has been subjected to abuse or neglect or who has
observed the child being subjected to circumstances or conditions which would
reasonably result in abuse or neglect will immediately report or cause a report
to be made to the local Family Independence Agency.
School employees will not contact the child’s family or
any other persons to determine the cause of the suspected abuse or
neglect. It is not the responsibility of
school employees to determine or prove that the child has been abused or
neglected.
Access to Students on School Premises (Cf. 8140)
The building principal is authorized to act in loco
parentis to protect the interests of the student when allowing a student to
be interviewed by FIA representatives on school premises.
Cooperation Between School and Agencies
The District’s elementary and secondary schools, the FIA
and law enforcement agencies shall cooperate with each other in the
investigation of reports of suspected child abuse or neglect.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL
722.621-636
8580-R Child Abuse 8580-R
To comply with the child protection law, any teacher or
other school employee who suspects that a child’s physical or mental health or
welfare is being adversely affected by abuse or neglect shall immediately
report such suspicions in the following manner:
Emergency Situations
An emergency situation includes, but is not limited to,
life-threatening situations, reports of sexual abuse, obvious physical
impairment, marks of abuse or overt behavior changes.
The building principal shall notify the Superintendent
of the disposition of the initial report to the Family Independence Agency.
Non-Emergency Situations
It is recommended that the person suspecting abuse or
neglect shall report his/her suspicions to the building principal. The principal shall confer with the school’s
social worker, guidance counselor or psychologist, if any, and notify the local
FIA office. At no time shall the principal
or any other staff members prevent or interfere with the intent to prevent the
making of a report of suspected child abuse.
As much of the following information shall be given by
the initial reporter: name, address and
age of the student; name and address of the parents or guardians; nature and
extent of injuries or description of neglect or sexual abuse; and any other
information that might help establish the cause of the child’s condition.
Any personal interview or physical inspection of the
child by any school employee shall be conducted in an appropriate manner with
an adult witness present.
An oral report to the principal must be made as soon as
possible and will be followed by a written report.
8580-R Child Abuse 8580-R-2
In Michigan, anyone making a report in accordance with
state law or participating in a resulting judicial proceeding is presumed to be
acting without malice and in good faith and, in so doing, is immune from any
civil or criminal liability that might otherwise be imposed.
8650 Student
Accidents (Cf. 8660) 8650
Accident and illness may occur in the classroom and on
school grounds. All school personnel
shall be prepared to follow the necessary first aid procedures and other rules
described in this section.
Any school employee who discovers an accident involving
a student on school property shall, in a timely manner, report the accident to
the building principal. Each building
principal shall establish procedures for handling student accidents at athletic
events and other school related activities.
Approved: July 11, 2001
Reviewed:
8650-R Student
Accidents 8650-R
Generally, school employees are not trained to
administer medical treatment to students.
In the event of a student accident which appears to
require medical treatment other than emergency first aid, all school employees
will follow the plans and procedures which have been developed by the
Superintendent and building principals to cover such emergencies.
The Superintendent will develop procedures to be
followed in case of a student accident or injury. Such procedures will be explained to all
employees at the beginning of each school year.
Only qualified school employees may diagnose or in any
way treat a student suspected of injury other than attempting to make the
student as comfortable as possible while waiting for competent medical
treatment. Qualified employees, for the
purpose of this policy, are those employees who have successfully completed an
approved Red Cross first aid program or who have otherwise been approved by the
Superintendent to administer treatment.
Primary first aid procedures to be followed include
visually determining, if possible, the extent of the injury and having the
school’s secretary or a certified staff member call the parents/guardians. (Cf. 8660 First Aid)
If the parents are notified, the injury should be
described and appropriate action determined with consent of the
parents/guardians.
If the parents/guardians cannot be reached, the family
physician or alternate physician if permitted by parents/guardian of the
student should be notified.
Under no circumstances will any of the school’s
employees attempt to administer medical treatment to any injured student.
8650-R Student
Accidents 8650-R-2
Records
An information card for each student containing the
following information shall be on file in the building principal’s office:
·
Names and addresses of parents/guardians, their
home and business phone numbers;
·
Names of some other persons to be called in the
event of an accident and their phone number(s);
·
Names of the family physician and his/her office
phone number;
·
Permission to call the family physician in the
event parents/guardians cannot be reached and permission to act on his/her
advice;
·
Permission to consult with another physician if
the family physician cannot be reached; and
·
Any physical condition of the student for which
it would be considered appropriate to indicate a medical alert.
8660 First Aid
(CF. 8650) 8660
The District shall provide appropriate training in first
aid and cardio-pulmonary resuscitation (CPR) for identified personnel. This training may be provided as part of the
District’s in-service plan or other program established by the District.
First aid and CPR may be administered to students or adults only
by those school employees qualified by District-approved training and then only
in case of an emergency. School employees shall not attempt to treat
any student injury after the initial treatment of emergency first aid. The District will not assume liability under
these policies for employees acting outside the scope of their authority.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 691.1504
8660-R First Aid 8660-R
Personnel identified by the District as eligible to
receive first aid and CPR training may include those who are regularly assigned
to the work site such as: the building principal or head teacher, the building
secretary, the physical education instructor, school nurse and other personnel
as the District may identify.
First aid shall be limited to the applying of simple
bandages and to any justifiable emergency aid such as stopping bleeding to
prevent further injury, disability, or death.
