JKA
Use of Physical Intervention and Restraint
JKA-R
Use of Physical Intervention and Restraint
JKBA
Disciplinary Removal from Classroom
JKD/JKE
Suspension/Expulsion of Students
JKD/JKE-R
Suspension/Expulsion of Students
JKG
Expulsion Prevention
JLCCA
Students with Bloodborne Pathogens
JLCE (X. 13.)
Emergency Medical Assistance
JLCDA
Students with Food Allergies
JLCD
Administering Medications to Students
JLCD-R
Medications to Students (Regulation)
JLCDB
Administration of Medical Marijuana to Qualified Students
JLCDB - (E) - Exhibit
Administration of Medical Marijuana to Qualified Students
JLCG
Medicaid Reimbursement
JLCG-R
Medicaid Reimbursement
JLDAC
Screening/Testing of Students
JLF (X. - 20.)
Child Abuse Reporting
JLF-R
Reporting Child Abuse/Child Protection
JLIA (VI. - 15.)
Educational Process and Supervision Defined
JQ (X. - 19.)
Student Fees, Fines and Charges
JRA
Student Records/Release of Information on Students (Family Educational Rights and Privacy Act)
JRA/JRC
Student Records/Release of Information on Students
JRCA
Sharing of Student Records/Information between School District and State Agencies
JS (IX. - 19.)
Student use of Electronic Information Resource
JS-E
Student Use of the Internet and Electronic Communications
Policy Code: JKA
Policy Name: Use of Physical Intervention and Restraint
Adopted: August 23, 2010
Reviewed:
To
maintain a safe learning environment, district employees may, within
the scope of their employment and consistent with state law, use
physical intervention and restraint with students in accordance with
this policy and accompanying regulation. Such actions shall not be
considered child abuse or corporal punishment if performed in good faith
and in compliance with this policy and accompanying regulation.
Physical intervention
Corporal punishment shall not be administered to any student by any
district employee. Within the scope of their employment, district
employees may use reasonable and appropriate physical intervention with a
student, that does not constitute restraint as defined by this policy,
to accomplish the following:
1. To quell a disturbance threatening physical injury to the student or others.
2. To obtain possession of weapons or other dangerous objects upon or within
the control of the student.
3. For the purpose of self-defense.
4. For the protection of persons against physical injury or to prevent
the destruction of property which could lead to physical injury to the
student or others.
Under no circumstances shall a student be
physically held for more than five minutes unless the provisions
regarding restraint contained in this policy and accompanying regulation
are followed.
Restraint
Restraint is defined by state law and
this policy as any method or device used to involuntarily limit a
student's freedom of movement, including but not limited to bodily
physical force, mechanical devices, chemicals and seclusion. Restraint
shall not include the holding of a student for less than five minutes by
a district employee for the protection of the student or others and
other actions excluded from the definition of restraint in state law.
District employees shall not use restraint as a punitive form of
discipline or as a
threat to control or gain compliance of a
student's behavior. District employees are also prohibited from
restraining a student by use of a mechanical restraint or chemical
restraint, as those terms are defined by applicable State Board of
Education rules and this policy's accompanying regulation. Restraint
shall only be administered by district employees trained in accordance
with applicable State Board of Education rules.
Exceptions
The restraint provisions in this policy and accompanying regulation shall not apply to:
1. Peace officers as defined by C.R.S. 16-2.5-101 et seq. who are
acting within the scope of their employment or in accordance with C.R.S.
16-3-109; and
2. When the district is engaged in transporting a
student from one facility or location to another facility or location
when it is within the scope of the district's powers and authority to
effect such transportation.
LEGAL REFS.: C.R.S. 18-1-703 (use of physical force by those supervising minors)
C.R.S. 18-6-401 (1) (definition of child abuse)
C.R.S. 19-1-103 (1) (definition of abuse and neglect)
C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code)
C.R.S. 22-32-109.1 (2)(a)(IV) (policy required as part of safe schools plan)
C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. 26-20-101 et seq. (Protection of Persons from Restraint Act)
1 CCR 301-45 (State Board of Education rules for the Administration of the Protection of Persons from Restraint Act)
Policy Code: JKA-R
Policy Name: Use of Physical Intervention and Restraint
Adopted: August 23, 2010
Reviewed:
A. Definitions
In accordance with the State Board of Education rules governing the
Administration of the Protection of Persons from Restraint Act, the
following definitions apply for purposes of this regulation and
accompanying policy.
