SECTION JF-JP: STUDENT

JF
JFA
JFA-R
JFB
JFBA*
JFC
JFCA
JFCB
JFCC
JFCC-R
JFCD*
JFCE*
JFCEA
JFCF
JFCF-R
JFCH-R/JFCI-R
JFCG
JFCH
JFCI
JFCIA*
JFCIAA*
JFCJ
JFCK
JFCL
JFD*
JFE
JFF*
JFG
JFG-R
JFH*
JFI*

JG
JGA
JGB
JGC*
JGD
JGDA
JGE
JGF*

JH*
JHA*
JHB*
JHC
JHCA
JHCB
JHCC
JHCCA

JHCD
JHCD-R
JHCD-1-E
JHD*
JHDA*
JHE*
JHEA*
JHF
JHFA*
JHFB*
JHFC*
JHFD*
JHG
JHG-R
JHG-E
JHH

JI*

JJ*

JK

JL

JM

JN
JN-E


JO
JO-R
JO-E
JOB

JP

Student Rights and Responsibilities

        Student Due Process Rights
        Student Due Process Rights
        Student Involvement in Decision Making (Also ABC)
                Student Government
        Student Conduct
                Student Dress Code
                Care of School Property by Students
                Student Conduct on School Buses (Also EEACC)
                Student Conduct on School Buses (Also EEACC-R)
                Underground Student Publications
                Secret Societies
                           Gangs
                Hazing and Bullying
                Alcohol Use By Students/Student Drug Abuse
                Tobacco Use by Students
                Alcohol Use by Students
                Student Drug Abuse
                Prevention of Chemical Abuse
                Impatient Treatment
                Weapons in the Schools
                Use of Electronic Communications Equipment by Students
                Unsafe Schools (Persistently Dangerous Schools)
         Students of Legal Age
         Pregnant Students
         Married Students
        
Interrogations and Searches
         Interrogations and Searches
         Student Complaints and Grievances
         Student Demonstrations and Strikes

Student Discipline
         Corporal Punishment
         Detention of Students
         Probation of Students
         Student Suspension
                 Emergency Removal of Student
         Student Expulsion
         Discipline of Disabled Students

Student Welfare
        Student Insurance Program
        Student Aid Programs
        Student Health Services and Requirements
                Student Health Records
                 Inoculation of Students
                 Communicable Diseases
                          HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune
                          Deficiency Syndrome) (Also GBEA)
                 Administering Medicines To Students
                 Administering Medicines To Students
                 Physician Permission For Administration of Medication To Students
        Student Psychological Services
                 Psychological Testing of Students
        Student Social Services
                 Home Visits
        Student Safety
                 Supervision of Students
                 Student Safety Patrols
                 Student Bicycle Use
                 Student Automobile Use
         Reporting Child Abuse
         Reporting Child Abuse
         Confidential Report of Suspected Child Abuse and Neglect
         Notification About Sex Offenders


Student Awards and Scholarships

Student Volunteers for School and Public Service

Employment of Students

Student Gifts and Solicitations

Staff-Student Relations (Also GBH)

Student Fees, Fines and Charges
Application For Waiver of Student Instructional Materials Fees

Student Records
Student Records
Denial of Permission to Release Directory Information Without Prior Written Consent
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

Positive Behavioral Intervention and Supports (Restraint and Seclusion)

 * These topics are not currently covered by Board policy.

 

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File:  JF

STUDENT RIGHTS AND RESPONSIBILITIES

Students, like all citizens, have civil rights guaranteed by the Constitution of the United States.  The First Amendment, which ensures the freedom of religion, speech, press, assembly and petition, and the Fourteenth Amendment, which guarantees due process and equal protection, apply in school environments.

The rights of an individual are preserved only by the protection and preservation of the rights of others.  A student is responsible for the way rights are exercised and must accept the consequences of actions and recognize the boundaries of rights.  Each exercise of an individual’s rights must demonstrate respect for the rights of others.

These statements set forth the rights of students and the responsibilities which are inseparable from these rights, which include the right to:

    1.    equal educational opportunity and freedom from discrimination and the
           responsibility not to discriminate against others;

    2.    attend free public schools; the responsibility to attend school regularly and to
           observe school rules essential for permitting others to learn at school;

    3.    due process of law with respect to suspension and expulsion;

    4.    free inquiry and expression and the responsibility to observe rules regarding
           these rights and

    5.    privacy, which includes privacy with respect to the student’s school records.

As part of the educational process, students should be made aware of their legal rights and of the legal authority of the Board to make rules and delegate authority to its staff to make rules necessary for the orderly operation of the schools.

A copy of the school discipline code is posted in each of the schools and given to each student.  This code describes in detail the offenses such as truancy, tardiness, property damage, etc., for which disciplinary action may be taken.  Copies of the code are available to any parent in the principal’s office.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    U.S. Const. Amend. I
                               U.S. Const. Amend. XIV, Section 1
                               ORC    3313.20; 3313.66; 3313.661; 3313.662
    
CROSS REFS.:    ABC, Student Involvement in Decision Making (Also JFB)
                                JFC, Student Conduct
                                Student Handbooks

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File:  JFA

STUDENT DUE PROCESS RIGHTS

The Board and school officials have the legal authority to deal with disruptive students and student misconduct.  Due process, in the context of administrative proceedings carried out by school authorities, does not mean that the procedures used by the courts in juvenile proceedings must be followed.  The Ohio and Federal Rules of Evidence do not apply.

Students have clearly established means by which administrative due process is available for the protection of his/her rights.

Due process procedures are:

    1.    applied equally to all and

    2.    enforced in a manner which involves:

    A.    adequate and timely notice and opportunity to prepare a defense;

    B.    an opportunity to be heard at a reasonable time and in a meaningful manner
            and

    C.    the right to a speedy and impartial hearing on the merits of the case.

In cases of student suspension or expulsion, the specific due process procedures set by the Board’s policy are followed.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    Chapter 2506
                                            3313.66; 3313.661; 3313.662
                               OAC    3301-35-03(G)(2)(c)

CROSS REFS.:    JB, Equal Educational Opportunities
                                JFC, all subcodes
                                JGD, Student Suspension
                                JGE, Student Expulsion

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File:  JFA-R

STUDENT DUE PROCESS RIGHTS

Preparation and Maintenance of Records

    1.    Disciplinary Action - Principals shall maintain written records of all disciplinary
           action for which there were charges and disciplinary action was taken.  These
           records shall be destroyed at the end of each academic year, unless there is
           clear evidence of a misbehavior pattern which needs continued documentation.

Appeal Procedures - Suspension/Expulsion

    1.    Upon receipt of written notice of appeal, the District hearing officer
           (Superintendent or his/her designee) shall schedule a formal hearing to be held:

            A.    within two school days for intended suspension or

            B.    not earlier than three days or later than five days after notice is given for
                    intended expulsion.

    2.    Students will remain out of school during the appeal process.

    3.    All hearings shall be on an informal basis; however, the hearing officer shall
           make all rulings as to whether evidence, oral or written, is admissible and may
           consult with the parties before him/her, before making such rulings.  The
           relevancy and materiality of any evidence and the weight to be given to it shall
           be determined solely by the hearing officer.

    4.    An audio tape recording shall be made of the suspension appeals, expulsion
            hearings and expulsion appeals.

    5.    Suspension appeals, expulsion hearings and expulsion appeals shall be held in
            the Central Administrative Offices (Memorial Building) or Board Meeting Room
            (Neff Building) as designated by the hearing officer.  The student shall be
            present for the hearing.

    6.    The hearing officer shall, within one school day, arrive at a decision and shall
           set forth in writing the findings of fact, conclusion and the nature and duration of
           the suspension or expulsion or lesser form of corrective action or punishment to
           be imposed.

Procedures for Suspension

    1.    Prior to suspension, the principal shall:

            A.    give the student oral notice of the intention to suspend and the reason for
                    the suspension and

            B.    give the student the right, in an informal hearing with the principal, to
                    challenge the reasons for the suspension or to otherwise explain his/her
                    actions.

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File:  JFA-R

    2.    If at the conclusion of the informal hearing, the principal determines that the
           student is to be suspended, he/she shall notify the parent(s)/guardian(s) in
           writing of the intention to suspend the student.  Such suspension notice shall
           include:

            A.    the reason(s) for the suspension;

            B.    the right of the student and parent(s) to appeal the suspension, in writing,
                    to the Superintendent/designee for a formal hearing;

           C.    notice that the request for appeal of the intended suspension must be
                   received in writing by the Superintendent/designee within 72 hours of
                   receipt of suspension notice from the principal;

           D.    notice of the right to be represented at the appeal proceedings and

           E.    notice of the right to request that the hearing be held in closed (executive)
                   session.

    3.    Formal hearing with Superintendent/designee

           The Superintendent/designee shall schedule a formal hearing within two school
           days of written receipt of appeal of intended suspension and shall render a
           written decision within one school day following the conclusion of the hearing,
           which decision shall include notice of the right of the student and parent(s) to an
           appeal of the hearing officer’s decision to the Montgomery County Court of
           Common Pleas within 10 calendar days of receipt of decision.

Procedure for Expulsion

    1.    A student may be expelled from school by the Superintendent upon the
           recommendation of the principal.  Before the principal recommends expulsion,
           however, he/she shall, when possible, hold an informal hearing with the student
           and, following such informal hearing, shall summarize in writing the charges, the
           findings of fact and final recommendations, which shall be forwarded promptly
           to the Superintendent.  Prior to the expulsion, the Superintendent shall, within
           one school day:

             A.    Give the student and parent(s)/guardian(s) written notice of the intention to
                     expel the student and the reason for the intended expulsion.

             B.    Notify the student and parent(s)/guardian(s) of his/her right to be
                     represented in a formal hearing with the Superintendent/designee and to
                    challenge the reasons for the expulsion or otherwise explain his/her action.

             C.    Advise the student and parent(s) of the date, time and place of the
                     hearing, which shall be held not earlier that three days or later than five
                     days after notice is given.

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File:  JFA-R

    2.    Formal hearing and decision of the Superintendent/designee

           A.    The Superintendent/designee shall render a decision to the
                   Superintendent, who will notify the parent(s)/guardian(s) within one school
                   day following the conclusion of the hearing.

            B.    If the student is to be expelled, the notice to the parent(s)shall include:

                    1)    the reason(s) for the expulsion and

                    2)    the right of the student and parent(s)/guardian(s) to appeal the
                           expulsion by the Superintendent/designee to the Board designee
                           within five calendar days of receipt of the Superintendent’s decision. 
                          Appeal requests shall be made in writing to the Treasurer.

(Approval date:  October 21, 2004)

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File:  JFB (Also ABC)

STUDENT INVOLVEMENT IN DECISION MAKING

Students share responsibility for developing a climate in the school which is conducive to learning.  Through participation in the decision-making process, students can be an important resource for the improvement of the school, the educational system and the community.  Periodically, students may be asked to review school policies, rules and regulations.  Final authority for all decisions rests with the Board.

[Adoption date:  October 21, 2004]

LEGAL REF.:    OAC    3301-35-03

CROSS REFS.:    BCE, Board Committees
                                BCF, Advisory Committees to the Board
                                JF, Student Rights and Responsibilities
                                JFA, Student Due Process Rights
                                JFC, Student Conduct
                                Student Handbooks

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File:  JFC

STUDENT CONDUCT

Students are expected to conduct themselves in such a way that they respect and consider the rights of others.  Students of the District must conform with school regulations and accept directions from authorized school personnel.  The Board will not tolerate violent, disruptive, harassing, intimidating or any other inappropriate behavior by its students.

A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is subject to approved student discipline regulations.  The Superintendent/designee develops regulations which establish strategies ranging from prevention to intervention to address student misbehavior.

Students and parents receive, at the beginning of each school year or upon entering during the year, written information on the rules and regulations to which they are subject while in school or participating in any school-related activity or event.  The information includes the types of conduct which are subject to suspension or expulsion from school or other forms of disciplinary action.  The Board directs the administration to make all students aware of the Student Code of Conduct and the fact that any violations of the Student Code of Conduct are punishable.  The rules also apply to any form of student misconduct directed at a District official or employee or the property of a District official or employee, regardless of where the misconduct occurs.

If a student violates this policy or the Student Code of Conduct, school personnel, students or parents should report the student to the appropriate principal.  The administration cooperates in any prosecution pursuant to the criminal laws of the state of Ohio and local ordinances.

A student may be expelled for up to one year if he/she commits an act that inflicts serious physical harm to persons or property if it was committed at school, on other school property or at a school activity, event or program.

The Superintendent is authorized to expel a student from school for a period not to exceed one year for making a bomb threat to a school building, or to any premises at which a school activity is occurring at the time of the threat.  Any expulsion under this provision extends, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

Matters which might lead to a reduction of the expulsion period include:  the student’s mental and/or physical characteristics or conditions, the age of the student and its relevance to the punishment, the prior disciplinary history of the student and/or the intent of the perpetrator.

The Student Code of Conduct is made available to students and parents and is posted in a central location within each building.

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File:  JFC

LEGAL REFS.:    Children’s Internet Protection Act; (P.L. 106-554, HR 4577, 2000,
        114 Stat 2763)
                               ORC    3313.20; 3313.534; 3313.66; 3313.661; 3313.662
                               OAC    3301-35-03

CROSS REFS.:    ABC, Student Involvement in Decision Making (Also JFB)
                                EBC, Emergency Plans
                               JFCA, Student Dress Code
                               JFCEA, Gangs
                               JFCJ, Weapons in the Schools
                               JG, all subcodes
                               Student Handbooks

[Adoption date:  October 21, 2004]
[Revised :  February 17, 2005]

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File:  JFCA

STUDENT DRESS CODE

School dress should not threaten the health, welfare and safety of the members of the student body and enhance a positive image of the students and the District.  Any form of dress or grooming which attracts undue attention, prompting a disruption of the learning environment or violating the previous statement, is unacceptable.  

Requirements include the following.

    1.    Dress and grooming standards require cleanliness in the interest of health,
           sanitary conditions and safety requirements.

    2.    When a student is participating in school activities, his/her dress and grooming
           must not disrupt his/her performance or that of other students or constitute a
           health threat to himself/herself or other students.

    3.    Dress and grooming are not such as to disrupt the teaching/learning process

[Adoption date:  October 21, 2004]

LEGAL REFS.:    U.S. Const. Amend. I
                               ORC    3313.20

CROSS REFS.:    JFC, Student Conduct
                                JFCEA, Gangs
                                Student Handbooks

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File:  JFCB

CARE OF SCHOOL PROPERTY BY STUDENTS

Students are responsible for all lost books and books damaged.  The fine for a lost library book or a textbook is the replacement cost of the book, taking into consideration the book’s age and condition.

[Adoption date:  October 21, 2004]

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File:  JFCC (Also EEACC)

STUDENT CONDUCT ON SCHOOL BUSES

The Board furnishes transportation in compliance with State law.  This fact does not relieve parents of students from the responsibility of supervision until such time as the student boards the bus and after the student leaves the bus at the end of the school day.

Students on a bus are under the authority of, and directly responsible to, the bus driver.  The driver has the authority to enforce the established regulations for bus conduct.  Disorderly conduct or refusal to submit to the authority of the driver is sufficient reason for refusing transportation services or suspending transportation services to any student once proper procedures are followed.

The Board authorizes the Superintendent or other administrators to suspend a student from school bus riding privileges only for a period of up to one school year.  The only due process required is notice to the student of an intended bus riding suspension and an opportunity to appear before the administrator considering the suspension before it happens.  The administrator’s decision is final.

The Board’s policy regarding bus riding privileges must be posted in a central location in each school building and made available to students upon request.

After Board approval, regulations regarding conduct on school buses, as well as general information about the school transportation program, are available to all parents and students.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3327.01; 3327.014
                               OAC    3301-83-08

CROSS REFS.:    JGA, Corporal Punishment
                                Student Handbooks

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File:  JFCC-R (Also EEACC-R)

STUDENT CONDUCT ON SCHOOL BUSES

The following regulations pertain to school bus conduct and are intended to ensure the safety and welfare of the students, the bus driver and other drivers on the road and to ensure the safety and proper maintenance of school buses.

Students will:

    1.    be careful in approaching bus stops walk on the left, toward oncoming traffic; be
           sure the road is clear both ways before crossing the highway;
    2.    be on time for the bus in order to permit the bus to follow the time schedule;
    3.    sit in assigned seats; bus drivers have the right to assign a student to a seat in
           the bus and to expect reasonable conduct in a manner similar to that of a
           teacher in a classroom;
    4.    reach assigned seat in the bus without disturbing or crowding other students;
           remain seated while the bus is moving;
    5.    obey the driver promptly and respectfully; realize that he/she has an important
           responsibility and that it is everyone's duty to help;
    6.    keep the bus clean and sanitary; no chewing gum, candy, pop, or ice cream,
           breakable containers or weapons of any kind are permitted on the bus at any
           time;
    7.    not engage in loud talking, laughing or profane and abusive language. 
           Unnecessary confusion diverts the driver's attention and may result in a serious
           accident.  No talking will be permitted while buses are at railroad grade
           crossings;
    8.    keep head, arm and hands inside the bus at all times.  Windows are intended
           for light and ventilation;
    9.    be courteous to fellow students and to the bus drivers and do not engage in
            verbal abuse;
  10.    treat bus equipment as they would treat valuable furniture in their home. 
           Damage to seats and other parts is unnecessary and always costly and
  11.    remain seated until the bus stops to unload, wait for signal from the bus driver
           and then cross the road in front of the bus.  

Riding to school is a privilege and convenience.  The failure of a student to follow these regulations may result in his/her forfeiting the privilege to transportation by school bus.

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File:  JFCC-R (Also EEACC-R)

Discipline

When discipline problems with individual students arise, the following procedure should be applied:

    1.    The driver should handle the problem himself/herself, if possible.
    2.    When the driver is unable to solve the problem, he/she should report it to the
            transportation supervisor.  Then, the transportation supervisor and driver, if
            necessary, will confer with the principal.  
    3.    Cases that cannot be solved through the courses outlined above will be referred
            to the Superintendent.
    4.    Students waiting at a school for pickup will be the joint responsibility of the
           administrator of that school and the school the student attends. Students should
           arrive at pickup points no more than 10 minutes prior to scheduled time of the
           arrival of the school bus.
    5.    The bus driver will use the following forms of discipline before referring a
           student to the building administrator.