Neither diagnosis nor treatment, except under emergency
conditions, are within the responsibilities of school personnel, since school
personnel are not trained to make what are essentially medical decisions.
At least three persons in every school building in the
District shall be qualified to administer first aid and CPR.
8670 Administration
of Medications 8670
Whenever possible, parents/guardians at home should
administer medications for students. As
a service to the family, the Superintendent shall establish procedures for the
administration of medication by school personnel in circumstances where such
administration is deemed necessary for the student’s well being by the
student’s parent/guardian or authorized health care provider.
School personnel shall at all times act within the
limits of their training or professional medical license, and shall not
diagnose, prescribe, or provide medication unless licensed to do so and with
the proper written consent of the Superintendent.
Student Self-Medication
With the exception of transdural medication “patches”
applied at home, elementary school students may not possess or self-administer
any medications on school premises.
Under certain conditions, special arrangements may be made by the
building administrator at the written request of an authorized health care
provider and by the student’s parent/guardian.
Subject to the approval of school administration,
reliable middle and secondary school students may possess and self-administer
prescription medications provided that prior written permission is provided to
the school by the student’s parent/guardian and by the student’s authorized
health care provider.
Subject to the approval of school administration,
reliable secondary school students may possess and self-administer
non-prescription medications provided that prior written permission is provided
to the school by the student’s parent/guardian consistent with an authorized
health care provider’s medical advice.
8670 Administration
of Medications 8670-2
Teachers and other school personnel may assist any
student showing signs of distress in the self-administration of their
medication. Under such circumstances,
school administration shall be notified immediately.
At no time shall a student provide his/her prescription
or non-prescription medication to another student. Students who violate this policy may be
subject to discipline, and may be denied permission to possess medication on
school premises.
The Director of Health Services shall establish rules
and procedures for implementing this policy.
Lifesaving Medication
The Director of Health Services shall work with the
Genesee County Health Department, and county medical control or other
authorized health care provider to investigate and establish standing orders,
protocol and training for the provision and administration of epinepherine or
other lifesaving medication by school personnel, in accord with the
recommendations of the American Academy of Pediatrics and other professional
medical associations.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1178;
AG Opinion #6476, #5679
8670-R Administration
of Medications 8670-R
School Administration of Medications – Prescription
Prescription medications shall not be stored or
dispensed by District personnel without written permission and instructions
from both:
a. The
parent/guardian, who shall request and authorize District personnel to give
medication in the dosage prescribed by the authorized health care provider and
to contact the authorized health care provider directly.
b. The authorized
health care provider, who shall provide instructions to school personnel
regarding the administration of medication, and who shall identify any specific
conditions or reactions to the medication which may require contacting the
authorized health care provider or other professional medical personnel. Instructions from the authorized health care
provider must include the length of time (not to exceed the current school
year) that medications are to be administered.
New parent/guardian and authorized health care provider
written instructions and permission must accompany any change in medication,
dosage, or time of administration.
Prescription medication to be given at school must be
delivered in a container with a pharmacist’s printed label specifying:
a. The child’s full
name,
b. The name of the
medication, the dosage, and the route of administration,
c. The time of day
medication should be administered, and
d. The name of the
authorized health care provider.
Only limited quantities of a prescription medication may
be kept at school, and the parent/guardian shall be solely responsible for any
and all prescription refills. All
prescription medication shall be kept in locked storage or other safe place.
The principal of each building shall designate the
school personnel who may administer medication to students. School personnel authorized to administer
8670-R Administration
of Medications 8670-R-2
prescription
medication shall be given appropriate instruction in the administration of
medications. Except in the case of an
emergency that threatens the life or well being of
the student, all administration
of medication shall be conducted in the presence of two or more adults.
No school personnel shall be required to administer any
medication by any means other than oral, topical, inhaled medication,
ointments, eye and ear medication, and the automatic pen (Epi-pen).
After medication is administered, students should be
observed for possible reactions to the medication. This observation may occur at the site of
administration or in the classroom as part of the normal routine.
School personnel designated to administer medications
shall maintain an accurate and confidential system of record keeping, including
the following:
a. The full name of
the student
b. The authorized
health care provider’s instructions for administration
c. A log of the
time, dosage, administering adult, second adult present for each
administration, and the signature of the administering adult for each
administration, and
d. Any noted effects
of or reaction to the medication.
School personnel must take care to ensure that each
student is provided the proper medication in the proper dosage, and shall log
each administration immediately. In the
event of a mistake in administration or dosage, the authorized health care
provider and parent/guardian shall be contacted. It is recommended that the authorized health
care provider be contacted first so that the parent/guardian may be told and
reassured that the authorized health care provider indicated no harm was
done. The school staff member shall write
up the error on a District incident/accident report form.
8670-R Administration
of Medications 8670-R-3
School personnel, appropriately trained, shall
periodically review medication instructions on file and inventory medications
being stored by the school. Medications
must be claimed by parents/guardians at the end of the school year or be
discarded.
The building Principal may refuse to administer or may
choose to discontinue the extra service of administering medication under
certain conditions as approved by the Director of Pupil Personnel Services or
designee, appropriate notice is given to the parent/guardian.
School Administration of Medications –
Non-prescription
The procedures for administering non-prescription
medications to students by the District shall be identical to those for prescription
medications, including written instructions by the authorized health care
provider and parent/guardian written consent.
Student Self-Administration of Medications
Upon the written request of a parent/guardian and with
the approval of the school administration, students may carry small quantities
of medication for self-administration.