1. “Restraint” means any method or device
used to involuntarily limit freedom of movement, including but not
limited to bodily physical force, mechanical devices, chemicals and
seclusion.
2. “Physical restraint” means the use of bodily,
physical force to involuntarily limit an individual's freedom of
movement. “Physical restraint” does not include:
a. holding of a student for less than five minutes by a staff person for the protection of the student or other ;
b. brief holding of a student by one adult for the purpose of calming or comforting the student;
c. minimal physical contact for the purpose of safely escorting a student from one area to another;
d. minimal physical contact for the purpose of assisting the student in completing a task or response.
3.
“Mechanical restraint” means a physical device used to involuntarily
restrict the movement of a student or the movement or normal function of
the student's body. “Mechanical restraint” does not include:
a.
devices recommended by a physician, occupational therapist or physical
therapist and agreed to by a student's IEP team or Section 504 team and
used in accordance with the student's Individualized Education Program
(IEP) or Section 504 plan;
b. protective devices such as helmets,
mitts, and similar devices used to prevent self-injury and in accordance
with a student's IEP or Section 504 plan;
c. adaptive devices to
facilitate instruction or therapy and used as recommended by an
occupational therapist or physical therapist, and consistent with a
student's IEP or Section 504 plan; or
d. positioning or securing devices used to allow treatment of a student's medical needs.
4.
“Chemical restraint” means administering medication to a student
(including medications prescribed by the student's physician) on an as
needed basis for the sole purpose of involuntarily limiting the
student's freedom of movement.
“Chemical restraint” does not include:
a. prescription medication that is regularly administered to the
student for medical reasons other than to restrain the student's freedom
of movement (e.g. Asthma-cort, medications used to treat mood disorders
or ADHD, Glucagon); or
b. the administration of medication for voluntary or life-saving medical procedures (e.g. EpiPens, Diastat).
5.
“Seclusion” means the placement of a student alone in a room from which
egress is involuntarily prevented. “Seclusion” does not mean:
a. placement of a student in residential services in the student's room for the night; or
b. time-out.
6.
“Time-out” is the removal of a student from potentially rewarding
people or situations. A time-out is not used primarily to confine the
student, but to limit accessibility to reinforcement. In time-out, the
student is not physically prevented from leaving the designated time-out
area and is effectively monitored by staff.
7. “Emergency” means
serious, probable, imminent threat of bodily injury to self or others
with the present ability to effect such bodily injury. Emergency
includes situations in which the student creates such a threat by
abusing or destroying property.
8. “Bodily injury” means physical
pain, illness or any impairment of physical or mental condition as
defined in C.R.S. 18-1-901(3)(c).
9. “State Board Rules” mean the
State Board of Education rules governing the Administration of the
Protection of Persons from Restraint Act, 1 CCR 301-45.
10. “Parent” shall be as defined by the State Board rules.
B. Basis for use of restraint
Restraints shall only be used:
1. In an emergency and with extreme caution; and
2. After:
a. the failure of less restrictive alternatives (such as Positive
Behavior Supports, constructive and non-physical de-escalation, and
re-structuring the environment);
or
b. a determination that such alternatives would be inappropriate or ineffective under the circumstances.
3. Restraints shall never be used as a punitive form of discipline or
as a threat to gain control or gain compliance of a student's behavior.
4. School personnel shall:
a. use restraints only for the period of time necessary and using no more force than necessary; and
b. prioritize the prevention of harm to the student.