            A.    Warn student orally of infraction of rules and the possible consequences.

            B.    Assign student to permanent seat.
    
            C.   Confer with building administrator orally regarding the student's discipline
                   problems.

            D.   Driver contacts parent regarding the student’s behavior and solicits their
                   support.

    6.    If the student continues his/her infraction of the rules, the bus driver sends a
           report to the building administrator on the "Bus Conduct Report" form via the
          
transportation supervisor.

            A.    First Written Report: Marked "warning" by bus driver and parent(s),
                    guardian(s) contacted by transportation supervisor via phone or by mail,
                    and copy sent to building administrator.

            B.    Second Written Report: Building administrator contacts
                   parent(s)/guardian(s) by phone, and after appropriate written notice,
                   suspends the student's riding privileges for three days to five school days,
                   or assignment to Saturday School.

           C.    Third Written Report: Building administrator requests conference with
                    parent/guardian, student, bus driver and transportation supervisor, and
                    after appropriate written notice, may suspend the student's riding
                    privileges for 10 school days, or assignment to Saturday School.

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File:  JFCC-R (Also EEACC-R)

           D.    Fourth Written Report: Building administrator holds conference with student
                   and parents, and after appropriate written notice, suspends the student's
                   riding privileges for the remainder for the semester or up to 90 school
                   days.

(Approval date:  October 21, 2004)

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File:  JFCEA

GANGS

The Board believes gangs or gang activity create an atmosphere where violations of policies, regulations and State laws may occur.  Gangs that initiate, advocate or promote activities which threaten the safety or well-being of persons or which are disruptive to the school environment are not tolerated by the District.

Incidents involving initiations, hazing, intimidation and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, personal degradation or disgrace resulting in physical or mental harm are prohibited.

The Board directs the administration to establish regulations to ensure that any student wearing, carrying or displaying gang paraphernalia or exhibiting behavior or gestures which symbolize gang membership or causing and/or participating in activities which intimidate or affect the attendance of another student is subject to disciplinary action. This includes all forms and instruments of harassment and bullying including the use of electronic communications devices.

To provide increased awareness of the threat to the safety of students, staff and school property which gang-related activity poses, training is provided by security on an as-needed basis.  Presentations provide training in current identification symbols used by those involved in gang-related activity and include things such as the identification of hand signals, apparel, jewelry and/or any other pertinent gang-related information.

[Adoption date:  October 21, 2004]
[Revised:  February 17, 2005]

LEGAL REFS.:    ORC 3313.20; 3313.66; 3313.661

CROSS REFS.:    AC, Nondiscrimination
                                JFC, Student Conduct
                                JFCA, Student Dress Code
                                JFCF, Hazing
                                JGD, Student Suspension
                                JGE, Student Expulsion

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File:  JFCF

HAZING AND BULLYING

 

Hazing means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.

Throughout this policy the term bullying is used in place of harassment, intimidation and bullying.

Bullying, harassment and intimidation is an intentional written, verbal, electronic or physical act that a student has exhibited toward another particular student more than once.  The intentional act also includes violence within a dating relationship.  The behavior causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student.  This behavior is prohibited on school property, on a school bus or at a school-sponsored activity.  Students found responsible for harassment, intimidation or bullying by an electronic act may be suspended.

Permission, consent or assumption of risk by an individual subjected to hazing, bullying and/or dating violence does not lessen the prohibition contained in this policy.

The District includes, within the health curriculum, age-appropriate instruction in dating violence prevention education in grades 7 to 12.  This instruction includes recognizing warning signs of dating violence and the characteristics of healthy relationships.

Prohibited activities of any type, including those activities engaged in via computer and/or electronic communications devices or electronic means, are inconsistent with the educational process and are prohibited at all times.  The District educates minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response.

No administrator, teacher or other employee of the District shall encourage, permit, condone or tolerate any hazing and/or bullying activities.  No students, including leaders of student organizations, are permitted to plan, encourage or engage in any hazing and/or bullying.

Administrators, teachers and all other District employees are particularly alert to possible conditions, circumstances or events that might include hazing, bullying and/or dating violence.  If any of the prohibited behaviors are planned or discovered, involved students are informed by the discovering District employee of the prohibition contained in this policy and are required to end all such activities immediately.  All hazing, bullying and/or dating violence incidents are reported immediately to the Superintendent/designee and appropriate discipline is administered.

The Superintendent/designee must provide the Board President with a semiannual written summary of all reported incidents and post the summary on the District’s website, to the extent permitted by law.

The administration provides training on the District's hazing and bullying policy to District employees and volunteers who have direct contact with students.  Additional training is provided to elementary employees in violence and substance abuse prevention and positive youth development.

District employees, students and volunteers have qualified civil immunity for damages arising from reporting an incident of hazing and/or bullying.  Administrators, teachers, other employees and students who fail to abide by this policy may be subject to disciplinary action and may be liable for civil and criminal penalties in compliance with State and Federal law.

No one is permitted to retaliate against an employee or student because he/she files a grievance or assists or participates in an investigation, proceeding or hearing regarding the charge of hazing and/or bullying of an individual.

[Adoption date: March 18, 2010]
[Revised date: October 18, 2012]

LEGAL REFS.:  Children’s Internet Protection Act; 47 USC 254 (h)(5)(b)(iii); 
                             (P.L. 106-554, HR 4577, 2000, 114 Stat 2763)
                                       ORC  117.53
                                       2307.44
                                       2903.31
                                       3301.22
                                       3313.666; 3313.667
                                       3319.073; 3319.321

CROSS REFS.:   AC, Nondiscrimination
                               EDE, Computer/Online Services (Acceptable Use and Internet Safety)
                               IGAE, Health Education
                               IIBH, District Website Publishing
                              JFC, Student Conduct (Zero Tolerance)
                              JFCEA, Gangs
                             JFCK, Use of Electronic Communications Equipment by Students
                             JG, Student Discipline
                             JHG, Reporting Child Abuse
                             JO, Student Records
                             Student Handbooks

NOTE:    The terminology of bullying in this policy also includes harassment and intimidation and is defined as an intentional written, verbal, electronic or physical act that a student has exhibited toward another particular student more than once.  The behavior causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student.

Violence within a dating relationship is also included in this prohibition against harassment, intimidation and bullying.

The Children’s Internet Protection Act added a requirement that effective July 1, 2012 all school districts participating in the e-rate program must include language in their Internet safety policy regarding the education of minors concerning appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response and to develop an educational plan to implement the program.  Helpful resources are available at OnGuardOnline.gov.

HB 116 (The Jessica Logan Act), signed by the Governor on February 2, 2012, requires districts to update Hazing and Bullying policies to include several new requirements by November 2012.  The majority of language changes appear in Ohio Revised Code section 3313.666.

THIS IS A REQUIRED POLICY

 

 

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HAZING AND BULLYING
(Harassment, Intimidation and Dating Violence)

 

The prohibition against hazing, dating violence, harassment, intimidation or bullying is publicized in student handbooks and in the publications that set the standard of conduct for schools and students in the District.  In addition, information regarding the policy is incorporated into employee handbooks and training materials.

School Personnel Responsibilities and Complaint Procedures

Hazing, bullying behavior and/or dating violence by any student/school personnel in the District is strictly prohibited, and such conduct may result in disciplinary action, including suspension and/or expulsion from school.  Hazing bullying and/or dating violence means any intentional written, verbal, graphic or physical acts, including electronically transmitted acts, either overt or covert, by a student or group of students toward other students/school personnel with the intent to haze, harass, intimidate, injure, threaten, ridicule or humiliate.  Such behaviors are prohibited on or immediately adjacent to school grounds, at any school-sponsored activity; in any District publication; through the use of any District-owned or operated communication tools, including but not limited to District e-mail accounts and/or computers;  on school-provided transportation or at any official school bus stop.

Hazing, bullying and/or dating violence can include many different behaviors.  Examples of conduct that could constitute prohibited behaviors include, but are not limited to:

       1.     physical violence and/or attacks;        

       2.     threats, taunts and intimidation through words and/or gestures;

       3.     extortion, damage or stealing of money and/or possessions;

       4.     exclusion from the peer group or spreading rumors;       

       5.     repetitive and hostile behavior with the intent to harm others through the use of information and communication
               technologies and other web-based/online sites (also known as “cyber bullying”), such as the following:
                          

               A.     posting slurs on websites, social networking sites, blogs or personal online journals;

              B.     sending abusive or threatening e-mails, website postings or comments and instant messages;

              C.     using camera phones to take embarrassing photographs or videos of students and/or distributing or posting
                       the photos or videos online and

              D.     using websites, social networking sites, blogs or personal online journals, e-mails or instant messages to
                       circulate gossip and rumors to other students.
      

       6.     excluding others from an online group by falsely reporting them for inappropriate language to Internet service
               providers.

In evaluating whether conduct constitutes hazing or bullying, special attention is paid to the words chosen or the actions taken, whether such conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim and the motivation, either admitted or appropriately inferred.

Teachers and Other School Staff

Teachers and other school staff who witness acts of hazing, bullying and/or dating violence as defined above, promptly notify the building principal/designee of the event observed, and promptly file a written incident report concerning the events witnessed.

Teachers and other school staff who receive student or parent reports of suspected hazing, bullying and/or dating violence promptly notify the building principal/designee of such report(s).  If the report is a formal, written complaint, the complaint is forwarded to the building principal/designee no later than the next school day.  If the report is an informal complaint by a student that is received by a teacher or other professional employee, he/she prepares a written report of the informal complaint that is forwarded to the building principal/designee no later than the next school day.

Complaints

       1.     Formal Complaints

Students and/or their parents or guardians may file reports regarding suspected hazing, harassment, intimidation, bullying and/or dating violence.  The reports should be written.  Such written reports must be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying and the names of any potential student or staff witnesses.  Such reports may be filed with any school staff member or administrator.  They are promptly forwarded to the building principal/designee for review and action.

 

       2.     Informal Complaints

Students, parents or guardians and school personnel may make informal complaints of conduct that they consider to be harassment, intimidation and/or bullying by verbal report to a teacher, school administrator or other school personnel.  Such informal complaints must be reasonably specific as to the actions giving rise to the suspicion of hazing, harassment, intimidation and/or bullying, including person(s) involved, number of times and places of the alleged conduct, the target of the prohibited behavior(s) and the names of any potential student or staff witness.  The school staff member or administrator who receives the informal complaint promptly documents the complaint in writing, including the above information.  This written report by the school staff member and/or administrator is promptly forwarded to the building principal/designee for review and action.

       3.     Anonymous Complaints

Students who make informal complaints as set forth above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint.  The anonymous complaint is reviewed and reasonable action is taken to address the situation, to the extent such action (1) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of hazing, bullying and/or dating violence.

 

       4.     False Complaints

Students are prohibited from deliberately making false complaints of harassment, intimidation or bullying.  Students found responsible for deliberately making false reports of harassment, intimidation or bullying may be subject to a full range of disciplinary consequences.

Intervention Strategies

       1.     Teachers and Other School Staff

In addition to addressing both informal and formal complaints, school personnel are encouraged to address the issue of hazing, bullying and/or dating violence in other interactions with students.

School personnel may find opportunities to educate students about harassment, hazing, intimidation and bullying and help eliminate such prohibited behaviors through class discussions, counseling and reinforcement of socially appropriate behavior.  School personnel should intervene promptly whenever they observe student conduct that has the purpose or effect of ridiculing, humiliating or intimidating another student/school personnel, even if such conduct does not meet the formal definition of harassment, hazing, intimidation or bullying.

       2.     Administrator Responsibilities
               A.     Investigation

The principal/designee is notified of any formal or informal complaint of suspected harassment, hazing, intimidation or bullying.  Under the direction of the building principal/designee, all such complaints are investigated promptly.  A written report of the investigation is prepared when the investigation is complete. The report includes findings of fact, a determination of whether acts of hazing, bullying and/or dating violence were verified, and when prohibited acts are verified, a recommendation for intervention, including disciplinary action, is included in the report.  Where appropriate, written witness statements are attached to the report.

Notwithstanding the foregoing, when a student making an informal complaint has requested anonymity, the investigation of such complaint is limited as is appropriate in view of the anonymity of the complaint.  Such limitation of the investigation may include restricting action to a simple review of the complaint (with or without discussing it with the alleged perpetrator), subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.

       B.     Nondisciplinary Interventions

When verified acts of hazing, bullying and/or dating violence are identified early and/or when such verified acts do not reasonably require a disciplinary response, students may be counseled as to the definition of the behavior, its prohibition and their duty to avoid any conduct that could be considered harassing, hazing, intimidating and/or bullying.  

If a complaint arises out of conflict between students or groups of students, peer mediation may be considered.  Special care, however, is warranted in referring some cases to peer mediation.  A power imbalance may make the process intimidating for the victim and therefore inappropriate.  The victim’s communication and assertiveness skills may be low and could be further eroded by fear resulting from past intimidation and fear of future intimidation.  In such cases, the victim should be given additional support.  Alternatively, peer mediation may be deemed inappropriate to address the concern.

       C.     Disciplinary Interventions

When acts of harassment, intimidation and bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences.  Anonymous complaints that are not otherwise verified, however, cannot provide the basis for disciplinary action. 

In and out-of-school suspension may be imposed only after informing the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation.

Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board of Education in accordance with Board policy.  This consequence is reserved for serious incidents of harassment, intimidation or bullying and/or when past interventions have not been successful in eliminating prohibited behaviors.

Allegations of criminal misconduct are reported to law enforcement, and suspected child abuse is reported to Child Protective Services, per required timelines.

Report to the Custodial Parent or Guardian of the Perpetrator

If, after investigation, acts of harassment, intimidation and bullying by a specific student are verified, the building principal/designee notifies the custodial parent or guardian of the perpetrator, in writing, of that finding.  If disciplinary consequences are imposed against such student, a description of such discipline is included in such notification.   

Strategies are developed and implemented to protect students from new or additional harassment, intimidation or bullying, and from retaliation following reporting of incidents.

Reports to the Victim and His/Her Custodial Parent or Guardian

If, after investigation, acts of bullying or hazing against a specific student are verified, the building principal/designee notifies the custodial parent/guardian of the victim of the finding.  In providing such notification, care must be taken to respect the statutory privacy rights of the perpetrator. 

Bullying matters, including the identity of both the charging party and the accused, are kept confidential to the extent possible.  Although discipline may be imposed against the accused upon a finding of guilt, retaliation is prohibited.

School administrators shall notify both the custodial parents or guardians of a student who commits acts of harassment, intimidation, bullying and/or dating violence and the custodial parents or guardians of students against whom such acts were committed, and shall allow access to any written reports pertaining to the incident, to the extent permitted by law.

Police and Child Protective Services

In addition to, or instead of, filing a complaint through this policy, a complainant may choose to exercise other options including, but not limited to, filing a complaint with outside agencies or filing a private lawsuit.  Nothing prohibits a complainant from seeking redress under any other provision of the Ohio Revised Code or common law that may apply. 

The District must also investigate incidents of hazing, bullying and/or dating violence for the purpose of determining whether there has been a violation of District policy or regulations, even if law enforcement and/or the public children’s services are also investigating.  All District personnel must cooperate with investigations by outside agencies.

[Adoption date: March 18, 2010]
[Revised date: October 18, 2012]

 NOTE:        THIS IS A REQUIRED REGULATION

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TOBACCO USE BY STUDENTS

The Board of Education is committed to providing students, staff, and visitors with an indoor tobacco and smoke-free environment.  The negative health effects of tobacco use for both the users and nonusers, particularly in connection with second hand smoke, are well established.  Further, providing a non-smoking and tobacco free environment is consistent with the responsibilities of teachers and staff to be positive role models for our students.

For purposes of this policy, "tobacco products" means to chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco, as well as all uses of tobacco or tobacco substitutes, including cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, or any other matter or substances that contain tobacco, in addition to papers used to roll cigarettes and/or the smoking of electronic, “vapor,” or other substitute forms of cigarettes, clove cigarettes or other lighted smoking devices for burning tobacco or any other substance.

In order to protect students and staff who choose not to use tobacco from an environment noxious to them, the Board prohibits the possession, consumption, purchase or attempt to purchase and/or use of tobacco or tobacco substitute products by students on Board premises, in Board-owned vehicles, within any indoor facility owned or leased or contracted for by the Board, and/or used to provide education or library services to children, and at all Board sponsored events, at any time.

Tobacco advertising is prohibited on school grounds, in or on all school property including school vehicles, in all school-sponsored publications, at all school-sponsored events, and any other publication or event under the control of school district.

Appropriate signs indicating that tobacco products are not permitted will be posted throughout the district at entrances and other appropriate locations on all academic buildings, administrative spaces, parking lots, and athletic fields.

Tobacco-use prevention education should be coordinated with the other components of the school health program.
 
Disciplinary measures taken against students for violations of this policy comply with the requirements of State law and related District policies.

[Adoption date:  October 21, 2004]
[Revised date:    December 21, 2006]
[Revised date:    December 21, 2006]
[Revised date:   September 18, 2014]

LEGAL REFS.:    ORC    2927.02
        3313.47; 3313.66; 3313.661; 3313.751
    OAC    3301-35-03
    20 USC Section 6082
    ORC 3794.01 – 3794.09

CROSS REFS.:    JFA, Student Due Process Rights
    JFC, Student Conduct
    JGD, Student Suspension
    JGE, Student Expulsion
    Student Handbooks

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ALCOHOL USE BY STUDENTS/STUDENT DRUG ABUSE

The Board recognizes its share of the responsibility for the health, welfare and safety of the students who attend the District’s schools.  The Board is concerned about the problems of alcohol and drug abuse and recognizes that illegal or inappropriate use of alcohol, narcotic drugs, depressants or other controlled substances is wrong and harmful and constitutes a hazard to the positive development of all students.

The Board does not permit any student to possess, transmit, conceal, offer for sale, consume, show evidence of having consumed or used any alcoholic beverages, illegal drugs, unprescribed drugs, look-alike drugs or any mind-altering substance while on school grounds or facilities; at school-sponsored events; in other situations under the authority of the District or in school-owned or school-approved vehicles.  Included in this prohibition are any substances represented as a controlled substance, nonalcoholic beers, steroids, tobacco and tobacco products and drug paraphernalia.

The Board wishes to emphasize the following.