Approval of the school administration may be withheld whenever the
Principal feels that the student is not sufficiently mature and reliable to
undertake self-administration without supervision. The school administration will grant
elementary, middle, and high school students self-administration privilege on
the request of an authorized health care provider and parent/guardian written
consent.
All necessary written permission forms detailed above
for school administration of medications must be obtained and filed by the
school prior to possession, storage, or self-administration by a student.
Assisting a Student in Distress
Any District staff member may assist a student in
distress in self-administration of a medication (ex. Epi-pen injection, asthma
inhaler, etc.). For the purpose of this
policy, distress refers to any obvious and serious discomfort or
8670-R Administration
of Medications 8670-R-4
threatening condition. The staff member should first confirm that
the medication and dosage are proper for the student as conditions allow.
As soon as possible, the staff member shall notify the
school administration, designated school medical response person, and/or the
local emergency medical system. The
staff member shall also complete a District incident/accident report form
following the incident.
Diagnosis and Prescription of Medications
(At present, Michigan only allows licensed physicians to
diagnose and prescribe medications, though the legislature is being asked to
consider granting limited prescription authority to nurse practitioners. MASB does not recommend allowing medical
professionals employed by the school to issue prescriptions or medications
without a careful examination of liability issues by the school attorney).
8710 Student Use of
Buildings – Equal Access 8710
Non-curriculum
related student groups may meet on school premises during non-instructional
time if approved by the building principal.
If the meeting
is student-initiated and not part of a school sponsored activity, it must be
conducted according to the following guidelines:
1.
Attendance is voluntary;
2.
The school will not participate in or sponsor
it;
3.
School employees can be present at religious
meetings of students only
in a non-participatory capacity;
4.
It cannot materially and substantially interfere
with the orderly conduct of educational activities within the school;
5.
Non-school persons may not direct, conduct,
control, or regularly attend.
6.
The school maintains its authority to maintain
order and discipline.
The
Superintendent shall develop administrative procedures that will implement this
policy.
Approved: July 11, 2001
Reviewed:
LEGAL REF: Student Equal
Access Act, 20 U.S.C. § 4071,1984
8710-R Student Use of Buildings – Equal Access 8710-R
Application for use of school premises by
non-curriculum related, student-initiated groups, must be made at least one
week in advance to the building Principal, stating fully:
1.
The purpose for which the premises are to be
used;
2.
The character of the program or activities;
3.
The materials to be brought into or near the
building;
4.
The arrangement of the furniture in the rooms,
including decorations;
5.
In addition, any other information the building
Principal might require.
In scheduling the use of school premises,
activities associated with the District educational program have priority over
the activities of any other organization; otherwise, school premises will be
available on a first-come, first-served basis.
8730 Student
Publications 8730
School-sponsored publications are part of the curriculum
and are not a public forum for general student use.
Student publications that are not libelous, disruptive,
or obscene (obscene as defined by local community standards and lacking
sufficient, redeeming social value) may be distributed on school property
during school hours in areas designated by the building principal. Distribution that substantially interferes
with the normal flow of traffic within the school corridors and entry ways,
that is coercive of any other person’s right to accept or reject any
publication, or that causes substantial and material interference with “normal
school activities” shall not be permitted.
Approved: July 11, 2001
Reviewed:
8730-R Student
Publications 8730-R
Any student who desires to distribute a student
publication shall submit the student publication to the building principal for
review and approval before distribution.
At the time of submission, the student has the right and
is encouraged to meet personally with the principal so that the student and the
principal may freely exchange views on why the distribution of the student
publication is or is not appropriate.
The student or his/her representative may support the case for distribution
with relevant witnesses and materials.
In determining whether a student publication is
disruptive, school personnel should consider the context of the distribution as
well as the content of the material. In
this regard, consideration should be given to past experience with similar
material, to past experience in dealing with and supervising students, to
current events influencing student attitudes and behavior and to any instances
of actual or threatened physical disruption before or contemporaneously with
the submission of the student publication in question.
The principal shall render his/her decision to approve
or disapprove the distribution of the student publication and notify the
student within one school day of its submission. If approval to distribute is not granted, the
principal shall state his/her reason to the student in writing.
If the student is dissatisfied with the decision of the
principal, the student may appeal this decision. The appeal from the principal’s decision may
be taken by notifying the Superintendent, either orally or in writing, within
two school days of the principal’s decision, of the student’s desire to appeal
and the desire for a hearing before the Superintendent.
A hearing date must be established within three school
days after receipt of the notice of appeal has been filed with the
Superintendent, and the Superintendent shall render a decision, stating reasons
in writing, within three school days of conclusion of the hearing.
8730-R Student
Publications 8730-R-2
If the student is dissatisfied with the decision of the
Superintendent, the student may appeal this decision. The appeal from the Superintendent’s decision
may be taken by notifying the Secretary of the Board, either orally or in
writing, within two school days of the student’s desire to appeal and the
desire for a hearing before the Board.
A hearing date must be established within ten days after
receipt of the notice of appeal has been filed with the secretary of the Board,
and the Board shall render its decision in writing within three school days of
the hearing.
At every level of the appeal process as outlined above,
the student or his/her representative shall have the right to appear and
present his/her case supported by relevant witnesses and materials as to why
distribution of the student publication is appropriate.