C. Duties related to the use of restraint - general requirements
When restraints are used, the district shall ensure that:
1. no restraint is administered in such a way that the student is inhibited or impeded from breathing or communicating;
2. no restraint is administered in such a way that places excess
pressure on the student's chest, back, or causes positional asphyxia;
3. restraints are only administered by district staff who have received training in accordance with the State Board rules;
4. opportunities to have the restraint removed are provided to the
student who indicates he/she is willing to cease the violent or
dangerous behavior;
5. when it is determined by trained district
staff that the restraint is no longer necessary to protect the student
or others (i.e. the emergency no longer exists), the restraint shall be
removed; and
6. the student is reasonably monitored to ensure the
student's physical safety. Additionally, in the case of seclusion, staff
shall reintegrate the student or clearly communicate to the student
that the student is free to leave the area used to seclude the student.
D. Proper administration of specific restraints
1. Chemical restraints shall not be used.
2. Mechanical restraints shall not be used, except that this provision
shall not apply to armed security officers who have received documented
training in defensive tactics utilizing handcuffing procedures and are
detaining the student for law enforcement.
3. Physical restraint
a. a person administering the physical restraint shall only use the
amount of force necessary to stop the dangerous or violent actions of
the student.
b. a restrained student shall be continuously monitored
to ensure that the breathing of the student in such physical restraint
is not compromised.
c. a student shall be released from physical
restraint within fifteen minutes after the initiation of the restraint,
except when precluded for safety reasons.
4. Seclusion
a. relief periods from seclusion shall be provided for reasonable access to toilet facilities; and
b. any space in which a student is secluded shall have adequate
lighting, ventilation and size. To the extent possible under the
specific circumstances, the space should be free of injurious items.
E. Notification requirements
1. If there is a reasonable probability that restraint might be used
with a particular student, appropriate school staff shall notify, in
writing, the student's parents, and, if appropriate, the student of:
a. the restraint procedures (including types of restraints) that might be used;
b. specific circumstances in which restraint might be used; and
c. staff involved.
2. For students with disabilities, if the parents request a meeting
with school personnel to discuss the notification, school personnel
shall ensure that the meeting is convened.
3. The required notification may occur at the meeting where the student's
behavior plan or IEP is developed/reviewed.
F. Documentation requirements
1. If restraints are used, a written report shall be submitted within one school day to school administration.
2. The school principal or designee shall verbally notify the parents
as soon as possible but no later than the end of the school day that the
restraint was used.
3. A written report based on the findings of
the staff review required by paragraph G. below shall be e-mailed, faxed
or mailed to the student's parent within five calendar days of the use
of restraint. The written report of the use of restraint shall include:
a. the antecedent to the student's behavior if known;
b. a description of the incident;
c. efforts made to de-escalate the situation;
d. alternatives that were attempted;
e. the type and duration of the restraint used;
f. injuries that occurred, if any; and
g. the staff present and staff involved in administering the restraint.
4. A copy of the written report on the use of restraint shall be placed in the studentʼs confidential file.
G. Review of specific incidents of restraint
1. The district shall ensure that a review process is established and
conducted for each incident of restraint used. The purpose of this
review shall be to ascertain that appropriate procedures were followed
and to minimize future use of restraint.
2. The review shall include, but is not limited to:
a. staff review of the incident;
b. follow up communication with the student and the student's family;
c. review of the documentation to ensure use of alternative strategies; and
d. recommendations for adjustment of procedures, if appropriate.
3. If requested by the district or the student's parents, the district shall convene a
meeting to review the incident. For students with IEPs or Section 504 plans,
such review may occur through the IEP or Section 504 process.
H. General review process
1. The district shall ensure that a general review process is
established, conducted and documented in writing at least annually. The
purpose of the general review is to ascertain that the district is
properly administering restraint, identifying additional training needs,
minimizing and preventing the use of
restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff.
2. The review shall include, but is not limited to:
a. analysis of incident reports, including all reports prepared
pursuant to paragraphs F.1 and F.3 above and including, but not limited
to, procedures used during the restraint, preventative or alternative
techniques tried, documentation, and follow up;
b. training needs of staff;
c. staff to student ratio; and
d. environmental conditions, including physical space, student seating arrangements and noise levels.
I. Staff training
1. The district shall ensure that staff utilizing restraint in schools are trained in accordance with the State Board rules.