    1.    A student is required to obey existing laws on school grounds and while
            involved in school activities.  School authorities have the same responsibility as
            any other citizen to report violations of the law.  The final disposition of any
            problem, however, is determined by the building principal with due
            consideration of the welfare of the student and of any other relevant factors
            involved.

    2.    Discipline is imposed independent of court action.  Students are subject to
            immediate suspension or expulsion proceedings for possession or use of
            illegal drugs or alcoholic beverages.

    3.    Parents and students are given a copy of the standards of conduct and the
           statement of disciplinary sanctions and are notified that compliance with the
           standards of conduct is mandatory.

    4.    If conditions warrant, the administration refers the student for prosecution and
           offers full cooperation in a criminal investigation.

    5.    A reduction in penalty may be considered if the student receives professional
           assistance.  Professional assistance may include but not be limited to an
           alcohol/drug education program; assessment with follow-through based on the
           assessment findings, counseling, out-patient treatment or inpatient treatment. 

The Superintendent establishes and the Board considers for approval detailed procedures for dealing with students who may have a drug or alcohol problem.  These procedures are in compliance with all applicable laws and observed by all staff members.  It is the desire of the Board for students with problems to feel secure enough to ask for help from their teachers or counselors without fear of reprisal.  Confidentiality shall be maintained within the limits of the law.  The long-range welfare of the student is paramount.

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[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    2925.01; 2925.37
                                            3313.66; 3313.661
                                            3719.011; 3719.41

CROSS REFS.:    IGAG, Drugs, Alcohol and Tobacco Education
                               JHCD, Administering Medicines to Students
                               Student Code of Conduct
                               Student Handbooks

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ALCOHOL USE BY STUDENTS/STUDENT DRUG ABUSE

District employees who have reason to believe that a student’s behavior is inappropriate and that may be caused by the use of mood altering chemicals (drugs or alcohol) shall notify the principal or assistant principal, who will determine if the student is currently under the influence of drugs or alcohol.

The principal or assistant principal, upon learning of the alleged abuse, shall follow these procedures:
    1.    If the principal or assistant principal determines that the student is under the
           influence of drugs or alcohol, he/she shall take appropriate intervention and
          disciplinary action as outlined below.

    2.   If the principal or assistant principal determines that the student is not under the
          influence of drugs or alcohol, but that the student exhibits symptoms of chemical
          abuse or dependency, he/she shall gather additional information from the
          student’s teacher(s), counselor and other staff members who can verify the
          symptoms or behaviors associated with chemical abuse or dependency.

    3.   If the principal or assistant principal, after reviewing the information from all
          sources, determines that chemical abuse or dependency may be possible,
          he/she shall arrange a conference including, but not limited to the:

            A.    student;

            B.    parent(s)/ guardian(s);

            C.    nurse;

            D.    counselor or

            E.    other staff.

    4.    Prior to the conference in Section 3 above, the principal or assistant principal
           will ask the parent(s)/guardian(s) to complete a “Chemical Use Family
          Questionnaire;”

    5.    Following the conference, and if chemical abuse or dependency is suspected,
           the principal or assistant principal will ask the student, with the permission of
           his/her parent(s) guardian(s), to voluntarily submit to a professional evaluation
           by a trained chemical dependency counselor and a licensed physician trained
           in chemical dependency.  The professional evaluation source, however, shall be
           approved by the principal or assistant principal.  Costs for the evaluation shall
           be borne by the student and his/her parent(s) /guardians(s).

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    6.   If the professional evaluation indicates chemical abuse or dependency, the
          following treatment options – singular or in tandem – shall be available to the
          student and his/her parent(s)/guardian(s):

           A.    family education;

           B.    out-patient treatment;

           C.    in-patient treatment or

           D.    assignment to an in-school support group.

Sanctions and Incentives for Self-Improvement

Sanctions for student use, sale, possession, distribution or being under the influence of alcohol or drugs shall conform to the sanctions mandated, except the sanctions shall be reduced as follows* if the student and his/her parent(s)/guardian(s) agree that the student shall voluntarily submit to a professional evaluation and completion of recommended treatment as outlined above.

Alcohol/Drugs/Narcotics

    1.    Use, Possession, Distribution or Under Influence
           First Offense:  Ten days out-of-school suspension or expulsion.  The student
           shall voluntarily submit to a professional evaluation and completion of
           recommended treatment.

    2.   Sale or Distribution
          First Offense:  Expulsion

Counterfeit Controlled Substances or Look-Alike Drugs:  Possession, Use, Under Influence, Sale or Distribution

Definitions of Counterfeit Controlled Substances or Look-Alike Drugs

    1.    Counterfeit controlled substances mean look-alike drugs or over-the-counter
           drugs which are stimulants or depressants.

            A.    Look-alike drugs are products which mimic prescription drugs as to
                    physical and psychological effects:  i.e., amphetamines, methaquolone
                    (Quaaludes) or cocaine and contain one or more of the following
                    nonprescription stimulants – caffeine, phenylpropanalomine (PPA),
                    ephedrine or antihistamines.

           B.    Over-the-counter drugs are products used as stimulants and depressants
                   and which are marked as diet aids, “pep” pills or sleep aids.

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    2.    Counterfeit controlled substance also means any of the following:

            A.    Any unmarked or unlabeled substance which is represented to be a
                    controlled substance distributed by a person other than the person(s) who
                    manufactured, processed, packaged or distributed it.
            B.    Any substance that is represented to be a controlled substance but is not a
                    controlled substance or is a different controlled substance.
            C.    Any substance other than a controlled substance that a reasonable person
                    would believe to be a controlled substance because of its similarity in
                    shape, size and color, or its markings, labeling, packaging, distribution or
                    the price for which it is sold or offered for sale.

Student Sanctions

Possession, use, being under influence, sale or distribution of counterfeit controlled substances or look-alike drugs by students on school premises or off school premises at any school-sponsored activity shall result in the same sanctions as for controlled substances specified by offense #9 of Elementary and #8 of Secondary School Sanctions.

Criminal Penalties Established by Law for Possession, Sale, Distribution or Representation of Counterfeit Controlled Substances as Controlled Substances

The Ohio Revised Code, Section 2925.37 establishes the following penalties:
    1.    Possession – misdemeanor of the first degree.
    2.    Sale or distribution – felony of fourth degree, age 18 or over; to person under
           age of 18 – felony of third degree.
    3.    Represent a counterfeit controlled substance as a controlled substance by
           describing its effects as the physical or psychological effects associated with
           use of a controlled substance – felony of third degree.

This policy shall not be applicable to over-the-counter stimulants or depressants prescribed by a physician.

The provisions of policy JHCD, Administering Medicines to Students, and Administrative Procedures shall be applicable to administration of oral medication (over-the-counter drugs), and parent(s)/guardian(s) and physician shall be required to complete the forms:  Physician’s Request and Parent Release for the Administration of Oral Medication at School (JHCD-E)

Notification to and Awareness by Students of Ohio Revised Code Definitions, Prescriptions and Related Penalties.

    1.    In accordance with Ohio Revised Code, Section 2925.37, Section 3, each
           building principal shall be responsible for implementing a program in each
           school to explain the foregoing provisions of this policy to all students in their
           schools.  This program shall be conducted annually in each school during the
           first two days of school.

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     2.    Provisions for notification and student awareness shall include:

            A.    notification to and discussion by each homeroom or rollroom teacher with
                    all students assigned to that class of the content of this policy in a manner
                    appropriate to the age and level of understanding of students and
            B.    posting of summary of policy content on the bulletin boards of all
                    homerooms or rollrooms by teachers in grades 5-12.

SUMMARY:    Counterfeit Controlled Substances or Look-Alike Drugs

    1.    Unlawful Possession, Use Sale or Distribution
            State law makes it unlawful for students to possess, use, sell or distribute
            look-alike drugs or over-the-counter stimulant or depressant substances.
    2.    Board Policy Sanctions
           District policy prohibits students from possessing, using, being under the
           influence of, selling or distributing counterfeit controlled substances, look-alike
           drugs or over-the-counter stimulants and depressants.
           The sanctions are the same as for the controlled substance (i.e., marijuana,
           Quaaludes, amphetamines) and range from parent(s)/guardian(s) conference to
           expulsion for elementary students and from suspension to expulsion for
           secondary students.
    3.    Definitions
            •    Look-alike drugs are those which mimic the physical and psychological
                 effects of prescription drugs.
            •    Over-the-counter drugs are those stimulants or depressants contained in
                 diet pills, “pep” pills or sleeping pills.
    4.    Criminal Penalties
           Criminal penalties range from misdemeanor of the first degree for possession,
            to felony of third degree for representing a counterfeit substance as a controlled
            substance.

Release by Physician and Parent for Administration of Over-the-Counter Drugs

Over-the-counter stimulants or depressants may be administered to students at school only upon the signed permission of parents and a physician, Administering Medicines to Students, applicable to all oral medication.

(Approval date:  October 21, 2004)

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WEAPONS IN THE SCHOOLS

The Board is committed to providing the students of the District with an educational environment which is free of the dangers of firearms, knives and other dangerous weapons.

The definition of a firearm is any weapon (including a starter gun) which is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer or any destructive device (as defined in 18 USCA, Section 921), which includes any explosive, incendiary or poisonous gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or device similar to any of the
devices described above.

Unless a student is permanently excluded, the Superintendent shall expel a student from school for a period of one year for bringing a firearm or a knife to a school operated by the Board or onto any other property owned or controlled by the Board, except that the Superintendent may reduce this requirement on a case-by-case basis in accordance with this policy.  Any such expulsion shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

The Board authorizes the Superintendent to expel a student from school for a period not to exceed one year for bringing a knife to a school operated by the Board or onto any other property owned or controlled by the Board or for possessing a firearm or knife at a school or on any other property owned or controlled by the Board, which firearm or knife was initially brought onto school property by another person.  The Superintendent is authorized to extend such an expulsion into the school year following the school year in which the incident that gives rise to the expulsion takes place.

Matters which might lead to a reduction of the expulsion period include: an incident involving a disable student when the incident is a manifestation of the disability; the age of the student and its relevance to the punishment; the prior disciplinary history of the student and/or the intent of the perpetrator.

A student may be expelled for up to one year for firearm-related or knife-related incidents occurring off school property while at a school-sponsored interscholastic competition, extracurricular event or other school-sponsored activity.

A student suspended, expelled, removed or permanently excluded from school for misconduct involving a firearm or knife also loses his/her driving privileges.  The District shall notify the county registrar and juvenile judge within two weeks of the suspension, expulsion or permanent exclusion.

The Superintendent is also authorized to expel a student from school for a period not to exceed one year for making a bomb threat to a school building, or to any premises at which a school activity is occurring at the time of the threat.  Any expulsion under this provision extends, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

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Matters which might lead to a reduction of the expulsion period include: the student’s mental and/or physical characteristics or conditions; the age of the student and its relevance to the punishment, the prior disciplinary history of the student and/or the intent of the perpetrator.

The Board prohibits students from knowingly possessing an object on school premises, in a school or a school building, at a school activity or on a school bus if both of the following apply:

    1.    The object is indistinguishable from a firearm, whether or not the object is
           capable of being fired.

    2.    The person indicates that the person possesses the object and that it is a
           firearm or the person knowingly displays or brandishes the object and indicates 
          
that it is a firearm.

As defined by Ohio law and for purposes of this policy, an “object that is indistinguishable from a firearm” means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.

Students found in violation of number 1 and 2 above may be reported to the local policy authority and may be prosecuted under state criminal statutes, as well as disciplined in accordance with the provisions of the District’s student code of conduct and Ohio law.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    2923.122
                                            3313.66; 3313.661; 3313.662
                                            3321.13
                                            18 USC 921
                                            20 USC 2701 et seq. - Title IX  9001-9005
                                            20 USC 8921

CROSS REFS.:    JEGA, Permanent Exclusion
                                JFC, Student Conduct
                                JGD, Student Suspension
                                JGDA, Emergency Removal of Student
                                JGE, Student Expulsion
                                Student Code of Conduct

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File:  JFCK

USE OF ELECTRONIC COMMUNICATIONS EQUIPMENT BY STUDENTS

Students may be allowed to possess pagers, cellular telephones and other electronic communications devices while on school property or while attending school-sponsored activities on or off school property, as long as these devices are turned off during school hours. Such devices may not be used to harass, intimidate or demean any other student at any time during school hours.

First time violators of this policy are reported to the principal, who confiscates the device and holds it in his/her office until the end of the school day. Additional discipline may be administered as well.  Subsequent violations will result in progressive disciplinary measures and may result in a loss of privilege to possess such devices on school grounds.

The District assumes no liability if these devices are broken, lost or stolen.  Notices of this policy are posted in a central location in every school building and in the student handbooks.

[Adoption date:  October 21, 2004]
[Revised:  February 17, 2005]

LEGAL REFS.:    ORC    3313.20; 3313.753

CROSS REF.:    Student Handbooks

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File:  JFCL

UNSAFE SCHOOLS
(Persistently Dangerous Schools)

The Board complies with State and Federal law in adopting a policy on persistently dangerous schools.

Beginning in the 2004-2005 school year, a student attending a “persistently dangerous” school in this District or who becomes a victim of a “violent criminal offense,” “as determined by State law”, anywhere on District “grounds” or during school-sponsored activities is allowed to attend another school in the District that is not persistently dangerous that offers instruction at the student’s grade level. However, there is no transfer option if there is no other school in this District that offers instruction at the student’s grade level.

A “persistently dangerous” school is defined by State law as a school that has two or more violent criminal offenses in or on school grounds, per 100 students, in each of two consecutive school years. In schools with 300 or fewer students enrolled, six or more violent criminal offenses must occur. Likewise, if a school has 1350 or more students enrolled, 27 or more violent criminal offenses must occur in each of two consecutive school years.

“Violent criminal offense” refers to any violent criminal offense set forth and defined in State law as violent in nature.

“As determined by State law” means that the student has been identified as the victim and the perpetrator has pled guilty to, been adjudicated or convicted of a violent criminal offense in an Ohio court.

“Grounds” includes school bus transportation to and from school and school-sponsored activities and designated bus stops.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    The Elementary and Secondary Education Act; 20 USC 1221 et seq.
                               OAC    3301-35-02; 3301-35-04

CROSS REFS.:   JFC, Student Conduct (Zero Tolerance)
                               JFCJ, Weapons in the Schools
                              Student Handbooks

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File:  JFE

PREGNANT STUDENTS

The Board affirms the right of a pregnant student to continue her participation in the educational program.

As soon as the pregnancy is medically confirmed, the Board recommends that the student consult with a member of the student personnel staff or the principal to plan her educational program.

With the staff member involved, the student may elect any of the following educational plans or suggest alternatives.

    1.    She may remain in her present school program, with modifications as
           necessary until the birth of her baby is imminent or until her physician states that
           continued participation would be detrimental to her health or that of the baby.

    2.    When information has been obtained from the student’s physician indicating
           that the student is unable to attend school, home-bound instruction is available
           at school expense until her physician states that she is physically able to return
           to school.

    3.    With Board approval, she may temporarily withdraw from school and enroll in an
           approved educational program in which she can continue her education.

Efforts are made to ensure that the educational program of the student is disrupted as little as possible and that she receives health and counseling services, as well as instruction.  Students under the age of 18 are still subject to compulsory education requirements.  Students 18 or older are encouraged to return to school after delivery and complete requirements for graduation.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3321.01; 3321.04

CROSS REF.:    JEA, Compulsory Attendance Ages

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File:  JFG

INTERROGATIONS AND SEARCHES

The District has responsibility for the control and management of students during the school day and hours of approved extracurricular activities.  While discharging its responsibility, the administration is to make an effort to protect each student’s rights with respect to interrogations by law enforcement officials.  The administration has developed regulations to be followed in the case of searches and interrogations.

The right to inspect students’ school lockers or articles carried upon their persons and to interrogate an individual student is inherent in the authority granted school boards.  All searches are conducted sparingly and only when such search is reasonably likely to produce tangible results to preserve discipline and good order and the safety and security of persons and their property within the area of the school’s responsibility.

Student lockers are the property of the District, and since random searches have a positive impact on reducing drugs and other criminal activity, it is the policy of the Board to permit the building administrator to search any locker and its contents as the administrator believes necessary.  Such notice will be posted in every building.

The Board directs the Superintendent to authorize the use of dogs trained in detecting the presence of drugs.  The dogs may be used to patrol the school facilities and grounds, including the lockers and parking areas.  Use of dogs may be unannounced and random.  If a trained canine alerts to a particular vehicle, locker or other container, it shall create reasonable suspicion to search that vehicle, locker or container in accordance with this policy.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    U.S. Const. Amend. IV
                               ORC    3313.20

CROSS REF.:    JHG, Reporting Child Abuse

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File:  JFG-R

INTERROGATIONS AND SEARCHES

Searches of Student Property by School Personnel

The following rules apply to the search of school property assigned to a specific student (locker, desk, etc.) and the seizure of items in a student’s possession:

    1.    There should be reasonable cause for school authorities to believe that articles
           are kept in the locker, desk or other storage space whose possession
           constitutes a crime or school rule violation.

    2.    General housekeeping inspection of school property may be conducted with
           reasonable notice.

    3.    Illegal items (drugs, weapons, etc.) or other possessions reasonably
           determined to be a threat to the safety or security of the other students may be
           seized by school authorities at any time.

Searches of Student’s Person or Personal Property by School Personnel

Principals and their designees are permitted to search the person and personal property (purse, knapsack, gym bag, book bag, etc.) of a student when there is reason to believe that evidence will be obtained indicating the student’s violation of the law and/or school rules.  The following rules apply in such cases:

    1.    There should be a reasonable cause to believe that the search will result in
           obtaining evidence that indicates the student’s violation of the law and/or school
           rules.

    2,    Searches of person will be conducted by a member of the same sex as the
           student and in the presence of another administrator or staff member.

    3.    Where evidence indicating that a student has violated the law is uncovered, law
           enforcement officials will be notified.

    4.    Strip searches should be discouraged.  A substantially higher degree of
           certainty (more than a reasonable cause) is required prior to conduct such a
           search.  In cases where school officials believe a strip search is necessary, law
           enforcement officials shall be called to conduct the search.