In exercising the right of prior review, school
personnel shall be guided by the following guarantees and definitions. The First Amendment to the Constitution of
the United States protects students in their exercise of freedom of expression. It is the responsibility of the school and
its staff, while establishing the kind of environment that is necessary for an
orderly program of classroom learning, to ensure that the right of students to
express themselves freely shall not be infringed upon at the same time. Distribution of student publications shall
not be prohibited because they contain the expression of unpopular, critical,
controversial, tasteless or offensive ideas.
Distribution of the student publication during the
period of initial review by the principal, after a negative decision of the
principal or during the period of appeal shall be sufficient grounds for
suspension of the student by the principal in accordance with the procedures
set forth in law.
8730-R Student
Publications 8730-R-3
In order for a student publication to be considered
disruptive, there must exist specific articulable facts upon which it would be
reasonable to forecast that a clear and present likelihood of an immediate,
substantial and material disruption to normal school activity or school
discipline would occur if the material were distributed. Mere undifferentiated fear or apprehension of
disturbance is not enough; school personnel must
be able to affirmatively show
substantial facts which reasonably support a forecast of likely
disruption. Such disruption would
include, for example, student rioting, unlawful seizures of property,
destruction of property, threats or acts of violence, widespread shouting or
boisterous conduct, or substantial participation in a school boycott, sit-in,
stand-in, walk-out or other related forms of activity. On the other hand, material that stimulates
heated discussion or debate does not constitute the type of disruption prohibited
herein.
Ads
Ads concerning drug paraphernalia or any controlled
substances are prohibited in school-sponsored publications.
Definitions of Terms Used in Discussing Student
Publications
“School day” means any day during the regular school
year or summer session on which regularly scheduled classroom instruction takes
place and excludes Saturdays, Sundays and official school holidays.
“Publication” means any book, magazine, pamphlet,
newspaper, yearbook, picture, photograph, drawing or any other written or
printed matter or visual representation of a faculty sponsor.
“School publication” means any publication, as defined
herein, which is composed, compiled, published, or distributed under the
official supervision of a faculty sponsor.
“Student publication” means any publication as defined
herein which is composed, compiled, published or distributed by students
without school sponsorship.
8730-R Student
Publications 8730-R-4
“Distribution” means circulation or dissemination of the
student publication to students at the time and place of normal school activity
or immediately prior to subsequent thereto by means of handing out free copies,
selling or offering copies for sale, accepting donations for copies of the
publication or displaying the material in areas of the school building or
property which are generally frequented by students.
“Normal school activity” means organized educational
activity of students under the direct supervision of a member of the school
staff which includes classroom work, library activities, physical education
classes, official assemblies and other similar gatherings, school athletic
contests, band concerts, school plays and scheduled-in-school lunch periods.
“Minor” means any person under the age of 18 years.
“Obscene as to minor” means that an average person,
applying contemporary community standards would find that the publication,
taken as a whole, appeals to the prurient interest and has no redeeming social
value; that the publication depicts or describes, in a patently offensive way,
sexual conduct specified in applicable law; and that the work taken as a whole
lacks serious literary, artistic, educational, political or scientific value.
“Libel” is the false and unprivileged (unprotected by
immunity) publication in writing or the printing of pictures, effigies or other
fixed representations to the eye exposing a person to public hatred, contempt,
ridicule or obloquy causing him/her to be shunned or avoided or which has a
tendency to injure him/her in his/her occupation.
When the publication concerns “public officials,” i.e.,
those who hold government office or “public figures,” i.e. those who, by reason
of the notoriety of their achievements or employment or by reason of the vigor
and success with which they seek the public’s attention, the defamatory
falsehood must be made with actual malice in order to be libelous, i.e., with
knowledge that it was false or with reckless disregard of whether or not it was
false. “Public figures” also include
administrators, teachers, and coaches.
8750 Public
Performances and Contests 8750
Instructors shall be encouraged
to release individual students for such public appearances and performances
that may contribute to the student's educational processes and objectives and
will not interfere with other scheduled activities or classes.
Scheduled appearances and
performances should assist with the activities of the Flint community through
both patriotic and civic groups, and also be consistent with the goals of the
Flint Community Schools.
The appropriate building
administrator shall approve all such appearances and performances.
Contests
The District supports the
participation of students in those contests that are currently placed on the
approved list that is published annually by the Committee on National Contests
and Activities of the National Association of Secondary School Principals.
The District does not endorse the
participation of school students in any contests that may endanger the
accreditation of the schools of the District by the North Central Association
of Schools and Colleges.
The above types of contests and
all other contests shall have prior administrative approval for participation.
Approved: July 11,
2001
Reviewed:
8860 Homebound
Instruction 8860
Physically challenged students, including those temporarily disabled by
illness, operation or accident authenticated by a physician’s order, will be
eligible for homebound instruction; however, all programs will meet the
criterion of the least restrictive environment.
Students who are temporarily challenged
or physically restricted are encouraged
to attend school if able. If the student
is unable to attend school and is ineligible for homebound instruction, it
shall be the responsibility of the student or parents/guardians to secure lesson
assignments from each of the student’s teachers in order to keep abreast of the
student’s schoolwork.
Approved: July 11, 2001
Reviewed:
8860-R Homebound
Instruction 8860-R
Students who are injured and have difficulty walking or
climbing stairs on a temporary basis may secure permission from the building
Principal to be late to class.
Each such permit will expire Friday at 4 p.m. of each
week and must be renewed at the beginning of school each Monday morning.
Students with injuries that would prohibit normal
participation in physical education must present a physician’s statement
prohibiting such activity to the building Principal at the time the student
re-enters school after sustaining his/her injury.
Staff members who have contact with students who are
permanently physically
challenged may
consult the student’s cumulative records so that they will be able to focus on
such student’s strengths as well as weaknesses.
(Cf. 8940)
8890 Pregnant
Students 8890
The District advocates the right to continued public
education for all pregnant students.
A pregnant student has the right to continued schooling
in regular school classes. In the event an individual pregnant student
desires to withdraw from school during pregnancy, the District alone or in
conjunction with other community institutions will furnish her with such
assistance as is possible to enable her to return to school on a full-time
basis.
The rights of a pregnant student do not eliminate her
responsibility for meeting the rules and standards of behavior established by
the Board and do not exempt her from disciplinary measures imposed for breaking
such rules.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1301;
R 340.1121-1124; 388.1493
8890-R Pregnant
Students 8890-R
Each pregnant student’s case shall be handled on an
individual basis by the school’s staff in relation to full participation in
school activities.
Pregnant students shall be allowed to participate in all
phases of the school program unless their physician advises to the contrary or
unless their behavior results in material and substantial disruption of the
school program. If a student fails to
produce a physician’s statement covering participation in school activities,
the administration may deny such participation in the best interests of the
student.
In the event a pregnant student’s child is born during
the school year, the student will be re-admitted to regular classes and
activities upon written consent of her physician.
8920 Admission of
Exchange Students 8920
The District believes
there are benefits to students, schools, and to the community in general when
foreign exchange students are allowed to attend the public schools. Therefore, it is the policy of the District
that foreign exchange students be permitted, under certain conditions, to
enroll in the school system.
Guidelines
1.
A foreign exchange student is defined as a
student from a foreign country in the United States under the sponsorship of an
exchange organization. Approval will be
made only for those students who are sponsored by exchange organizations that
have Teenager Exchange Visitor Programs designation as listed by the United
States Information Agency and/or the Council on Standards for International
Educational Travel. The organization
must have a local sponsor.
2.
The District will follow the regulations for
exchange programs as defined by the United States Information Agency and/or the
Council on Standards for International Educational Travel.
3.
Any exchange student program wishing to place
students in the District must submit an application and gain approval before
the placement of any student(s).
4.
The exchange student will be expected to comply
with all rules, procedures, policies, and fees required of regular residents.
5.
The District reserves the right to deny
admittance to any exchange student or exchange student program.
Only those foreign exchange students
who complete all of the District’s requirements will be entitled to a high
school diploma and be eligible to participate in the graduation ceremony.
Approved: July 11, 2001
Reviewed:
LEGAL REF: AG Opinion
#6316
8940 Student Records 8940
The educational interests of students require the
collection, retention, and use of information about individual students and
groups of students. At the same time,
the student’s right of privacy mandates careful custodianship and limitations
on access to student records.
Student records shall be available only to students and
their parents/guardians, adult students, and designated school officials and
personnel, not including Board members, who have a legitimate educational
interest in the information. In
situations in which a student has both a custodial and non-custodial
parent/guardian, both shall have access to the student’s educational records
unless stipulated otherwise by court order.
“Legitimate educational interest” shall be defined as a
“direct or delegated responsibility for helping the student achieve one or more
of the educational goals of the District” including, but not limited to those
officials with legitimate educational interests as defined in District
administrative guidelines.
Directory Information
The information contained in school student records
shall be kept current, accurate, clear, and relevant. All student records, including those maintained
in District electronic database(s), shall be safeguarded during collection,
maintenance, and dissemination so as to protect against unauthorized access or
accidental release. The District may
release directory information in accord with law, provided parent(s) or
guardian(s) are given the opportunity to object to the release of this
information.
8940 Student Records 8940-2
The District shall inform students and their parent(s)
or guardian(s) annually and upon initial enrollment of their rights under law
and District policy with respect to student records, and of the procedures for
exercising those rights.
The Superintendent shall develop rules and procedures
for implementing this policy and state and federal law with respect to student
records. The Superintendent shall
designate one or more records custodian(s) for each site and/or media in which
student records are kept, and shall provide them with appropriate
training. The District may charge an
appropriate fee to cover the expense of providing copies of records requested
by a parent or guardian.
The District shall protect the rights of privacy of
students and their families in connection with any surveys or data-gathering
activities conducted, assisted, or authorized by the Board or administration. Regulations established under this policy
shall include provisions controlling the use, dissemination, and protection of
such data.
For the purposes of these rules, whenever a student has
attained 18 years of age, or is attending an institution of post-secondary
education, the consent required of and the rights accorded to the parents or
guardians of the student shall only be required of and accorded to the student.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 15.231 et seq.; 600.2165; Family Educational
Rights and Privacy Act (20 USC Sec. 1232g); 34 CFR Part 99; MCL 380.1134-1135
8940-R Student
Records 8940-R
Custodians
Each building principal shall designate one or more
full-time staff members as student records custodian(s) for the school. The system or database administrator at each
site is designated custodian for all student records maintained in an
electronic database or other computer media.
The Superintendent shall designate one or more full-time staff members
as custodian for any student record information maintained at the District’s
central office.
Each custodian shall be trained in their duties by their
immediate supervisor, and shall become familiar with law, District policy, and
these rules with respect to student records.
The custodian(s) should work closely with other staff members to ensure
that all data maintained in student records is current, accurate, clear, and
relevant.