Searches of Student Property by Police

A law enforcement agency is required to produce a warrant prior to conducting any search of a student’s personal property kept on school premises.  When the policy have reason to believe that any item which might pose an immediate threat to the safety or security of others is kept in a student locker, desk or other storage space, searches may be conducted without a previously issued warrant.

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File:  JFG-R

Interrogations by Police

The schools have legal custody of students during the school day and during hours of approved extracurricular activities.  It is the responsibility of the school administration to try to protect each student under its control.  Therefore, the following steps shall be taken.

    1.    The questioning of students by law enforcement agencies is limited to situations
            where parental consent has been obtained or the school official has made an
            independent determination that reasonable grounds exist for conducting an
            interrogation during school hours.

    2.    Wherever possible, police officers should contact and/or question students out
           of school.  When it is absolutely necessary for an officer to make a school
           contact with a student, the school authorities, when possible, will bring the
           student to a private room and the contact is made out of the sight of others as
           much as possible.

    3.    The school principal or assistant principal(s) must be notified before a student
            may be questioned in school or taken from a classroom.

    4.    If the police have not contacted the parents, the administration shall make
           reasonable efforts to notify the parent(s) of the student to be interviewed by the
           police.  The parent(s) may be present if they so desire.

    5.    To avoid possible criticism, a school official is to be present when an
           interrogation takes place within the school.

    6.    When the police remove a child from school, the administration will make an
           attempt to notify the parent(s).

    7.    The placement of a School Resource Officer (SRO) in school buildings creates
           a constant presence of the police department in the schools.  This placement
           fosters many student interactions throughout the school day.  In the course of
           these interactions, information may be obtained by the SRO which may give
           cause/need to an immediate investigation of a student(s).  The SRO will make
           every attempt to notify the school administration and parents in a timely manner
           as to the nature and course of the investigation.

    8.    The police/SRO may be notified by the school principal whenever a student is
            involved in any type of criminal activity at school.  When the principal learns of
            this involvement, he/she should notify the School Resource Officer or police
            department in a timely fashion.  The school should not attempt to handle
            matters which are property in the realm of the police department.

(Approval date:  October 21, 2004)

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File:  JG

STUDENT DISCIPLINE

Effective discipline, which requires respect for the rights of others, is necessary if all students are to attain a quality education.  The Board delegates to school officials the authority to enforce District policies, regulations and school rules governing student conduct.

A complete statement governing or describing all the relationships and processes involved in student discipline would be very extensive.  The most important part of such a statement would be the relationship of the teacher and the principal in matters of discipline.  Teachers must feel free to consult and work closely with the building principal in dealing with any problem with which the teacher might need guidance.  This working relationship is one key to desirable discipline and a quality instructional environment.

The Board also believes that the teacher-student relationship in the classroom, halls and on school property is important and should be one of mutual respect at all times.  The teacher is recognized as the person in authority at all times in the classroom, halls, buildings, school grounds and at school-related events.

Each case of unsatisfactory behavior by a student is handled individually.  The classroom teacher may take the steps which he/she believes are justified in each case.  If the student does not respond to these measures, the teacher then refers the student to the principal.

In terms of the relationship of the teacher and principal in discipline matters, the Board expects that whenever a discipline problem appears to extend beyond the classroom, the teacher discusses the problem with the principal.  The teacher(s) and the principal work together in attempting to control or correct the problem.

A student’s failure to comply with the requirements for conduct outlined in the student handbooks may result in the student’s being disciplined.  The student may lose all rights to participate in school-related social events or extracurricular activities for a period of time determined by the principal.  Depending on the seriousness of the offense committed by the student, suspension or expulsion may also result.  Discipline is always administered in a reasonable manner.

If several methods of discipline have been used in an effort to solve a problem and it appears necessary, in the judgment of the principal and Superintendent, to discipline or withdraw privileges from a large group, this action may be taken.  Any punishment technique involving an entire class or large group is used only as a last resort.

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File:  JG

STUDENT DISCIPLINE

[Adoption date:  October 21, 2004]
[ Revised date:    June 28, 2007 ]

LEGAL REFS.:    ORC    3313.20; 3313.66; 3313.661; 3313.662
                                           3319.41;  3301.37.10

CROSS REFS.:    ECAB, Vandalism
                                IGD, Cocurricular and Extracurricular Activities
                                JG, all subcodes
                                Student Handbooks
                                Early Childhood Education Program Handbook

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File:  JGA

CORPORAL PUNISHMENT

The Ohio Revised Code allows boards of education to ban the use of corporal punishment and this Board does not believe such punishment to be suitable.  Corporal punishment is prohibited and shall not be used as a form of discipline in the District.  The Board expects the administration, faculty and staff to use other forms of discipline, counseling and referral, including communication and meetings with the parents to promote appropriate, positive behavior.

A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is dealt with according to approved student discipline regulations.

Teachers, principals, administrators and classified staff are authorized by law to use, within the scope of their employment, “such amount of force and restraint as is reasonable and necessary to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects, for the purpose of self-defense, or for the protection of persons or property.”

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.20
                                           3319.41

CROSS REFS.:    ECAB, Vandalism
                                JG, Student Discipline

                                Student Code of Conduct
                                Student Handbooks

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File:  JGB

DETENTION OF STUDENTS

A student may be detained after the regular hour for dismissal.  Parents shall be called, or students shall receive a 24-hour notice.

[Adoption date:  October 21, 2004]

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File:  JGD

STUDENT SUSPENSION

The Superintendent or designee may suspend a student from school for disciplinary reasons outlined in the Student Code of Conduct.  No period of suspension is for more than 10 school days.  Suspensions may extend beyond the current school year if, at the time a suspension is imposed, fewer than 10 days remain in the school year.  The Superintendent may apply any or all of the period of suspension to the following year.  Suspensions from school shall include denial of admission to or entry upon real or personal property owned and controlled by the District and other such school functions.

The Superintendent may require a student to perform community service in conjunction with or in place of a suspension.  The Superintendent may impose a community service requirement beyond the end of the school year in lieu of applying the suspension into the following school year.  

The guidelines listed below are followed for all out-of-school suspensions.

    1.    The student is informed in writing of the potential suspension and the reasons
            for the proposed action.

    2.    The student is provided an opportunity for an informal hearing to challenge the
            reason for the intended suspension and explain his/her actions.

    3.    An attempt is made to notify the parent(s) or guardian(s) by telephone if a
           suspension is issued.

    4.    Within one school day, a letter is sent to the parent(s) or guardian(s) stating the
           specific reasons for the suspension and including notice of the right to appeal
           such action.

    5.    Notice of this suspension is sent to the:

            A.    Superintendent/hearing officer;

            B.    Treasurer and

           C.    student’s school record (not for inclusion in the permanent record).

    6.    Permanent Exclusion.  If the offense is one for which the District may seek
           permanent exclusion, the notice contains that information.

Prior to appealing, an informal hearing shall be held with the building principal.  Suspension may be appealed to the Superintendent or his/her designee.

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File:  JGD

Appeal Procedure

Should a student who is 18 or older or a student’s parent(s) choose to appeal the suspension, he/she must do so in writing within three calendar days of the notice of suspension.  The procedure for such is provided in regulations approved by the Board.  All witnesses are sworn and a verbatim record is kept of the hearing which may be held in executive session at the request of the student or his/her parent(s).  The student may be excluded from school during the appeal process.

Appeal to the Court

Under State law, appeal of the Board’s or its designee’s decision may be made to the Court of Common Pleas within 10 calendar days of receipt of decision.  Notice of appeal must be filed with the Treasurer.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC 3313.66; 3313.661; 3313.662

CROSS REFS.:    IGCI, Community Service
                               JEGA, Permanent Exclusion
                               JFC, Student Conduct
                               JFCEA, Gangs
                               JFCJ, Weapons in the Schools
                               JGE, Student Expulsion

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File:  JGDA

EMERGENCY REMOVAL OF STUDENT

If a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the Superintendent, principal, assistant principal or personnel employed to direct, supervise or coach a student activity program may remove the student from the premises.  

If either suspension or expulsion is contemplated, a due process hearing is held within three school days after the removal is ordered.  Written notice of the hearing and the reason for removal and any intended disciplinary action is given to the student as soon as practicable prior to the hearing.  The student has the opportunity to appear at an informal hearing before the principal, assistant principal and Superintendent/designee and has the right to challenge the reasons for the removal or otherwise explain his/her actions.  The person who ordered or requested the removal is present at the hearing.  Within one school day of the decision to suspend, written notification is given to the parent(s) of the student and the Treasurer of the Board.  This notice includes the reasons for the suspension and the right of the student or parent(s) to appeal to the Superintendent/designee.

If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request, and is given, written reasons for the reinstatement.  The teacher cannot refuse to reinstate the student.

In an emergency removal, a student can be kept from class until the matter of the alleged misconduct is disposed of either by reinstatement, suspension or expulsion.

In all cases of normal disciplinary procedures in which a student is removed from a curricular or extracurricular activity for less than 24 hours and is not subject to further suspension or expulsion, due process requirements do not apply.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    Chapter 2506
                                            3313.66; 3313.661; 3313.662

CROSS REFS.:    ECAB, Vandalism
                                JFCJ, Weapons in the Schools
                                JGD, Student Suspension
                                JGE, Student Expulsion

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File:  JGE

STUDENT EXPULSION

At times, the behavior of a student can be considered so serious as to justify total removal from the educational program for a prolonged period of time.  Actions meriting expulsion are outlined in the Student Code of Conduct.  Only the Superintendent may expel a student.  Expulsion is the removal of a student for more than 10 days, but not more than one year.  An expulsion can extend beyond the end of the school year if there are fewer school days than expulsion days remaining.  The Superintendent may apply any remaining part or all of the period of the expulsion to the following school year.

The Superintendent may require a student to perform community service in conjunction with or in place of an expulsion.  The Board may adopt guidelines to permit the Superintendent to impose a community service requirement beyond the end of the school year in lieu of applying the expulsion into the following school year.

The Superintendent shall give the student and parent(s) written notice of the intended expulsion, including reasons for the intended expulsion.  The student and parent(s) or representative have the opportunity to appear on request before the Superintendent/designee to challenge the action or to otherwise explain the student’s actions.  This notice shall state the time and place to appear, which must not be fewer than three days nor more than five days after the notice is given.

Within 24 hours of the expulsion, the Superintendent shall notify the parent(s) of the student and Treasurer of the Board.

The notice shall include the reasons for the expulsion, the right of the student or parent(s) to appeal to the Board or its designee, the right to be represented at the appeal and the right to request that the hearing be held in executive session.

The Superintendent will initiate expulsion proceedings against a student who has committed an act that warrants expulsion even if the student withdraws from school before the Superintendent has held the hearings or made the decision to expel the student.

Permanent Exclusion

If the offense is one for which the District may seek permanent exclusion, the notice shall contain that information.

Appeal to the Board

A student or a student’s parent(s) may appeal the expulsion by the Superintendent to the Board or its designee.  They may be represented in all such appeal proceedings and are granted a hearing before the Board or its designee.  All witnesses are sworn and a verbatim record is kept of the hearing which may be held in executive session at the request of the student or parent(s).  The student may be excluded from school during the appeal process.

The procedure to pursue such appeal will be in accord with regulations approved by the Board.  Notice of the intent to appeal the Superintendent’s decision must be made in writing within five calendar days of the Superintendent’s decision to expel.  Notice must be filed through the Treasurer’s office.

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File:  JGE

Appeal to the Court

Under State law, the decision of the Board/designee may be further appealed to the Court of Common Pleas.

Any student who is expelled from school for more than 20 days or into the following semester or school year is referred to an agency which works towards improving the student’s attitudes and behavior.  The Superintendent provides the student and his/her parent(s) with the names, addresses and telephone numbers of the public and private agencies providing such services.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.66; 3313.661; 3313.662

CROSS REFS.:    ECAB, Vandalism
                                IGCI, Community Service
                               JEGA, Permanent Exclusion
                               JFCJ, Weapons in the Schools
                               JGD, Student Suspension
                               JGDA, Emergency Removal of Student

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File:  JHC

STUDENT HEALTH SERVICES AND REQUIREMENTS

The Board recognizes the responsibility of the schools to help protect the health of students.  The services of a nurse or nurses are available to the District.  The principal is responsible for the administration of the health program in his/her school.

Of necessity, school health services must be limited to the prevention and detection of health problems, referral of problems through parents to the family physicians or community health agencies and emergency care.

Each school shall have on file for each student an emergency medical authorization form providing information from the parent(s) on how they wish the school to proceed in the event of a health emergency involving the student and authorization for the school in case emergency action must be taken.

The Superintendent is authorized to retain services of physicians and/or specialists to make examinations of students as required for the protection of health of students and school employees, with reasonable fees for such examination to be paid by the Board.

Annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    The Elementary and Secondary Education Act; 20 USC 1221 et seq.
                               Health Insurance Portability and Accountability Act; 29 USC 1181 et seq.
                               42 U.S.C. Sec. 12101 et seq. (1997)
                               20 U. S.C. 1232 g Sec. 1400 6301 et seq.  (1997)
                               29 U.S.C. Sec 794(a)(1988)
                               ORC    3313.50; 3313.67-3313.73
                               OAC    3301-35-04; 3301-35-06

CROSS REFS.:    IGBA, Programs for Students with Disabilities
                               JED, Student Absences and Excuses
                               JHCB, Inoculations of Students
                               JHCD, Administering Medicines to Students
                               JHG, Reporting Child Abuse

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File:  JHCA

STUDENT HEALTH RECORDS

The District requires health records of students under the following circumstances.

    1.    Pre-School, Kindergarten and first grade students entering school for the first
           time must have a completed health record before being admitted to school.

    2.    Health records are requested for all students transferring into the District.  If the
           previous school does not forward a record or if it is incomplete, it is the parents’
           responsibility to comply with health requirements for students.

    3.    Students must have physical examinations prior to their participation in
           interscholastic athletic programs.

Annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.

[Adoption date:  October 21, 2004]
[Revised date:     June 28, 2007 ]

LEGAL REFS.:    The Elementary and Secondary Education Act; 20 USC 1221 et seq.
                               ORC    3313.50; 3313.671; 3313.673; 3313.68; 3313.73

CROSS REF.:    JHCB, Inoculations of Students

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File:  JHCB

IMMUNIZATIONS

In order to minimize the spread of preventable illnesses in schools and provide students with a healthier learning environment, the Board requires immunizations in compliance with State law and the Ohio Department of Health for each student unless the parent(s) file an objection. The Board may also require tuberculosis examinations in compliance with law.

Students eligible for kindergarten and students new to the District must present written evidence of similar immunizations, or written evidence to indicate that they are in the process of receiving immunizations, to be completed no later than the day of entrance. The District will immediately enroll homeless students and foster students and assist in obtaining necessary immunization records. Students failing to complete immunizations within 14 days after entering are not permitted to return to school.

The District maintains an immunization record for each student, available in writing to parents upon request.

[Adoption date: October 21, 2004]

[Revision date: December 15, 2016]

LEGAL REFS.:  ORC  3313.67; 3313.671; 3313.71; 3313.711

                                       3701.13

CROSS REFS.:   JEC, School Admission

                            JECAA, Admission of Homeless Students

                            JHCA, Physical Examinations of Students

                            JHCC, Communicable Diseases

 

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File:  JHCC

COMMUNICABLE DISEASES

 

The Board recognizes that controlling the spread of communicable diseases through casual contact is essential to the well-being of the school community and to efficient District operation.

In order to protect the health and safety of students and staff, the Board follows all State laws and Ohio Department of Health regulations pertaining to immunizations and other means for controlling communicable diseases that are spread through casual contact in the schools.

All students with signs or symptoms of diseases suspected as being communicable to others are given immediate attention and sent home if such action is indicated.

Any student suspected or reported to have a communicable disease is examined by a school nurse or public health nurse.  Upon the recommendation of the school nurse, the student may be excluded from school.  Readmission is dependent upon a decision by a physician, school nurse or public health nurse. 

Parents are informed when a communicable disease occurs in their child’s classroom or on the bus so that early signs or symptoms can be observed and appropriate preventive measures can be instituted.

[Adoption date: October 21, 2004]
[Revised date: June 28, 2007]
[Revised date: December 19, 2013]

LEGAL REFS.:  ORC  3313.67; 3313.671; 3313.68; 3313.71
                                    3319.321
                                    3707.04; 3707.06; 3707.08; 3707.16; 3707.20; 3707.21; 3707.26

CROSS REFS.:   JHCA, Physical Examinations of Students
                            JHCB, Immunizations

 

 

 

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File:  JHCCA (Also GBEA)

HIV/AIDS
(Human Immunodeficiency Virus/
Acquired Immune Deficiency Syndrome)

General Principles

The Board recognizes that the human immunodeficiency virus (HIV) and the condition of acquired immune deficiency syndrome (AIDS), which is caused by the HIV infection, are significant medical, legal, educational and social issues.  The Board desires to protect the rights of all students and employees and does not discriminate against students and employees who are HIV-infected.  The Board works cooperatively with State and local health organizations in assessing the needs of HIV-infected students or staff and keeping updated on current educational information to be included in the District’s educational plan.

Current medical information available indicates that HIV cannot be transmitted from one individual to another by casual contact, i.e., the type of contact that occurs in the school setting, such as shaking hands, sharing an office or a classroom, coughing, sneezing or the use of drinking fountains.  Students who are infected with HIV are entitled to all rights, privileges and services accorded to other students.  Decisions about any changes in the educational program of an HIV-infected student shall be made on a case-by-case basis, relying on the best available scientific evidence and medical advice.

There shall be no discrimination against employees who are HIV-infected.  The District provides equal opportunities for employment, retention and advancement for all staff members.  Employees who are unable to perform their duties due to an illness, such as those related to HIV, shall retain eligibility for all benefits that are provided for other employees with long-term diseases or disabling conditions, utilizing the information/rights in any Negotiated Agreements or Board policies as appropriate.  Changes in employment status or location due to HIV complications are made on a case-by-case basis.

Evaluating Students and Staff Who Are Infected with HIV

The Superintendent is the designee regarding all HIV incidences.  When an individual is found to be infected with HIV, the Superintendent shall attempt to ascertain, in consultation with the infected individual, whether he/she has a secondary infection such as tuberculosis that constitutes a recognized risk of transmission in the school setting.  This is a medical question that can only be determined by the infected person's physician.  The Superintendent shall also attempt to determine ways that the District may help anticipate and meet the needs of the student or staff member infected with HIV.