Record Types
Student record files shall include, but shall not be
limited to, the following: permanent,
supplemental, and tentative record files.
Permanent records. This classification includes official
administrative records that constitute data necessary for operating the
educational system that is of long-term value or importance. It includes basic identifying information,
academic transcripts, attendance records, accident and health reports,
withdrawal and re-entry records, honors and activities, date of graduation,
follow-up records, information pertaining to release of records, and other
information deemed to be of permanent value by the District.
Supplementary records. This classification includes verified
information that is important in operating the educational system but is of a
more sensitive nature and of less historical importance. It includes:
test scores on standardized achievement, aptitude
8940-R Student
Records 8940-R-2
and intelligence tests;
observational data gathered from teachers; counselor evaluation and
observations of social and personal assets; psychological reports; disciplinary
information; special education files; health data; family background
information; educational and vocational plans; and other information determined
by the administration to be appropriate for this category.
Tentative records. This classification includes useful
information that has not been verified or is not clearly needed beyond the
immediate present. It includes
unevaluated reports of teachers or counselors that may be needed in ongoing
counseling or disciplinary actions and student electronic mail.
Storage
The custodian is responsible for ensuring that the
records under his/her care are stored in such a fashion as to protect them from
harm and unauthorized alteration or access.
Physical records should generally be kept in a storage area that is well
supervised and lockable; electronic records should be protected by regular back
up and password or encryption security of good integrity.
Directory Information
The custodian of records may make certain directory
information available without parental/guardian or eligible student’s consent
if public notice of the categories of information designated as directory
information has been given. After such
public notice has been given, the parents/guardians have the right to object to
the release of the information within a specified reasonable time period. Directory information includes the following
information about the student: the student’s name, address, telephone number,
picture, parent or guardian name(s), addresses, and phone numbers, date and
place of birth; major field of study; participation in recognized activities
and sports and related information; dates of attendance or grade placement;
honors and awards received; the most recent educational agency or school
attended by the student; and other information
8940-R Student
Records 8940-R-3
that would not generally be
considered harmful or an invasion of privacy if disclosed and that is specified
in the public notice.
Data Gathering
Only the school principal with respect to an individual
school, and the Superintendent or Board with respect to the District, may
authorize the collection of survey or other data pertaining to students or
their families. The administrator shall
confirm that the data collection will be in accord with law and Board policy prior
to authorizing it. At the time of
authorization, the administrator is to see to it that safeguards are in place
to ensure the confidentiality and security of the information gathered,
including appropriate training of the persons who will be collecting or
handling the data.
Missing Student
When law enforcement officials have notified the
District that a student has been reported missing, the building Principal shall
tag this in an obvious way on that student’s records. The tag shall remain until notified by law
enforcement that the tag should be canceled, or until the student’s eighteenth
birthday. If a request had been received for a tagged
student’s records, the custodian shall not comply with the request but shall
immediately notify the law enforcement agency.
Inspection and Copying of Records
Each school shall establish appropriate procedures for
the granting of a request by a parent/guardian for access to their child’s
records within a reasonable period of time, but in no case more than 45 school
days after the request has been made. Where such records or data include
information on more than one student, the parent/guardian of any student shall
be entitled to receive, or to be informed of, that part of such record as
pertains to their child.
8940-R Student
Records 8940-R-4
A school official competent in interpreting student
records shall be present to explain the meaning and implications of the records
that are examined.
In situations where the parents/guardians of a student
are divorced or separated, each parent/guardian, custodial and/or
non-custodial, has equal rights to their student’s records unless a court order
specifies otherwise. The District’s
personnel shall not recognize private agreements between the student’s
parents/guardians.
Copies of student record(s) will be made for a
parent/guardian upon request. Copying
fees shall be charged only when multiple copies are requested in a limited time
period, and shall be assessed according to the procedures established for FOIA
requests.
Requesting Amendments
Parents/guardians may ask the District to amend a record
that they believe is inaccurate, misleading, or in violation of a student’s
right to privacy by writing the school principal or records custodian,
identifying the part of the record they want changed, and specifying the
reason(s) for the request. The competent
school or District administrator shall make a determination on the request in a
timely fashion and shall reply in writing to the parents/guardians detailing
the actions taken. If the decision is to
deny the request, the parents/guardians shall be provided with the information
and procedures to request a hearing regarding their request for amendment.
When a hearing has been requested by parents/guardians
for the purpose of challenging the content of the student’s education record,
the procedure to be followed in the hearing shall include the following:
·
The hearing shall be conducted and the decision
rendered by a person who does not have a direct interest in the hearing outcome;
·
The parent/guardian of the student shall be
given notice of the date, place and time of the hearing within a reasonable
time in advance of the hearing;
·
The parent/guardian may be assisted or
represented by individuals of his/her choice at his/her own expense, including
an attorney;
8940-R Student
Records 8940-R-5
·
The parent/guardian shall be afforded a full and
fair opportunity to present relevant evidence;
·
The decision shall be rendered in writing within
a reasonable time after the hearing concludes; and
·
The decision of the school shall be based solely
upon the evidence presented at the hearing and include a summary of the
evidence and the reasons for the decision.
If the decision of the school following the hearing is
to deny the request, the parent/guardian shall be afforded an opportunity to
place a statement in the record commenting on the contested information or
disagreement with the school. This
statement shall be attached to the record in question and copied or disclosed
along with the record for as long as the record is maintained.