If there is no secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall not alter the education program or job assignment of the infected person.  The Superintendent shall periodically review the case with the infected person (and the parent(s) of the student) and with the medical advisors described above.

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File:  JHCCA (Also GBEA)

If there is a secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall consult with the physician, public health official and the infected person (and the parent(s) of the student).  If necessary, they will develop an individually tailored plan for the student or staff member.  Additional persons may be consulted, if this is essential for gaining additional information, with the consent of the infected staff member or the student’s parent(s).  The Superintendent should consult with the school attorney to make sure that any official action is consistent with Ohio and Federal laws.  When the Superintendent makes a decision about the case, there shall be a fair and confidential process for appealing the decision.  

If an individually tailored plan is necessary, it shall have a minimal impact on either education or employment.  It must be medically, legally, educationally and ethically sound.  The Superintendent periodically reviews individual cases and oversees implementation of the plan in accordance with local, Ohio and Federal laws.

Confidentiality

Information regarding a student or staff member infected with HIV is classified, by law, as confidential.  Those individuals who have access to the proceedings, discussions or documents must treat such information as confidential.  Only with the written consent of the staff member or the student’s parent(s) shall other school personnel, individuals and agencies be informed of the situation/condition.  All information pertaining to the case shall be kept by the Superintendent in a locked file; access to this file is granted only to those people who have the written consent of the infected staff member or the infected student’s parent(s).

HIV Advisory Committee

The President of the Board may appoint an HIV Advisory Committee.  The committee consists of one member of the Board, the Superintendent, one principal, one teacher, the District’s legal counsel, the school physician and a doctor who specializes in communicable diseases.  Other persons who may be considered as members include a guidance counselor, a student and an official of the County Department of Health.  The function of the HIV Advisory Committee is:

    1.    to keep informed regarding the latest medical developments and information
           regarding HIV;

    2.    to advise the Board regarding policies and regulations and any changes which
           the committee recommends in such policies to the Board;

    3.    to advise the Board regarding the HIV education program;

    4.    to develop guidelines for Board consideration on hygienic practices in schools
           and

    5.    to assist any student, parent or employee who is seeking information about HIV.

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File:  JHCCA (Also GBEA)

HIV Education Program

The Board may direct the administration, with the advice of the HIV Advisory Committee, to develop a program for educating persons regarding HIV.  The program should provide a plan for making information about HIV available to students as a part of the health curriculum.  HIV education should be developmentally appropriate to the grade level.

The Board directs the administration to develop an educational plan to inform employees about HIV-related issues and safety.  In developing such programs, it is expected that information from sources such as the National Centers for Disease Control, the Ohio Department of Health and the Ohio Department of Education is utilized.

The educational program should ensure that, at a minimum, students and staff are informed in a consistent manner about:

    1.    the nature of HIV infection, including how it is and is not transmitted according to
           current scientific evidence;

    2.    District guidelines related to students and employees with diseases such as
           HIV infection;

    3.    resources within the District and the surrounding community for obtaining
           additional information or assistance and

    4.    procedures to prevent the spread of all communicable diseases at school.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Family and Medical Leave Act; 29 USC 2611 et seq.
                              ORC    3313.67; 3313.68; 3313.71
                                           3319.13; 3319.141; 3319.321
                                           3701.13; 3701.14
                                           3707.06; 3707.08; 3707.20; 3707.21; 3707.26
                                           3709.20; 3709.21
                              OAC    3301-35-02

CROSS REFS.:    AC, Nondiscrimination
                                ACB, Nondiscrimination on the Basis of Disability
                                EBBC, Bloodborne Pathogens
                                GBA, Equal Opportunity Employment
                                GBE, Staff Health and Safety
                                GBL, Personnel Records
                                JB, Equal Educational Opportunities
                                JO, Student Records
                                Staff and Student Handbooks

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File:  JHCD

ADMINISTERING MEDICINES TO STUDENTS

Many students are able to attend school regularly only through effective use of medication in the treatment of disabilities or illnesses that do not hinder the health or welfare of others.  If possible, all medication should be given by the parent(s) at home.  If this is not possible, it is done in compliance with the following.

    1.     Only employees of the Board who are licensed health professionals, or who are appointed by the Board and have completed a drug administration training program conducted by a licensed health professional and considered appropriate by the Board, can administer prescription drugs to students.

    2.    The school nurse or an appropriate person appointed by the Board supervises the secure and proper storage and dispensation of medications.  The drug must be received in the container in which it was dispensed by the prescribing physician or others licensed to prescribe medication.

    3.    Written permission must be received from the parent(s) of the student, requesting that the school nurse or an appropriate person comply with the physician’s order.

    4.    The school nurse or other designated individual must receive and retain a statement which complies with State law and is signed by the physician who prescribed the drug or other person licensed to prescribe medication.

    5.    The parent(s) must agree to submit a revised statement, signed by the physician or other licensed individual who prescribed the drug, to the nurse or other designated individual if any of the information originally provided by the physician or licensed individual changes.

    6.    No employee who is authorized by the Board to administer a prescribed drug and who has a copy of the most recent statement is liable in civil damages for administering or failing to administer the drug, unless he/she acts in a manner which would constitute “gross negligence or wanton or reckless misconduct.”

    7.    No person employed by the Board is required to administer a drug to a student except pursuant to requirements established under this policy.  The Board shall not require an employee to administer a drug to a student if the employee objects, on the basis of religious convictions, to administering the drug.

Inhalers for Asthma

Students have the right to possess and use a metered-dose inhaler or a dry-powder inhaler to alleviate asthmatic symptoms or before exercise to prevent the onset of asthmatic symptoms.  The right applies at school or at any activity, event or program sponsored by or in which the student’s school is a participant.  

In order for a student to possess the inhaler, he/she must have written approval from the student’s physician and parent or other caretaker.  The principal and/or the school nurse must have received copies of these required written approvals.

Epinephrine Autoinjectors

Students are permitted to carry and use an epinephrine autoinjector (epipen) to treat anaphylaxis (severe allergic reactions).  The right to carry and use an epipen extends to any activity, event or program sponsored by the student’s school or activity, event or program in which the school participates.

Student possession of an epipen is permitted only if the student has written approval from the prescriber of the medication and, if a minor, from his/her parent.  Written approval must be on file with the principal and, if one is assigned, the school nurse.  In addition, the principal or school nurse must receive a backup dose of the medication from the parent or student.


[Adoption date:  October 21, 2004]
[Revision date:  September 18, 2014]


LEGAL REFS.:    ORC    2305.23; 2305.231
        3313.64; 3313.712; 3313.713; 3313.716; 3313.718
        3314.03; 3314.141
    OAC    3301-35-06


CROSS REFS.:    EBBA, First Aid
    JFCH, Alcohol Use by Students
    JFCI, Student Drug Abuse

 

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File:  JHCD-R

ADMINISTERING MEDICINES TO STUDENTS

Students needing medication are encouraged to receive the medication at home, if possible.

    1.    The person or persons designated to administer medication receives a written
            request, signed by the parent(s) having care or charge of the student, that the
            medication be administered to the student.

    2.    Each person designated to administer medication receives a statement,
            signed by the physician or other person licensed to prescribe medication,
            which includes all of the following information:

             A.    the name and address of the student;

             B.    the school and class in which the student is enrolled;

             C.    the name of the medication and the dosage to be administered;

             D.    the times or intervals at which each dosage of the medication is to be
                     administered;

             E.    the date on which the administration of the medication is to begin;

             F.    the date on which the administration of the medication is to cease;

             G.    any severe adverse reactions which should be reported to the physician
                     and one or more telephone numbers at which the person who prescribed
                     the medication can be reached in case of an emergency and

             H.    special instructions for administration of the medication, including sterile
                     conditions and storage.

    3.    The parent(s) agree to submit a revised statement signed by the physician who
            prescribed the medication to the person designated to administer medication if
            any of the information provided by the person licensed to prescribe medication
            as described above changes.

    4.    The person authorized to administer the medication receives a copy of the
            statement described above.

    5.    The medication is received by the person authorized to administer the
           medication to the student for whom the medication is prescribed in the
           container in which it was dispensed by the prescribing physician or other
           licensed professional.  The parent agrees to assume all responsibility to ensure
           safe delivery of the prescribed medication and its accompanying signed
           permission form to the designated school official.

    6.    Parent Permission for Administration of Medication form must be submitted
           annually at the start of the school year and each time instructions and/or
           medication changes.

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File:  JHCD-R

The person designated by the Board establishes a location in each school building for the storage of medications to be administered.  All such medications shall be stored in that location in a locked storage place.  Medications which require refrigeration may be kept in a refrigerator in a place not commonly used by students.

No person who has been authorized by the Board to administer a medication and has a copy of the most recent statement which was given to him/her prior to administering the medication is liable for administering or failing to administer the medication, unless such person acts in a manner which constitutes “gross negligence or wanton or reckless misconduct.”

A person employed by the Board is not required to administer a prescribed medication to a student unless a Board regulation establishes a requirement; furthermore, the Board shall not require an employee to administer a medication to a student if the employee objects, on the basis of religious convictions, to administering the medication.

Board policy and regulations regarding dispensation of medication must be formally adopted by the Board and may be changed, modified or revised only by action of the Board.

Inhalers

In order for a student to possess and use an inhaler, he/she must have written approval from the student’s physician and parent or other caretaker.  The principal and/or the school nurse must have received copies of these required written approvals.

The physician’s written approval must specify the minimum following information:

    1.    the student's name and address;

    2.    the name of the medication contained in the inhaler;

    3.    the date the administration of the medication is to begin;

    4.    the date, if known, that the administration of the medication is to cease;

    5.    written instructions which outline the procedures school personnel should follow
            in the event that the asthma medication does not produce the expected relief
            from the student's asthma attack;

    6.    any severe adverse reactions that may occur to the student using the inhaler
           that should be reported to the physician;

    7.    any severe reactions that may occur to another student for whom the inhaler is
           not prescribed, should he/she receive a dose of the medication;

    8.    at least one emergency telephone number for contacting the physician;

    9.    at least one emergency telephone number for contacting the parent, guardian or
           other person having care or charge of the student in an emergency and

10.    any other special instructions from the
physician.

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File:  JHCD-R

In no circumstances will the District, any member of the Board or any Board employee be liable for injury, death or loss of person or property when a District employee prohibits a student from using an inhaler because the employee believes in good faith that the required written approvals have not been received by the principal.  Additionally, liability cannot accrue because the employee permits the use of an inhaler when the employee believes in good faith that the written approval(s) have been received by the appropriate authority.

(Approval date:  October 21, 2004)

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File: JHCD -R- 1

ADMINISTERING MEDICINES TO STUDENTS
(General Regulation)

Students needing medication are encouraged to receive the medication at home, if possible.

Only employees of the Board who are licensed health professionals, or who are appointed by the Board and have completed a drug administration training program conducted by a licensed health professional and considered appropriate by the Board, can administer prescription drugs to students.

    1.    The person or persons designated to administer medication receives a written request, signed by the parent(s) having care or charge of the student, that the drug be administered to the student.

    2.    Each person designated to administer medication receives a statement, signed by the physician or other person licensed to prescribe medication, which includes all of the following information:

    A.    the name and address of the student;

    B.    the school and class in which the student is enrolled;

    C.    the name of the drug and the dosage to be administered;

    D.    the times or intervals at which each dosage of the drug is to be administered;

    E.    the date on which the administration of the drug is to begin;

    F.    the date on which the administration of the drug is to cease;

    G.    any severe adverse reactions which should be reported to the physician and one or more telephone numbers at which the person who prescribed the medication can be reached in case of an emergency and

    H.    special instructions for administration of the drug, including sterile conditions and storage.

    3.    The parent(s) agree to submit a revised statement signed by the physician who prescribed the drug to the person designated to administer medication if any of the information provided by the person licensed to prescribe medication as described above changes.

    4.    The person authorized to administer the drug receives a copy of the statement described above.

    5.    The drug is received by the person authorized to administer the drug to the student for whom the drug is prescribed in the container in which it was dispensed by the prescribing physician or other licensed professional.
                
        The person designated by the Board establishes a location in each school building for the storage of drugs to be administered.  All such drugs shall be stored in that location in a locked storage place.  Drugs that require refrigeration may be kept in a refrigerator in a place not commonly used by students.

No person who has been authorized by the Board to administer a drug and has a copy of the
most recent statement which was given to him/her prior to administering the drug is liable for administering or failing to administer the drug, unless such person acts in a manner which constitutes “gross negligence or wanton or reckless misconduct.”

A person employed by the Board is not required to administer a prescribed drug to a student unless a Board regulation establishes a requirement; furthermore, the Board shall not require an employee to administer a drug to a student if the employee objects, on the basis of religious convictions, to administering the drug.

Board policy and regulations regarding dispensation of medication must be formally adopted by the Board and may be changed, modified or revised only by action of the Board.


[Adoption date:  October 21, 2004]
[Revision date:  September 18, 2014]

 

File:  JHCD-R-2

ADMINISTERING MEDICINES TO STUDENTS

(Use of Asthma Inhalers)

In order for a student to possess and use an inhaler, he/she must have written approval from the student’s physician and parent or other caretaker.  The principal and/or the school nurse must have received copies of these required written approvals.

The physician’s written approval must specify the minimum following information:

       1.     the student’s name and address;

       2.     the name of the medication contained in the inhaler;                              

       3.     the date the administration of the medication is to begin;

       4.     the date, if known, that the administration of the medication is to cease;

       5.     written instructions that outline the procedures school personnel should follow in the event that the asthma medication does not produce the expected relief from the student’s asthma attack;

       6.     any severe adverse reactions that may occur to the student using the inhaler that should be reported to the physician;

       7.     any severe reactions that may occur to another student for whom the inhaler is not prescribed, should he/she receive a dose of the medication;

       8.     at least one emergency telephone number for contacting the physician;

       9.     at least one emergency telephone number for contacting the parent, guardian or other person having care or charge of the student in an emergency and

     10.     any other special instructions from the physician.

In no circumstances will the District, any member of the Board or any Board employee be liable for injury, death or loss of person or property when a District employee prohibits a student from using an inhaler because the employee believes, in good faith, that the required written approvals have not been received by the principal.  Additionally, liability cannot accrue because the employee permits the use of an inhaler when the employee believes, in good faith, that the written approval(s) have been received by the appropriate authority.

[Adoption date:  October 21, 2004]

[Revision date: September 18, 2014]

File: JHCD-R-3

ADMINISTERING MEDICINES TO STUDENTS
(Use of Epinephrine Autoinjectors)

Student Possession of Epinephrine Autoinjectors

Student possession of an epi-pen is permitted only if the student has written approval from the prescriber of the medication and, if a minor, from his/her parent. Written approval must be on file with the principal and, if one is assigned, the school nurse. In addition, the principal or school nurse must receive a backup dose of the medication from the parent or student.

The prescriber’s written approval must specify at least the following information:

1.    student’s name and address;
2.    names and dose of the medication contained in the autoinjector;
3.    the date the administration of the medication is to begin and, if known, the date the administration of the medication is to cease;
4.    acknowledgement that the prescriber has determined that the student is capable of possessing and using the epi-pen appropriately and has provided the student with training in the proper use of the epi-pen;
5.    circumstances in which the epi-pen should be used;
6.    written instructions that outline procedures school personnel should follow if the student is unable to administer the medication or the medication does not produce the expected relief from the student’s anaphylaxis (allergic response);
7.    any severe reaction that:
A.    the student may experience that should be reported to the prescriber or
B.    that may occur to another student for whom the medication is not prescribed, if that student receives a dose of the medication;
8.    at least one emergency telephone number each for contacting the prescriber and the parent and
9.    any other special instructions from the prescriber.

District Procured Epinephrine Autoinjectors

The Board may procure epinephrine autoinjectors for each school operated by the District to have on the school premises for use in emergency situations. If the Board chooses to procure epinephrine autoinjectors for each school, the Superintendent shall adopt an administrative guideline governing the maintenance and use of epinephrine autoinjectors. Before adopting the administrative guideline, the Superintendent shall consult with a licensed health professional authorized to prescribe drugs.

The administrative guideline shall:

1.    include a protocol, issued by a licensed health professional authorized to prescribe drugs, specifying definitive orders for epinephrine autoinjectors and the dosage of epinephrine to be administered through them;
2.    identify one or more locations in each school operated by the district in which an epinephrine autoinjector must be stored;
3.    specify the conditions under which an epinephrine autoinjector must be stored, replaced, and disposed;
4.    specify those individuals employed by or under contract with the Board, in addition to a licensed school nurse or a licensed athletic trainer, who may access and use an epinephrine autoinjector to provide a dosage of epinephrine to an individual in an emergency situation;
5.    specify any training that employees or contractors, other than a licensed school nurse or licensed athletic trainer, must complete before being authorized to access and use an epinephrine autoinjector;
6.    identify the emergency situations, including when an individual exhibits signs and symptoms of anaphylaxis, in which a licensed school nurse, licensed athletic trainer, or other identified employees or contractors may access and use an epinephrine autoinjector;
7.    specify that assistance from an emergency medical service provider must be requested immediately after an epinephrine autoinjector is used; and
8.    specify the individuals to whom a dosage of epinephrine may be administered through an epinephrine autoinjector in an emergency situation.
Use of Epinephrine Autoinjectors

Whenever an individual is administered epinephrine at school or at an activity, event or program sponsored by the school or in which the school is a participant, a school employee must immediately request assistance from an emergency medical service provider. Additionally, the use of an epinephrine autoinjector that was procured by the District shall be reported to the department of education.

The Board and District employees are not liable in damages in a civil action for injury, death or loss to person or property allegedly arising:

1.    if a school employee prohibits a student from using an epi-pen because he/she has a good faith belief that the conditions for carrying and using the medication have not been satisfied;
2.    if a school employee permits a student to carry and use an epi-pen because of the good faith that the conditions have been satisfied;
3.    if, in instances in which a student is rightfully permitted to carry an epi-pen, the medication is used by a student for whom it was not prescribed; or
4.    for any act or omission associated with procuring, maintaining, accessing, or using an epi-pen, unless the act or omission constitutes willful or wanton misconduct.
All immunities granted to schools under the sovereign immunity law or any other law apply.

[Approval date:  September 18, 2014]

 

File:  JHCD-1-E

PHYSICIAN PERMISSION FOR ADMINISTRATION OF MEDICATION TO STUDENTS

The following student is under my care and should receive the medication indicated below.  Since it is not possible to arrange for this medication to be taken at home under parent supervision, it is requested that it be administered at school.

Name of Student: __________________ Grade: _________ School: ________

Address of Student:_______________________________________________

______________________________________________________________

Name of prescribed medication, dosage and method of administration:________

_______________________________________________________________

Times and intervals medication is to be administered: ______________________

_______________________________________________________________
                            
Severe adverse reactions that should be reported to the physician: ____________

_______________________________________________________________

Date: ______________    Physician’s Signature __________________________

___________________ Physician’s Name and Telephone Number ___________

*** One medication per form

*** Any revision to physician’s prescription requires a new form

*** Parent agrees to notify school nurse of any revision of physician

Prescription
________________________________________________________________

To be completed by school

Person(s) authorized to administer medication for this student.  Principal should list name(s).

________________________________    ______________________________

________________________________    ______________________________

Nurse’s Signature ___________________________  Date _________________           
Principal’s Signature _________________________  Date _________________

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File:  JHCD-2-E

PARENT/GUARDIAN PERMISSION FOR ADMINISTRATION
OF MEDICATION TO STUDENTS

The parent or guardian who has custody of the student must sign this release.  If the student is in a foster home and placement is by an agency that holds custody, the agency must sign.

I hereby request, authorize and give my consent to the principal or his/her delegate (school nurse or other trained person) to store and administer the following medication for my child.

Student name: ______________________________________________________                            
Student address: ____________________________________________________                            
Name of prescribed medication: ________________________________________                    
Dosage and time(s) to be administered:___________________________________             
I hereby release Miamisburg City Schools and all employees from any liability or damages resulting from the consequences or adverse reactions of my child’s taking, or failing to take, this medication at the time prescribed.  I also understand that if the medication dosage or time of administration is changed, I must submit a new “Physician Permission” form indicating the change.  I also acknowledge that all medication must be in the original container in which it was purchased.

Date _____________      Parent/guardian signature ________________________

                                              Home telephone number _________________________              
                                               Work telephone number _________________________

                                             Physician name and number ______________________

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File:  JHCD-3-E

SELF-MEDICATION FOR ASTHMA INHALERS
(Authorization Form)

Student Name:______________________________ Date____________________

Address:___________________________________________________________                              
Medication Name: ___________________________________________________                    
Dosage: __________________________________________________________                    
Date the administration is to begin: ______________________________________            
Date the administration is to cease: ______________________________________            
__________________________________________________________________


Adverse reactions that should be reported to the physician:  ____________________

__________________________________________________________________

Adverse reactions for unauthorized user: __________________________________

__________________________________________________________________

Procedure to follow in the event that medication does not produce the expected relief from student’s asthma attack:  __________________________________________

__________________________________________________________________

__________________________________________________________________                          
Other special instructions:______________________________________________

__________________________________________________________________

Physician and parent/guardian names, signatures and emergency phone numbers:

Physician Name: ________________________  Phone: _____________________

Signature ______________________________ Date _______________________            
Parent/Guardian Name:___________________   Phone (work) ________________

                                                                                       Home  _____________________
                                                                                       Other ______________________ Signature ______________________________  Date ______________________

Copies must be provided to the principal and to the school nurse if one is assigned to the student’s building.

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File:  JHCE (Also GBED)

HAND WASHING

Studies have shown that hand washing and personal hygiene are the most important measures a person can use to prevent illness and communicable disease. Many germs can live for long periods on tables, counters and other hard surfaces. Hand washing with soap and warm water for a minimum of twenty (20) seconds, paying close attention to the surfaces between the fingers and on the back of the hands, is best for removing dirt and germs. The proper use of hand sanitizers is also useful in controlling the spread of germs.

It is the policy of Miamisburg City Schools that students and staff will implement the best practices of hand washing. Some of the best practices of hand washing outlined by the Ohio Department of Health include:

1.    After using the rest room;
2.    Before and after eating;
3.    If their hands are visibly soiled;
4.    If the student or staff member has encountered chemicals or other items, such as soil, in a science lab, art room, vocational facility or other educational venue that soils hands;
5.    If the student or staff member encountered chemicals during cleaning the school environment;
6.    After cleaning animal habitats or handling animals;
7.    Before and after each task when preparing food in any class such as family science or an integrated class;
8.    After athletic practices and games;
9.    If the student or staff member has encountered bodily fluids (e.g. blood, nasal discharge, mucous from coughing, etc.;
10.    After recess;
11.    After sneezing or coughing.

When soap and water are not available and hands are not visibly soiled, CDC guidance adds that alcohol-based, waterless disposable hand wipes or gel sanitizers may be used in place of hand washing on most occasions. Not all sanitizers are effective, however. A 60 percent minimum alcohol concentration is necessary to kill most harmful bacteria and viruses.

Hand washing signs will be posted at all rest rooms and/or hand sinks.

Soap, warm water and towels or an air dryer will be located at all hand washing areas.

The school will provide education in hand washing and hand hygiene at least once every school year.


[Adoption date:  September 17, 2009]

CROSS REF.:  GBED, Hand Washing

OTHER REF.: Ohio Department of Health, Montgomery County Combined Health District

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File:  JHF

STUDENT SAFETY

The objectives of safety instruction in the District include:

    1.    learning how to practice safety and prevent accidents;

    2.    learning how to safely use and properly care for tools and equipment so as to
           reduce the potential for accidents;

    3.    developing habits of good housekeeping, proper storage and handling of
           materials, and sanitation;

    4.    becoming familiar with personal protection devices and the proper clothing to
           be worn for safety purposes and

    5.    learning how to cooperate with others in the promotion and operation of a safety
           program in the schools and on school vehicles.

Instruction in courses in industrial technology, science, family consumer science, art, physical education, health and safety includes and emphasizes safety and accident prevention.

Safety instruction precedes the use of materials and equipment by students in the courses listed above, and instructors teach and enforce all safety rules established for the particular courses.  These include the wearing of personal protective devices in appropriate situations.

Staff members instruct students not to accept gifts or automobile rides from strangers.  Students are also instructed to tell staff members, parents, law enforcement officials or school safety patrols of any suspicious strangers in or around school property.

The Board provides instruction in personal safety and assault prevention in pre-school through grade 6.  Upon the written request of a parent, a student shall be excused from such instruction.

In an attempt to further ensure student safety, staff members:

    1.    shall not send students on errands that would require the student to leave school
           property and/or drive a vehicle;

    2.    shall not attempt to counsel, assess, diagnose or treat a student’s personal
           problem relating to sexual behavior, substance abuse, mental or physical health
           and/or family relationships but, instead, should refer the student to the
           appropriate individual or agency for assistance;

    3.    shall not disclose information concerning a student, other than directory
           information, to any person not authorized to receive such information.  This
           includes, but is not limited to, information concerning assessments, ability
           scores, grades, behavior, mental or physical health and/or family background
           and

    4.    shall, pursuant to law and Board policy, immediately report any suspected signs
            of child abuse or
neglect.

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Buildings are inspected annually to detect and remedy health and safety hazards.  Staff members shall immediately report to the building administrator any accident or safety hazard he/she detects.  The Superintendent is authorized and directed to develop appropriate means for the implementation of this policy.

[Adoption date:  October 21, 2004]
[Revised date:     June 28, 2007 ]

LEGAL REFS.:    ORC    3313.60; 3313.643; 3313.96
                                            3705.05
                                            3737.73
                                            4107.31
                               OAC    3301-35-03

CROSS REFS.:    AFI, Evaluation of Educational Resources
                                EB, Safety Program
                                EBD, Crisis Management
                                JEE, Student Attendance Accounting (Missing and Absent Children)
                                JHG, Reporting of Child Abuse
                                JHH, Notification About Sex Offenders

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REPORTING CHILD ABUSE

All employees of the District who know or suspect that a child under 18 years of age or a disabled child under 21 years of age has suffered or is suffering any type of abuse or neglect are required to report such information to the Public Children Services Agency or the local law enforcement agency.  Procedures for reporting to ensure prompt reports are made known to the school staff.

To ensure prompt reports, procedures for reporting are made known to the school staff.  A person who participates in making such reports is immune from any civil or criminal liability, provided the report is made in good faith.

The Board shall develop a program of in-service training in child abuse prevention for all elementary school nurses, teachers, counselors, school psychologists and administrators.  The Board shall develop this program in consultation with public or private agencies or persons involved in child abuse prevention or intervention programs.

Each person employed by the Board to work as an elementary school nurse, teacher, counselor, school psychologist or administrator shall complete at least four hours of in-service training in child abuse prevention within three years of commencing employment with the District.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    2151.421
                                           3319.073

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File:  JHG-R

REPORTING CHILD ABUSE

The Board recognizes the serious problems associated with child abuse and neglect.  The Board further recognizes that school employees, being in a unique position to help identify potential cases of abuse and neglect, have a legal responsibility to intervene in the best interest of those students who may be victimized by abusive or neglectful situations.

The Board recognizes the School Social Worker as the Montgomery County Children’s Services/School liaison.

Referrals for Child Abuse and Neglect

Any school employee who suspects, or has reason to suspect, that a child has been abused or neglected must personally report this fact to Montgomery County Children’s Services (ORC 2151.421).  This report will be made by phone by calling CSB Intake at 224-5437 or in person and will be made as soon as the abuse or neglect is brought to their attention.  If there is any doubt or question as to the need for reporting on a specific case, a referral is to be made to Children’s Services.

Reports of abuse and neglect should contain sufficient information to locate the child and assess his/her safety.  The report shall include:

    1.    names and addresses of child, child’s parents and/or persons having custody of
           child and

    2.    the child’s age and the nature and extent of the child’s known or suspected
           injuries, abuse or neglect, or of the known suspected threat of injury, abuse or
           neglect.

When making the phone report, complete the confidential report of Suspected Child Abuse and Neglect form.  Have all witnesses to the abuse sign the form on the spaces provided.  Fax the completed form to the School Social Worker, 865-5250.

The School Social Worker is responsible for the coordination of the suspected abuse and neglect cases to Children’s Services.  When possible, the School Social Worker’s name should be indicated at the time of the report to Children’s Services.  The School Social Worker:

    1.    may request that the school nurse assist in determining possible areas of
           trauma visible on the child.

    2.    or principal, as appropriate, may request police photographs of the areas of
           trauma visible on the child and such evidence shall be forwarded to Children’s
           Services, consistent with ORC 2151.421 (C3).

    3.    must immediately be notified if the child is not in school on the next scheduled
           day of attendance.  The reason for absence is to be investigated by the School
           Social Worker.  The abuse/neglect report investigation is the responsibility of
           the Children’s Services Board.

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    4.    maintains contact with Montgomery County Children’s Services to assist in the
           coordination of services between the family, school and Children’s Services.  If
           the School Social Worker is not available to coordinate services in an
           emergency situation, the principal will contact an appropriate party to assist
           Children’s Services.

In situations where the school has not made the referral, Children’s Services will coordinate the efforts to interview children through the School Social Worker.  The interviews will be scheduled in a timely manner.

The following legal references and paraphrase of the statutes relating to child abuse and neglect are incorporated herein:

ORC 2151.421 and OARC 5101:2-34-04 require the following school professionals to personally report incidents of suspected abuse or neglect:

    1.    school psychologist

    2.    speech pathologist

    3.    audiologist

    4.    registered or practical nurse

    5.    teacher

    6.    school employee

    7.    administrators

    8.    licensed professional counselor

Failure to report can result in criminal penalties.

ORC 2151.99 and OARC 5101:2-34-04 explain that failure to report child abuse and neglect is a misdemeanor of the fourth degree.

(Approval date:  October 21, 2004)

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CONFIDENTIAL REPORT OF SUSPECTED CHILD ABUSE AND NEGLECT

Child’s Last Name:__________________Child’s First name, M.I.:_______________
                                                                                                                                         AM
Date of Birth:_______ Sex:______ Date of Injury:_______ Time of Injury:_____ PM

Address of Child at Time of Injury:____________________ City:________________

Mother’s Full Name:_________________  Father's Full Name: _________________

Mother’s Address:__________________   Father's Address: __________________

Mother’s Soc. Sec. No.:_____ Phone:____ Father’s Soc. Sec. No.:_____ Phone:___

Name of Alleged Perpetrator:__________________ Relationship to Child:________
Address:____________________________________ Phone:________________

First Name of Siblings (last name if different) DOB Any AKA's
     

Nature and Extent of Abuse or Neglect

_________________________________________________________________
Evidence of any Previous Abuse, Injury or Neglect

_________________________________________________________________
Your Agency Involvement

_________________________________________________________________


Agencies Notified: ___    Police ___    Hosp. Soc. Serv. ___  Other (specify):______
Date Reported: ____ Person Reporting: ______ Phone:______ Agency Name:____
If Oral Report made, give  Date:_____ Hour:____ To Whom Reported____________

Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______

Mail white copy to: Central Intake, Mont. Co. Children Services; 3501 Merrimac Avenue, Dayton, OH  45405 (937) 276-8121, FAX: (937) 276-6597.  Retain yellow copy for your file.

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File:  JHH

NOTIFICATION ABOUT SEX OFFENDERS

Megan’s Law requires certain sexual predators and sex offenders to register with the sheriff in the county of their residence.  In some circumstances the sheriff notifies the Superintendent that a sexual predator or habitual sex offender has moved into the area.

If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent disseminates the information regarding the sexual predator or habitual sex offender to employees whose duties include supervision of or responsibility for students.  Employees who receive the information are instructed to promptly notify the Superintendent if the sexual predator or habitual sex offender is observed in the vicinity of the school.  The Superintendent notifies the local law enforcement agency if, in the judgment of the Superintendent, the presence of the sexual predator or habitual sex offender appears to be without a legitimate purpose or otherwise creates concern for the safety of the students.  The law enforcement agency evaluates the situation and takes whatever action it deems appropriate.  The law enforcement agency informs the Superintendent of any action taken and may provide advice regarding any additional action which the Superintendent should consider taking.

If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent may inform parents, guardians and adult students that he/she has received notice that a sexual predator or habitual sex offender is residing within the District and that certain information concerning the offender is public record and is open to inspection at the office of the sheriff with whom the offender has registered.

If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, he/she shall not release any other information and shall direct any inquiries to the office of the sheriff with whom the offender has registered.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    Chapter 2950, Section149.93
                               OAC    Chapter 109:5-2

CROSS REF.:    GBQ, Criminal Record Check

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File:  JK

EMPLOYMENT OF STUDENTS

Students’ school responsibilities are to take precedence over nonschool-related jobs.  If students need to work while attending school, they are cautioned against assuming work commitments which interfere with their studies and achievement in school.  Opportunities for employment are provided through work-experience programs and as noted below.

Work Permits

In compliance with law, the Superintendent is responsible for processing requests for and issuing work permits as necessary.  Employment must meet all legal requirements pertaining to jobs suitable for minors.

In-School Employment

Part-time and summer jobs may be open to students commensurate with their abilities and the needs of the school for student help.  The Board also authorizes the District to provide cooperative work-experience programs.

The Board approves appointments and establishes pay rates.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.56; 3313.93
                                            3321.08-3321.11
                                            3331.01-3331.15
                                            Chapter 4109
                                            4111.02
                               48 USC 1324a et seq.

CROSS REF.:    JEG, Exclusions and Exemptions from School Attendance

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STUDENT GIFTS AND SOLICITATIONS

There are differences in the economic status of families represented by the students in the District, and the Board wishes to avoid any embarrassment to students or hardship on families which lack financial resources.  The Board does not wish to burden the community with numerous, repeated solicitations by the students.

The following guidelines are in effect.

    1.    Teachers discourage gifts from students.  Notes of appreciation are
            appropriate.

    2.    Charity or general solicitations from students are permitted only after written
           approval has been given by the Superintendent.  The Superintendent/designee
           annually approves all solicitations which are permitted in the schools.

    3.    There is no solicitation of money from local industry, businesses, District
            residents, parents or by any school organization without the approval of the
            Superintendent.  All solicitations and fund-raising activities by student groups
            must be in compliance with the District’s policy on student fund-raising
            activities.

    4.    When the graduating class wishes to present a gift to the school, it is
            encouraged to donate the balance of the class fund to a school service project,
            the school scholarship fund or to present a gift that has long-lasting benefit to all
            students in the District.

    5.    Permission is never given for the school to sponsor nonschool fund-raisers or to
           provide for student involvement in such activities.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    3313.20

CROSS REFS.:    GBI, Staff Gifts and Solicitations
                                 IGDF, Student Fund-Raising Activities
                                 KI, Public Solicitations in the Schools
                                 KJ, Advertising in the Schools

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STAFF-STUDENT RELATIONS

The relationship between the District’s staff and students must be one of cooperation, understanding and mutual respect.  Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.

Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times.  By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.

Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided.  Excessive informal and/or social involvement with individual students is prohibited.  Such conduct is not compatible with professional ethics and, as such, will not be tolerated.

Staff members are expected to use good judgment in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.

    1.    Staff members shall not make derogatory comments to students regarding the
           school and/or its staff.

    2.    The exchange of purchased gifts between staff members and students is
            discouraged.

    3.    Staff-sponsored parties at which students are in attendance, unless they are a
           part of the school’s extracurricular program and are properly supervised, are
           prohibited.

    4.    Staff members shall not fraternize, written or verbally, with students except on
           matters that pertain to school-related issues.

    5.    Staff members shall not associate with students at any time in any situation or
           activity which could be considered sexually suggestive or involve the presence
           or use of tobacco, alcohol or drugs.

    6.    Dating between staff members and students is prohibited.

    7.    Staff members shall not use insults or sarcasm against students as a method of
           forcing compliance with requirements or expectations.

    8.    Staff members shall maintain a reasonable standard of care for the supervision,
           control and protection of students commensurate with their assigned duties and
           responsibilities.

    9.    Staff members shall not send students on personal errands.

 10.    Staff members shall, pursuant to law and Board policy, immediately report any
           suspected signs of child abuse or neglect.

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  11.    Only appropriately certificated/licensed personnel may attempt to counsel,
            assess, diagnose or treat a student’s personal problem relating to sexual
            behavior, substance abuse, mental or physical health and/or family
            relationships.  Other staff members should refer the student to the appropriate
            individual or agency for assistance.