Disclosure Without Consent
The custodian of records may disclose information
contained in those records without the consent of the student’s parent/guardian
to the following persons, on the condition that they agree not to disclose the
information to any other party without the written consent of the
parent/guardian:
·
Other school officials, including teachers
within the District who have legitimate educational interests;
·
Officials of other schools or school systems in which
the student intends to enroll; [Note:
this requires parental/guardian notification in each instance unless stated as
a practice in the annual notification to parents/guardians of their rights]
·
The Comptroller General of the United States,
the Secretary of Education, or state and local educational authorities;
·
Authorized persons to whom a student has applied
for or from whom a student has received financial aid;
·
Organizations conducting studies for or on
behalf of educational agencies or institutions;
8940-R Student
Records 8940-R-6
·
Accrediting organizations;
·
In compliance with a judicial order or subpoena,
provided the custodian makes a reasonable effort to notify the
parent(s)/guardian(s) before complying so that they may seek protective
action. Notification will not be made to
the parent(s)/guardian(s), however, if the court or agency issuing the subpoena
orders that the subpoena not be disclosed; and
·
Appropriate persons if knowledge of the
information is necessary to protect the health or safety of the student or
other persons in an emergency. The custodian of the records shall take the
following factors into consideration in deciding whether the information should
be released: the seriousness of the
emergency; whether the information is needed to meet the emergency; whether the
persons to whom the information will be released are in a position to deal with
the emergency; and whether time is of the essence in dealing with the
emergency.
Except for local school officials, all persons,
agencies, or organizations requesting or accessing the records of a student
shall be recorded on a form (including electronic forms) kept permanently along
with the student’s records if the request or access involved any information
that personally identified the student, except for subpoenas that prohibit
disclosure. The form must identify the
requesting party, the legitimate interest the party had in making the request,
the information released or made accessible, the date the request and/or
release was made, and the name of the custodian who handled the request.
Statistical data from student records may be disclosed
without consent of the parent(s)/guardian(s) for research, statistical summary,
or planning purposes provided that the information released cannot be used to
identify an individual student. The
custodian shall exercise care in this regard, as statistically small
populations within the District may be identifiable through seemingly innocuous
data (Ex. Race and gender of a
8940-R Student
Records 8940-R-7
student may be sufficient to
identify an individual in a District with a low minority population).
Disclosure With Written Consent
The custodian may disclose information in a student’s
records or provide access to the records following written instructions signed
and dated by the parent/guardian of the student specifying the records, the
reasons, and the person(s) to whom the release is to be made. A copy of the parent/guardian’s instructions
shall be kept along with the record.
Whenever the District requests the consent to release
certain records, the custodian shall inform the parent(s)/guardian(s) of the
right to limit such consent to specific portions of information in the records.
Disposition of Records
The school shall maintain permanent records for an
indefinite period of time. When the
student graduates, supplementary records shall be destroyed or shall be
transferred to the permanent record if they have permanent usefulness. Tentative records shall be destroyed when the
use for which they were collected is ended.
However, tentative records may be placed in the supplementary
classification if the continuing usefulness of the information is demonstrated
and its validity verified.
To eliminate unnecessary or outdated information, the
official custodian shall review a student’s records when the student moves from
elementary to a middle school or junior high, from a middle school or junior
high-to-high school and upon high school graduation.
Custodial Discretion in Exceptional Circumstances
If the custodian of student records has special
information that would indicate granting or denying access to student records
in accordance with these rules would be harmful to the student, he/she may
exercise discretion in granting or denying access in a manner other than
provided herein.
8940-R Student
Records 8940-R-8
Notification
Each school within the District shall disseminate to
each student and family at least annually the following statement of
rights. Parents/guardians who are
non-native speakers of English shall be provided a translation or otherwise
contacted to inform them of these rights.
Disposition
Annual notice shall be given to parents/guardians and
eligible students concerning the student’s records. In addition, the custodian of the educational
records shall give annual public notice of the class of records the institution
has designated as directory information.
The appropriate forms for said notices are on file in the office of the
custodian of the educational records.
8940-R Student
Records 8940-R-9
STUDENT AND FAMILY RIGHTS CONCERNING SCHOOL RECORDS
The Family Educational Rights
and Privacy Act (FERPA) affords parents/guardians and students over 18 years of
age (eligible students”) certain rights with respect to the student’s education
records. They are:
1. The right to
inspect and copy the student’s education records within 45 school days of the
day the District receives a request for access.
Parents/guardians
or students should submit to the school custodian of student records a written
request that identifies the record(s) they wish to inspect. The custodian will make arrangements for
access and notify the parent(s)/guardian(s) or eligible student of the time and
place where the records may be inspected.
2. The right to
request the amendment of the student’s education records that the
parent(s)/guardian(s) or eligible student believes are inaccurate, misleading
or an invasion of privacy.
Parents/guardians
or eligible students may ask the District to amend a record that they believe
is inaccurate, misleading, or an invasion of privacy. They should write the school Principal or
records custodian, clearly identify the part of the record they want changed,
and specify the reason.
The right to
challenge school student records does not apply to: (1) academic grades of
their child, and (2) references to expulsions or out-of-school suspensions, if
the challenge is made at the time the student’s school student records are
forwarded to another school to which the student is transferring.
If the District
decides not to amend the record as requested by the parent(s)/guardian(s) or
eligible student, the District will notify the parent(s)/guardian(s) or
eligible student of the decision and advise him/her of their right to a hearing
regarding the request for amendment.