  12.    Staff members shall not disclose information concerning a student, other than
            directory information, to any person not authorized to receive such information. 
            This includes, but is not limited to, information concerning assessments, ability
            scores, grades, behavior, mental or physical health and/or family background

[Adoption date:  October 21, 2004]

CROSS REFS.:    GBCA, Staff Conflict of Interest
                                GBCB, Staff Conduct
                                GBI, Staff Gifts and Solicitations
                                JHG, Reporting Child Abuse
                                JL, Student Gifts and Solicitations
                                JO, Student Records
                                KBA, Public’s Right to Know

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                        Classified Staff Negotiated Agreement

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STUDENT FEES, FINES AND CHARGES

Materials Fees
 
Students enrolled in District schools are furnished basic textbooks without cost.  However, a fee for consumable materials and supplies used in the instructional program is established at the beginning of each school year and may vary as the cost of materials and supplies fluctuates.  Such fees are to be deposited in the rotary operating funds of the Board to defray the cost of the materials and supplies.
 
The Board directs the Superintendent/designee to prepare a schedule of fees for materials to be used in courses of instruction and a schedule of charges that may be imposed for damage to school property.
 
The District does not charge students eligible for free lunch under the National School Lunch Act or Child Nutrition Act a fee for any materials needed to participate fully in a course of instruction.  Any fees charged to students eligible for free lunch under the National School Lunch Act or Child Nutrition Act will be charged in compliance with State and Federal law.  This exception only applies to recipients of free lunch, not students who receive reduced-price lunch.  This provision does not apply to extracurricular activities and student enrichment programs that are not courses of instruction.
 
Fines
 
When school property, equipment or supplies are damaged, lost or taken by individuals, a fine is assessed.  The fine is reasonable, seeking only to compensate the school for the expense or loss incurred.  Free lunch eligibility does not exempt a student from paying fines for damage to school property.
 
The late return of borrowed books or materials from the school libraries is subject to appropriate fines.
 
All fines collected are sent to the Treasurer for deposit in the General Fund of the Board.
 
Collection of Student Fees and Fines
 
The administration may establish regulations for the collection of student fees and fines.  
 
Grades and credits are not made available to any student, graduate or to anyone requesting same on his/her behalf until all fees and fines for that student have been paid in full.  Participation in extracurricular field trips will not be permitted unless payment has been received.  Students will be prohibited from participating in commencement exercises unless payment has been received.
 
[Adoption date:  October 21, 2004]
[Revised date: March 25, 2008]
[Revised date: July 18, 2013]
 
LEGAL REFS.: National School Lunch Act of 1946, 42 USC 1751
Child Nutrition Act of 1966, 42 USC 1771
ORC 3313.642
3329.06
 
 
CROSS REFS.: IGCB, Experimental Programs
IGCD, Educational Options (Also LEB)

 

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APPLICATION FOR WAIVER OF STUDENT INSTRUCTIONAL
MATERIALS FEES

Parent ____________________________________________________________                           
Address __________________________________________________________                       
You have requested that your child(ren):

__________________  Grade _____         ____________________    Grade _____

__________________  Grade _____         ____________________    Grade _____

__________________  Grade _____         ____________________    Grade _____

be exempt under Ohio Revised Code 3313.642 and receive a waiver for payment of the 20____ - 20____ Miamisburg City Schools fees, workbook and supplies charges.  This does not apply to any fees that may be charged for extracurricular activities, fines, school pictures, parking fees or lunch charges.

To verify that you do in fact qualify under Ohio law for this waiver of fees, please show to the principal of your child’s school at least one of the following items:

    1.    Care Source Card
    2.    Medicaid Card
    3.    Self Sufficiency Form (#ODH 3520) from Ohio Works First

With any of these documents, your child(ren) will have their 20____ - 20____ fees, workbook and supplies fees waived by the school district.  Without at least one of these, you will be expected to pay all fees and expenses as charged.

If you have questions about how you receive these health cards and where to get the agreements you need to sign, please contact the Montgomery County Department of Human Services, Ohio Works First (TANF), at 937-225-4148 in Dayton, Ohio.


______________________________   __________________________________  Principal                                                        Director of Pupil Services

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File:  JO

STUDENT RECORDS

STUDENT RECORDS

In order to provide students with appropriate instruction and educational services, it is necessary for the District to maintain extensive educational and personal information. It is essential that pertinent information in these records be readily available to appropriate school personnel, be accessible to the student’s parent(s) or the student in compliance with law, and yet be guarded as confidential information.

The Superintendent is responsible for the proper administration of student records in keeping with State law and federal requirements and the procedures for the collection of necessary information about individual students throughout the District.

Upon request, all records and files included in the student’s cumulative file are available to parent(s) or the student (if he/she is over 18 years of age). This request must be in writing and is granted within seven calendar days. No records are to be removed from the school. A principal, teacher or other qualified school personnel must be present to explain any of the tests or other material.

All rights and protections given to parents under law and this policy transfer to the student when he/she reaches age 18 or enrolls in a postsecondary school. The student then becomes an “eligible student.”

The District uses reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the agency or institution discloses personally identifiable information from education records.

The District provides notice to parents and eligible students annually, in accordance with the procedures set forth under administrative regulations, of the rights held by parents and eligible students under law and this policy. It is the intent of the District to limit the disclosure of information contained in the student’s education records except:

       1.     by prior written consent;

       2.     as directory information and

       3.     under other limited circumstances, as enumerated under administrative regulations.

The following rights exist:

       1.     the right to inspect and review the student’s education records;

       2.     the right, in accordance with administrative regulations, to seek to correct parts of the student’s education records, including the right to a hearing if the school authority decides not to alter the records according to the parent(s)’ or eligible student’s request;

       3.     the right of any person to file a complaint with the U.S. Department of Education if the District violates relevant Federal law, specifically the Family Educational Rights and Privacy Act and

       4.     the right to acquire information concerning the procedure which the parent(s) or eligible student should follow to obtain copies of this policy, the locations from which these copies may be obtained, as well as any fees to be charged for such copies. *(See administrative regulations.)

The District proposes to designate the following personally identifiable information contained in a student’s education records as “directory information.”

       1.     student’s name

       2.     student’s address

       3.     telephone number(s)

       4.     student’s date and place of birth

       5.     participation in officially recognized activities and sports

       6.     student’s achievement awards or honors

       7.     student’s weight and height, if a member of an athletic team

       8.     major field of study

       9.     dates of attendance (“from and to” dates of enrollment)

     10.     date of graduation

The above information is disclosed without prior written consent, except when the request is for a profit-making plan or activity or when the parent/eligible student has informed the Board that any or all such information should not be released without their prior written consent or when disclosure is otherwise prohibited by law.

Administrative regulations set forth a procedure for annual notification to parents and eligible students of the District’s definition of directory information. Parents or eligible students then have two weeks in which to advise the District in writing, in accordance with such regulations, of any or all items which they refuse to permit as directory information about that student.

To carry out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the criteria set forth under administrative regulations to determine who are “school officials” and what constitutes “legitimate educational interests.”

Other than requests as described above, school officials release information from, or permit access to, a student’s education records only with the prior written consent of a parent or eligible student, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure in certain limited circumstances outlined under administrative regulations.

The District maintains, in accordance with administrative regulations, an accurate record of all requests to disclose information from, or to permit access to, a student’s education records and of information disclosed and access permitted.

[Adoption date: October 21, 2004]

[Revision date: December 15, 2016]

LEGAL REFS.:  The Elementary and Secondary Education Act; 20 USC 1221 et seq.

                            Family Educational Rights and Privacy Act; 20 USC Section 1232g

                            Health Insurance Portability and Accountability Act; 29 USC 1181 et seq.

                            ORC  111.41; 111.42; 111.43; 111.46; 111.47; 111.99

                                       149.41; 149.43

                                       1347.01 et seq.

                                       3317.031

                                       3319.32; 3319.321; 3319.33

                                       3321.12; 3321.13    

                                       3331.13

CROSS REFS.:   AFI, Evaluation of Educational Resources

                            EHA, Data and Records Retention

                            IL, Testing Programs

                            JECAA, Admission of Homeless Students

                            KBA, Public’s Right to Know

                            KKA, Recruiters in the Schools

 

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File:  JO-E

Denial of Permission to Release Directory Information without Prior Written Consent

Dear Parent:

Certain directory information may be released to media, colleges, civic or school-related organizations and state or governmental agencies as well as published in programs for the athletic, music and theater presentations of this District.

Directory information includes the following kinds of information:

    1.    student’s name
    2.    name of student’s parents
    3.    student’s address
    4.    telephone number(s)
    5.    student’s date and place of birth
    6.    participation in officially recognized activities and sports, including videotaped
           programs
    7.    student’s achievement awards or honors, including videotaped programs
    8.    student’s weight and height, if a member of an athletic team
    9.    major field of study
  10.    dates of attendance (“from and to” dates of enrollment)
  11.    date of graduation
  12.    class designation
  13.    student photo, including videotaped program
  14.    previous school attended

Please circle the specific categories of information, if any, listed above that you do not wish to be released without your specific prior written permission.

_________The release of all directory information is denied.

This form must be completed and returned to the principal within 10 days after publication of the notice on “Directory Information” if the release of specific directory information is denied.

_____________________________     _______________________   __________
Name of Student                                         School                                           Grade

_____________________________     _______________________   __________
Parent’s/Guardian’s                                    Signature                                       Date   

 

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File:  JO-R

 

STUDENT RECORDS

       1.     Each student’s official school records include the following.

               A.     Records to be retained permanently

                       1)    name and address of parent(s)

                       2)    verification of date and place of birth

                       3)    dates and record of attendance

                       4)    course enrollment and grades

                       5)    test data

                       6)    date of graduation or withdrawal

               B.     Records of verifiable information to be retained during the student’s school career

                       1)    medical/health data

                       2)    individual psychological evaluation (gathered with written consent of parent(s))

                       3)    individual intelligence tests, tests for learning disabilities, etc., (counselor-administered)

                       4)    other verifiable information to be used in educational decision making

       2.     Maintaining student records

               A.     Transcripts of the scholastic record contain only factual information. The District confines its record keeping to tasks with clearly defined educational ends.

               B.     Items listed under 1-A are retained for 100 years. Those listed under 1-B are retained during the student’s enrollment and destroyed after graduation unless the school code imposes other restrictions.

               C.     Teacher and staff comments on student records are confined to matters related to student performance. Value judgments are excluded from the record.

               D.     Student records are considered as current educational and/or therapeutic tools and are available for use as such.

The following definitions of terms pertain to this statement of policy.

               Student — any person who attends or has attended a program of instruction sponsored by the Board.

               Eligible student — a student or former student who has reached age 18 or is attending a postsecondary school.

               Parent — either natural parent of a student, unless his/her rights under the Family Educational Rights and Privacy Act (FERPA) have been removed by a court order, a guardian or an individual acting as a parent or guardian in the absence of the student’s parent(s).

               Dates of attendance—means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester or a first quarter. The term does not include specific daily records of a student’s attendance at an educational agency or institution.                                                                                                                                      

               Education records — any records (in handwriting, print, tapes, film or other medium) maintained by the District, an employee of the District or an agent of the District that are related to a student, except:

1.      a personal record kept by a school staff member that meets the following tests:

         A.  it is in the sole possession of the individual who made it;

         B.  it is used only as a personal memory aid and

         C.  information contained in it has never been revealed or made available to any other person, except the maker’s temporary substitute;

2.      an employment record which is used only in relation to a student’s employment by the District (employment for this purpose does not include activities for which a student receives a grade or credit in a course);

3.      alumni records which relate to the student after he/she no longer attends classes provided by the District and the records do not relate to the person as a student and

4.      peer-graded papers before they are collected and recorded by a teacher.

               Personally Identifiable Information — any data or information which makes the subject of a record known, including the student’s name, the student’s or student’s family’s address, the name of the student’s parent or other family members, a personal identifier such as a student’s Social Security number or a biometric record, other indirect identifiers, such as the student’s date of birth, place of birth or mother’s maiden name, other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

ANNUAL NOTIFICATION

Within the first three weeks of each school year, the District publishes in a notice to parents and eligible students their rights under State and Federal law and under this policy. The District also sends home with each student a bulletin listing these rights; the bulletin is included with a packet of material provided to parents or eligible students when the students enroll during the school year.

The notice includes:

       1.     the right of a parent(s) or eligible student to inspect and review the student’s education records;

       2.     the intent of the District to limit the disclosure of information contained in a student’s education records, except: (1) by the prior written consent of the student’s parent(s) or the eligible student, (2) as directory information or (3) under certain limited circumstances, as permitted by law;

       3.     the right of a student’s parent(s) or an eligible student to seek to correct parts of the student’s education records which he/she believes to be inaccurate, misleading or in violation of student rights; this right includes a hearing to present evidence that the records should be changed if the District decides not to alter them according to the parent(s)’ or eligible student’s request;

       4.     the right of any person to file a complaint with the Department of Education if the District violates FERPA and

       5.     the procedure that a student’s parent(s) or an eligible student should follow to obtain copies of this policy and the locations where copies may be obtained.

An administrator arranges to provide translations of this notice to non-English-speaking parents in their native language.

LOCATIONS OF EDUCATION RECORDS

TYPES

LOCATION CUSTODIAN
     
Cumulative School Records Principals’ Offices Principals
     
Cumulative School Records Central Office Chief Archivist
(Former Students)    
     
Health Records Principals’ Offices Principals
     
Speech Therapy Records Principals’ Offices Principals
Psychological Records    
     
School Transportation School Bus Garage Director of Pupil
Records   Transportation
     
Special Test Records Principals’ Offices Principals
     
Occasional Records Principals’ Offices Principals
(Student education records    
not identified above; such    
as those in the Superintendent’s    
office, in the school    
attorney’s office, or in the    

personal possession of teachers)

   

PROCEDURE TO INSPECT EDUCATION RECORDS

Parents or eligible students may inspect and review education records to which they are entitled to have access upon request. In some circumstances, it may be mutually more convenient for the record custodian to provide copies of records. (See the schedule of fees for copies.)

Since a student’s records may be maintained in several locations, the school principal may offer to collect copies of records or the records themselves from locations other than a student’s school, so that they may be inspected at one site. If parents and eligible students wish to inspect records where they are maintained, school principals accommodate their wishes.

Parents or eligible students should submit to the student’s school principal a written request, which identifies as precisely as possible the record or records that he/she wishes to inspect.

The principal (or other custodian) contacts the parent(s) of the student or the eligible student to discuss how access is best arranged (copies at the exact location or records brought to a single site).

The principal (or other custodian) makes the needed arrangements as promptly as possible and notifies the parent(s) or eligible student of the time and place where the records may be inspected. This procedure must be completed within 45 days or earlier after the receipt of the request for access.

If for any valid reason, such as working hours, distance between record location sites or health, a parent(s) or eligible student cannot personally inspect and review a student’s education records, the District arranges for the parent(s) or eligible student to obtain copies of the records. (See information below regarding fees for copies of records.)

When records contain information about students other than a parent(s)’ child or the eligible student, the parent(s) or eligible student may not inspect and review the records of the other students.

FEES FOR COPIES OF RECORDS

The District does not deny parents or eligible students any rights to copies of records because of the following published fees. When the fee represents an unusual hardship, it may be waived, in part or entirely, by the records custodian. The District reserves the right to make a charge for copies, such as transcripts, which it forwards to potential employers or to colleges and universities for employment or admissions purposes. The District may deny copies of records (except for those required by law) if the student has an unpaid financial obligation to the District.

Federal law requires the District to provide copies of records for the following reasons:

       1.     when the refusal to provide copies effectively denies access to a parent(s) or eligible student;

       2.     at the request of the parent(s) or eligible student when the District has provided the records to third parties by the prior consent of the parent(s) or eligible student or

       3.     at the request of the parent(s) or eligible student when the District has forwarded the records to another district in which the student seeks or intends to enroll.

The fee for copies provided under Federal law may not include the costs for search and retrieval. This fee is     per page (actual copying cost less hardship factor).

The fee for all other copies such as copies of records forwarded to third parties with prior consent or those provided to parents as a convenience is _ per page (actual search, retrieval copying cost and postage, if any).

DIRECTORY INFORMATION

The District proposes to designate the following personally identifiable information contained in a student’s education record as “directory information”; it discloses that information without prior written consent, except that directory information is not released for a profit-making plan or activity or when disclosure is otherwise prohibited by law. Such information includes:

       1.     student’s name

       2.     student’s address

       3.     telephone number(s)

       4.     student’s date and place of birth

       5.     participation in officially recognized activities and sports

       6.     student’s achievement awards or honors

       7.     student’s weight and height, if a member of an athletic team

       8.     major field of study

       9.     dates of attendance (“from and to” dates of enrollment)

     10.     date of graduation

Within the first three weeks of each school year, the District publishes the above list, or a revised list, of the items of directory information that it proposes to designate as directory information. For students enrolling after the notice is published, the list is given to the student’s parent(s) or to the eligible student at the time and place of enrollment.

After the parents or eligible students have been notified, they have two weeks in which to advise the District in writing (a letter to the Superintendent’s office) of any or all of the items which they refuse to permit the District to designate as directory information about that student.

At the end of the two-week period, each student’s records are appropriately marked by the record custodians to indicate the items that the District designates as directory information about that student. This designation remains in effect until it is modified by the written direction of the student’s parent(s) or the eligible student.

USE OF STUDENT EDUCATION RECORDS

To carry out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the following criteria to determine who are school officials. An official is a person:

       1.     duly elected to the Board;

       2.     certificated by the state and appointed by the Board to an administrative or supervisory position;

       3.     certificated by the state and under contract to the Board as an instructor;

       4.     employed by the Board as a temporary substitute for administrative, supervisory or teaching personnel for the period of his/her performance as a substitute;

       5.     employed by, or under contract to, the Board to perform a special task such as a secretary, a treasurer, Board attorney or auditor for the period of his/her performance as an employee or contractor or

       6.     a contractor, consultant, volunteer or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official provided that the outside party:

               A.     performs an institutional service or function for which the District would otherwise use employees;

               B.     is under the direct control of the District with respect to the use and maintenance of education records and

               C.     abides by the legal requirements governing the use and redisclosure of personally identifiable information from education records.

School officials who meet the criteria listed above have access to a student’s records if they have a legitimate educational interest in those records. A “legitimate educational interest” is the person’s need to know in order to perform:

       1.     an administrative task required in the school employee’s position description approved by the Board;

       2.     a supervisory or instructional task directly related to the student’s education or

       3.     a service or benefit for the student or the student’s family such as health care, counseling, student job placement or student financial aid.

NOTE: The District must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. A district that does not use physical or technological access controls to records must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement.

The District releases information from or permits access to a student’s education records only with a parent’s or an eligible student’s prior written consent, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure under the following conditions:

       1.     when students seek or intend to enroll in another school district or a postsecondary school. The District makes reasonable attempts to notify the parent or eligible student at their last known address unless the disclosure is initiated by the parent or eligible student or unless the District’s annual notification includes notice that the District forwards education records to other education entities that request records in connection with a student’s transfer or enrollment. Upon request, the District provides copies of the records and an opportunity for a hearing (upon the condition that the student’s parents be notified of the transfer, receive a copy of the record and have an opportunity for a hearing to challenge the content of the record);

       2.     when certain federal and state officials need information in order to audit or enforce legal conditions related to federally supported education programs in the District;

       3.     when parties who provide, or may provide, financial aid for which a student has applied or received, need the information to:

               A.     establish the student’s eligibility for the aid;

               B.     determine the amount of financial aid;

               C.     establish the conditions for the receipt of the financial aid or

               D.     enforce the agreement between the provider and the receiver of financial aid;

       4.     if a State law adopted before November 19, 1974, required certain specific items of information to be disclosed in personally identifiable form from student records to state or local officials;

       5.     when the District has entered into a written agreement or contract for an organization to conduct studies on the District’s behalf to develop tests, administer student aid or improve instruction;

       6.     when accrediting organizations need those records to carry out their accrediting functions;

       7.     when parents of eligible students claim the student as a dependent;

       8.     when it is necessary to comply with a judicial order or lawfully issued subpoena; the District makes a reasonable effort to notify the student’s parent(s) or the eligible student before making a disclosure under this provision, except when a parent is party to a court proceeding involving child abuse or neglect or dependency, and the order is issued in the context of that proceeding;

       9.     if the disclosure is an item of directory information and the student’s parent(s) or the eligible student has not refused to allow the District to designate that item as directory information for that student;

     10.     the disclosure is in connection with a health and safety emergency;

     11.     the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994,

               42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines and

     12.     to an agency caseworker or other representative of a state or local child welfare agency when the agency is legally responsible for the care and protection of the child. Information obtained will not be disclosed by the agency to any other agency or individual, unless they are engaged in addressing the education needs of the child and authorized by the agency to have access and the disclosure is consistent with the State laws applicable to protecting the confidentiality of the student’s education records.

The District discloses personally identifiable information from an education record to appropriate parties, including parents, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

When deciding whether to release personally identifiable information in a health or safety emergency, the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the District determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.

The District records the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:

       1.     the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure and

       2.     parties to whom the District disclosed the information.

The District is required to permit the Ohio Department of Education (ODE) to have access to personally identifiable information about a student if ODE needs the information to:

       1.     notify the District or school attended in the District of threats or descriptions of harm included in the student’s response to an achievement test question;

       2.     verify the accuracy of the student’s achievement test score or

       3.     determine whether the student satisfies the alternative conditions for a high school diploma.

District officials may release information from a student’s education records if the student’s parent(s) or the eligible student gives his/her prior written consent for the disclosure. The written consent must include at least:

       1.     a specification of the records to be released;

       2.     the reasons for the disclosure;

       3.     the person or the organization or the class of persons or organizations to whom the disclosure is to be made;

       4.     the parent(s) or student’s signature and

       5.     the date of the consent and, if appropriate, a date when the consent is to be terminated.

The District uses reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the agency or institution discloses personally identifiable information from education records. The student’s parent(s) or the eligible student may obtain a copy of any records disclosed under this provision.

The District does not release information contained in a student’s education records, except directory information, to any third parties, except its own officials, unless those parties agree that the information is not redisclosed, without the parent(s)’ or eligible student’s prior written consent.

RECORDS OF REQUESTS FOR ACCESS AND
DISCLOSURES MADE FROM EDUCATION RECORDS

The District maintains an accurate record of all requests for it to disclose information from, or to permit access to, a student’s education records and of information it discloses and access it permits, with some exceptions listed below. This record is kept with, but is not a part of, each student’s cumulative school records. It is available only to the record custodian, the eligible student, the parent(s) of the student or to federal, state or local officials for the purpose of auditing or enforcing federally supported educational programs.

The record includes:

       1.     the name of the person who or agency which made the request;

       2.     the interest which the person or agency has in the information;

       3.     the date on which the person or agency made the request;

       4.     whether the request was granted and, if it was, the date access was permitted or the disclosure was made and

       5.     in the event of a health and safety emergency, the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure and the parties to whom the agency or institution disclosed the information.

The District maintains this record as long as it maintains the student’s education record.

The records do not include requests for access or information relative to access which has been granted to parent(s) of the student or to an eligible student; requests for access or access granted to officials of the District who have a legitimate educational interest in the student; requests for, or disclosures of, information contained in the student’s education records if the request is accompanied by the prior written consent of a parent(s) or eligible student or if the disclosure is authorized by such prior consent or for requests for, or disclosures of, directory information designated for that student.

PROCEDURES TO SEEK TO CORRECT EDUCATION RECORDS

Parents of students or eligible students have a right to seek to change any part of the student’s records which they believe is inaccurate, misleading or in violation of student rights.

For the purpose of outlining the procedure to seek to correct education records, the term “incorrect” is used to describe a record that is inaccurate, misleading or in violation of student rights. The term “correct” is used to describe a record that is accurate, not misleading and not in violation of student rights. Also, in this section, the term “requester” is used to describe the parent(s) of a student or the eligible student who is asking the District to correct a record.

To establish an orderly process to review and correct the education records for a requester, the District may make a decision to comply with the request for change at several levels in the procedure.

First-level decision. When a parent of a student or an eligible student finds an item in the student’s education records that he/she believes is inaccurate, misleading or in violation of student rights, he/she should immediately ask the record custodian to correct it. If the records are incorrect because of an obvious error and it is a simple matter to make the record change at this level, the records custodian makes the correction. If the records are changed at this level, the method and result must satisfy the requester.

If the custodian cannot change the records to the requester’s satisfaction, or the records do not appear to be obviously incorrect, he/she:

       1.     provides the requester a copy of the questioned records at no cost;

       2.     asks the requester to initiate a written request for the change and

       3.     follows the procedure for a second-level decision.

Second-level decision. The written requests to correct a student’s education records through the procedure at this level should specify the correction that the requester wishes the District to make. It should at least identify the item the requester believes is incorrect and state whether he/she believes the item:

       1.     is inaccurate and why;

       2.     is misleading and why and/or

       3.     violates student rights and why.

The request is dated and signed by the requester.

Within two weeks after the records custodian receives a written request, he/she:

       1.     studies the request;

       2.     discusses it with other school officials (the person who made the record or those who may have a professional concern about the District’s response to the request);

       3.     makes a decision to comply or decline to comply with the request and

       4.     completes the appropriate steps to notify the requester or moves the request to the next level for a decision.

                                                                                                                                   

If, as a result of this review and discussion, the records custodian decides the records should be corrected, he/she effects the change and notifies the requester in writing that he/she has made the change. Each such notice includes an invitation for the requester to inspect and review the student’s education records to make certain that the records are in order and the correction is satisfactory.

If the custodian decides the records are correct, he/she makes a written summary of any discussions with other officials and of his/her findings in the matter. He/She transmits this summary and a copy of the written request to the Superintendent.

Third-level decision. The Superintendent reviews the material provided by the records custodian and, if necessary, discusses the matter with other officials such as the school attorney or the Board (in executive session). He/She then makes a decision concerning the request and completes the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it takes longer, the Superintendent notifies the requester in writing of the reasons for the delay and indicates a date on which the decision will be made.

If the Superintendent decides the records are incorrect and should be changed, he/she advises the record custodian to make the changes. The record custodian advises the requester of the change as he/she would if the change had been made at the second level.

If the Superintendent decides the records are correct, he/she prepares a letter to the requester, which includes:

       1.     the District’s decision that the records are correct and the basis for the decision;

       2.     a notice to the requester that he/she has a right to ask for a hearing to present evidence that the records are incorrect and that the District grants such a hearing;

       3.     advice that the requester may be represented or assisted in the hearing by other parties, including an attorney at the requester’s expense and

       4.     instructions for the requester to contact the Superintendent or his/her designee to discuss acceptable hearing officers, convenient times and a satisfactory site for the hearing. (The District is not bound by the requester’s positions on these items but may, as far as feasible, arrange the hearing as the requester wishes.)

Fourth-level decision. After the requester has submitted (orally or in writing) his/her wishes concerning the hearing officer, the time and place for the hearing, the Superintendent, within a week, notifies the requester when and where the District will hold the hearing and whom it has designated as the hearing officer.

At the hearing, the hearing officer provides the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student’s education records are incorrect as shown in the requester’s written request for a change in the records (second level).

Within one week after the hearing, the hearing officer submits to the Superintendent a written summary of the evidence submitted at the hearing. Together with the summary, the hearing officer submits his/her recommendation, based solely on the evidence presented at the hearing, that the records should be changed or remain unchanged.

The Superintendent prepares the District’s decision within two weeks of the hearing. That decision is based on the summary of the evidence presented at the hearing and the hearing officer’s recommendation. The District’s decision is based solely on the evidence presented at the hearing. The Superintendent may overrule the hearing officer if he/she believes the hearing officer’s recommendation is not consistent with the evidence presented. As a result of the District’s decision, the Superintendent takes one of the following actions.

       1.     If the decision is that the District changes the records, the Superintendent instructs the records custodian to correct the records. The records custodian corrects the records and notifies the requester as in the context of the second-level decision.

       2.     If the decision is that the District does not change the records, the Superintendent prepares a written notice to the requester, which includes:

               A.     the District’s decision that the records are correct and will not be changed;

               B.     a copy of a summary of the evidence presented at the hearing and a written statement of the reasons for the District’s decision and

               C.     advice to the requester that he/she may place in the student’s education records an explanatory statement that states the reasons why he/she disagrees with the District’s decision and/or the reasons he/she believes the records are incorrect.

Final administrative step in the procedure. When the District receives an explanatory statement from a requester after a hearing, it maintains that statement as part of the student’s education records as long as it maintains the questioned part of the records. The statement is attached to the questioned part of the records and whenever the questioned part of the records is disclosed, the explanatory statement is also disclosed.

[Approval date: October 21, 2004]

[Revision date: December 15, 2016]

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NOTIFICATION OF RIGHTS UNDER THE
PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)

The Board recognizes the importance of maintaining student records and preserving their confidentiality.  Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages.  Boards that receive funds under any applicable program must provide reasonable notice to parents at least annually at the beginning of the school year that their children may be involved in Board-approved third party surveys.  The school must also give the parents the opportunity to opt their child out of the activity.  A student shall not be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning:

    1.    political affiliations or beliefs of the student or the student’s parent:

    2.    mental or psychological problems of the student or the student’s family,
            “potentially embarrassing to the student or family”;

    3.    sex behavior or attitudes;

    4.    illegal, antisocial, self-incriminating or demeaning behavior;

    5.    critical appraisals of other individuals with whom respondents have close family
            relationships;

    6.    legally recognized privileged or analogous relationships, such as those of
           lawyers, physicians and ministers;

    7.    religious practices, affiliations or beliefs of the student or student’s parent or

    8.    income (other than that required by law to determine eligibility for participation
           in a program and/or for receiving financial assistance under such program).

Parents have a right to inspect a survey created by a third party before that survey is administered by the school to students.  Parents are notified by the school when a survey is to be administered and will have at least two weeks to review the materials.

In order to protect student privacy rights when a school survey is to be administered that contains one of the prohibited eight items identified in this policy, parents have the right to inspect the survey.  If parents do not want their child to be a participant in the survey, they must notify the school.

The collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose, is prohibited.  This does not include personal information collected for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions such as:

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     1.    postsecondary institutions or military recruiters;

    2.    book clubs, magazines and programs providing access to low-cost literary
           products;

    3.    curriculum and instructional materials used by K-12 schools;

    4.    tests and assessments used by grades K-12 to provide cognitive, evaluative,
           diagnostic, clinical, aptitude or achievement information about students, or to
           generate other statistically useful data for the purpose of securing these tests
           and assessments, and the subsequent analysis and public release of the
           aggregate data from these tests and assessments;

    5.    the sale by students of products or services to raise funds for school or
           education related activities or

    6.    student recognition program.

For specific events, the school must notify the parents annually of the projected or approximate dates of the following activities:

    1.    the collection, disclosure or use of student personal information for the purpose
           of marketing or selling that information, or providing the information to others for
           that purpose;

    2.    the administration of a survey containing any of the eight items identified in this
           policy and

    3.    annually, the District will notify parents of physical exams or screenings
           conducted on students except for vision, hearing or scoliosis.

Parents or eligible students, who believe their rights have been violated, may file a complaint with:

            Family Policy Compliance Office
            U.S. Department of Education
            400 Maryland Avenue SW
            Washington, DC  20202-4605

[Adoption date:  October 21, 2004]

 

 

 

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POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS
(Restraint and Seclusion)

Positive Behavioral Interventions and Supports (PBIS)

The District implements PBIS on a system-wide basis.  The Board directs the Superintendent/designee to develop a PBIS system that is consistent with the components set forth in the State Board of Education’s (SBOE) policy on positive behavior interventions and supports.  The District encourages family involvement as an integral part of its PBIS system. 
 
Prohibited Practices
 
The District does not engage in practices prohibited by State law, including: 
 
1. prone restraint; 
 
2. any form of physical restraint that involves the intentional, knowing or reckless use of any technique that:
 
A. involves the use of pinning down a student by placing knees to the torso, head or neck of the student; 
 
B. uses pressure point, pain compliance or joint manipulation techniques or
 
C. otherwise involves techniques that are used to unnecessarily cause pain.
 
3. corporal punishment; 
 
4. child endangerment, as defined by Ohio Revised Code Section 2919.22; 
 
5. deprivation of basic needs; 
 
6. seclusion and restraint of preschool children in violation of Ohio Administrative Code Section (OAC) 3301-37-10; 
 
7. chemical restraint; 
 
8. mechanical restraint (that does not include devices used by trained school personnel, or by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed); 
 
9. aversive behavioral interventions or
 
10. seclusion in a locked room or area. 
 
 
Restraint
 
Physical restraint may not be used as a form of punishment or discipline, or as a substitute for other less restrictive means of assisting a student in regaining control.  The use of prone restraint is prohibited.
 
Restraint may be used only: 
 
1. if a student’s behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available; 
 
2. if the physical restraint does not interfere with the student’s ability to breathe; 
 
3. if the physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication and 
 
4. by school personnel trained in safe restraint techniques, except in the case of rare and unavoidable emergency situations when trained personnel are not immediately available.
 
Notwithstanding the requirements of this Policy and ODE’s corresponding standards and policy, school personnel may use reasonable force and restraint in accordance with R.C. 3319.41.  Persons employed or engaged as teachers, principals, or administrators, non-licensed school employees and school bus drivers may, within the scope of their employment, use and apply such amount of force and restraint as is reasonable and necessary to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects upon the person or within the control of the pupil, for the purpose of self-defense, or for the protection of persons or property.
 
Seclusion
 
Seclusion may not be used as a form of punishment or discipline, for staff convenience or as a substitute for other less restrictive means of assisting a student in regaining control. 
 
Seclusion may be used only: 
 
1. if a student’s behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available; 
 
2. as a last resort to provide an opportunity for the student to regain control of his or her actions;
 
3. for the minimum amount of time necessary to protect the student and others from physical harm; 
 
4. in a room or area that is not locked, does not prevent the student from exiting the area should the staff member become incapacitated or leave, and that provides adequate space, lighting, ventilation and the ability to observe the student; and
 
4. under the constant supervision of trained staff able to detect indications of physical or mental distress that require removal and/or immediate medical assistance, and who document their observations of the student. 
 
 
Repeated Dangerous Behaviors
 
The District conducts functional behavioral assessments for students who repeatedly engage in dangerous behavior that leads to instances of restraint and/or seclusion to identify students’ needs and more effective ways of addressing those needs.  Behavioral intervention plans that incorporate appropriate positive behavioral interventions are created when necessary.
 
Training and Professional Development
 
The District trains an appropriate number of personnel in each building in crisis management and de-escalation techniques.  The District maintains written or electronic documentation of provided training and lists of participants in each training session. 
 
All student personnel, as defined by OAC 3301-35-15, are trained annually on the SBOE’s and the District’s policies and procedures regarding restraint and seclusion.
 
The Board directs the Superintendent/designee to develop a plan for any necessary training of student personnel to implement PBIS on a system-wide basis. 
 
Data and Reporting
 
Each incident of seclusion or restraint is immediately reported to the building administrator and the student’s parent.  Each incident of seclusion or restraint is documented in a written report, which is made available to the student’s parent within 24 hours.  The District maintains written reports of seclusion or restraint.  These reports are educational records under the Family Education Rights and Privacy Act.
 
The District annually reports information concerning the use of restraint and seclusion to the Ohio Department of Education (ODE), as requested by ODE. 
 
Monitoring and Complaint Processes
 
The Board directs the Superintendent/designee to establish a procedure to monitor the implementation of State law and the District’s policy on restraint and seclusion. 
 
The Board directs the Superintendent/designee to establish District complaint procedures, which include a: 
 
1. procedure for parents to present complaints to the Superintendent to initiate a complaint investigation by the District regarding incidents of restraint or seclusion and 
 
2. requirement that the District respond to parents in writing within 30 days of the filing of a complaint regarding restraint and seclusion. 
 
Parents are notified annually of the District’s seclusion and restraint policies and procedures, which are also posted on the District’s website. 
 
 
[Adoption date: July 18, 2013]
 
 
LEGAL REF.: ORC 2919.22
OAC 3301-35-15
3301-37-10
 
 
CROSS REFS.: IGBA, Programs for Students with Disabilities
JF, Student Rights and Responsibilities
JGA, Corporal Punishment
JH, Student Welfare
JHF, Student Safety