Additional information regarding the hearing procedures will be provided
to the parent(s)/guardian(s) or eligible student when notified of the right to
a hearing.
8940-R Student
Records 8940-R-10
3. The right to
permit disclosure of personally identifiable information contained in the
student’s education records, except to the extent that FERPA of Michigan law
authorizes disclosure without consent.
Disclosure is
permitted without consent to school officials with legitimate educational or administrative
interests. A school official is a person employed by the
District as an administrator, supervisor, instructor, or support staff member
(including health or medical staff and law enforcement unit personnel); a
person serving on the Board; a person or company with whom the District has
contracted to perform a special task (such as an attorney, auditor, medical
consultant, or therapist); or a parent(s)/guardian(s) or student serving on an
official committee, such as disciplinary or grievance committee, or assisting
another school official in performing his/her tasks.
A school
official has a legitimate educational interest if the official needs to review
an education record in order to fulfill his or her professional responsibility.
Upon request,
the District discloses education records without consent to officials of
another school District in which a student has enrolled or intends to enroll as
well as to person(s) specifically required or allowed by State or federal law.
Disclosure is
also permitted without consent to: any person for research, statistical
reporting or planning, provided that no student or parent(s)/guardian(s) can be
identified; any person named in a court order; and
appropriate persons if the knowledge of such information is necessary to
protect the health or safety of the student or other persons.
4. The right to
prohibit the release of directory information concerning the
parent’s/guardian’s child.
8940-R Student
Records 8940-R-11
Throughout the school
year, the District may release directory information regarding students,
limited to:
·
Name
·
Address, telephone number, picture
·
Gender
·
Grade level
·
Birth date and place
·
Parents’/guardians’ names and addresses
·
Academic awards, degrees and honors
·
Information in relation to school sponsored
activities, organizations and athletics
·
Major field of study
·
Period of attendance in school
Any
parent(s)/guardian(s) or eligible student may prohibit the release of any or
all of the above information by delivering a written objection to the building
Principal within 30 days of the date of this notice. No directory information will be released
within this time period, unless the parent(s)/guardian(s) or eligible student
are specifically informed otherwise.
5. The right to file
a complaint with the U.S. Department of Education concerning alleged failures
by the District to comply with the requirements of FERPA.
The name and
address of the office that administers FERPA is:
Family Policy
Compliance Office
U.S.
Department of Education
400
Maryland Avenue, SW
Washington
DC 30303-4605
8990 Student Fees,
Fines, Charges and Deposits (Cf. 8040) 8990
Fees and Charges
Building principals or designated representatives shall
be authorized to collect fees authorized by the Board.
Fines
No fines shall be imposed upon any student provided,
however, that school property lost, damaged or destroyed by a student shall be
paid for by such student in accordance with rules and regulations prescribed by
the Superintendent.
Approved: July 11, 2001
Reviewed:
8990-R Student
Fees, Fines, Charges and Deposits 8990-R
Fees and Charges
At the time of enrollment of classes at the beginning of
each school year, the Superintendent will distribute a fee schedule approved by
the Board to all building principals and other school personnel designated by
him/her as being authorized to charge and collect certain fees. Such fee schedule shall include:
·
A detailed list of all items for which a charge
is to be collected;
·
The amount of such charges;
·
The date due;
·
Classifications of students exempt from the fee
or charge;
·
A system for accounting for and disposing of
such fees; and
·
An appeal procedure to be used by students or
parents/guardians to claim exemption from paying the fees or charges.
Fines
Building principals shall attempt to collect the
justifiable value of school property lost, damaged, or destroyed by a
student. If, after the attempt to
collect, such amount remains unpaid, the Principal shall report the matter to
the Superintendent who shall consult with the Board's attorney, and they shall
jointly recommend a course of action to the Board.
Other Guidelines
1. The District may
not make charges for any required or elective courses, such as:
a. General
registration fees
b. Course fees,
materials
c. Textbook and
school supplies
2. District may
charge fees for extracurricular activities when students are not graded or
evaluated and academic credit is not given or for any activity in which
participation is not required for obtaining a diploma. Provision should be made on a reasonable
basis so that students without financial means are not excluded.
8990-R Student
Fees, Fines, Charges and Deposits 8990-R-2
3. District may
charge for damages or loss or school property when such property has been
provided to students without charge.
4. District may
require students to place a deposit to cover damage to textbooks,
non-consumable materials and supplies provided free by the District, for those
economically able to pay as determined by school authorities, after consulting
with the parent/guardian. These deposits
must be reasonable and refundable.
5. Officials may
determine the quality and quantity of school supplies such as textbooks, paper,
and pencils that are needed for student sue.
Likewise, students may voluntarily bring their own school supplies for
any curricular subject.
6. District may
require a person to pay for adult education courses offered by the schools,
provided that the adult is not earning credit towards a high school diploma and
is not counted in membership for state aid purposes.
7. District may
charge for summer school except where such activities are a part of a regularly
scheduled year-round program.
8. District may
require fees for clothing and food that are offered during the regular school
program.
“Disabled,” as used in
this policy, excludes persons:
·
currently
using illegal drugs;
·
having
a contagious disease or infection and who, by reason of such disease or
infection, would constitute a direct threat to the health or safety of other
individuals or who, by reason of the currently contagious disease or infection,
are unable to perform the duties of the job;
·
whose
current alcohol or drug use prevents them from performing the job’s duties or
constitutes a direct threat to the property or safety of others.