2. Training shall include:
a. a continuum of prevention techniques;
b. environmental management;
c. a continuum of de-escalation techniques;
d. nationally recognized physical management and restraint practices,
including, but not limited to, techniques that allow restraint in an
upright or sitting position and information about the dangers created by
prone restraint;
e. methods to explain the use of restraint to the student who is to be restrained and to the student's family; and
f. appropriate documentation and notification procedures.
3. Retraining shall occur at a frequency of at least every two years.
Policy Code: JKBA
Policy Name: Disciplinary Removal from Classroom
Adoption: July, 2007
It
is the policy of the Board of Education to maintain classrooms in which
student behavior does not interfere with the ability of the teacher to
teach effectively or the ability of other students to participate in
classroom learning activities.
Students shall be expected to abide
by the code of conduct adopted by the Board and any other appropriate
classroom rules of behavior established by the building principal and/or
classroom teacher for the purpose of maintaining order and a favorable
academic atmosphere. Any student who violates the code of conduct or
other classroom rules may be subject to removal from class and/or
disciplinary action.
Student removal from class is a serious measure
and should not be imposed in an arbitrary, casual or inconsistent
manner. Behavioral expectations are always more constructive and more
likely to be followed when they are communicated as clearly as possible
to students. However, it is neither possible nor necessary to specify
every type of improper or inappropriate behavior, or every circumstance
that would justify removal from class under this policy. Teachers are
expected to exercise their best professional judgment in deciding
whether it is appropriate to remove a student from class in any
particular circumstance. All instances of formal removal from class
shall be documented.
A teacher is authorized to immediately remove a student from the teacher's classroom if the student's behavior:
1. violates the code of conduct adopted by the Board;
2. is dangerous, unruly, or disruptive; or
3. seriously interferes with the ability of the teacher to teach the class or other students to learn.
A student with a disability may be removed from class and placed in an
alternative educational setting only to the extent authorized by state
and federal laws and regulations.
Removal from class under this
policy does not prohibit the district from pursuing or implementing
additional disciplinary measures, including but not limited to
detentions, suspensions, or expulsions for the conduct or behavior for
which the student was removed.
LEGAL REF.: C.R.S. 22-32-109.1 (2)(a)(II)
Policy Code: JKD/JKE
Policy Name: Suspension/Expulsion of Students
Date Adopted: January 24, 2011
Date Revised: December 2012
The
Board of Education shall provide due process of law to students,
parents/ guardians and school personnel through written procedures
consistent with law for the suspension or expulsion of students and the
denial of admission. (See JKD/JKE-R.)
The Board and its designee(s) may consider the following factors in determining whether to suspend or expel a student:
1. the student's age;
2. the student's disciplinary history;
3. the student's eligibility as a student with a disability;
4. the seriousness of the violation committed by the student;
5. the threat posed to any student or staff; and,
6. the likelihood that a lesser intervention would properly address the violation.
As
an alternative to suspension, the principal or designee may permit the
student to remain in school with the consent of the student's teachers
if the parent/guardian attends class with the student for a period of
time specified by the principal or designee. If the parent/guardian does
not agree or fails to attend class with the student, the student shall
be suspended in accordance with the accompanying regulations.
This
alternative to suspension shall not be used if expulsion proceedings
have been or are about to be initiated or if the principal or designee
determines that the student's presence in school, even if accompanied by
a parent/guardian, would be disruptive to the operations of the school
or be detrimental to the learning environment.
Delegation of authority
1. The Board of Education delegates to the principals of the school
district or to a person designated in writing by the principal the power
to suspend a student in that school for not more than five school days
on the grounds stated in C.R.S. 22-33-106 (1) (a), (1) (b), (1) (c) or
(1) (e) or not more than 10 school days on the grounds stated in C.R.S.
22-33-106 (1) (d) unless expulsion is mandatory under law (see exhibit
coded JKD/JKE-E), but the total period of suspension shall not exceed 25
school days.
2. The Board of Education delegates to the
superintendent of schools the authority to suspend a student, in
accordance with C.R.S. 22-33-105, for an additional 10 school days plus
up to and including an additional 10 days necessary in order to present
the matter to the Board.
3. Unless otherwise determined by the
Board, the Board of Education delegates to the superintendent of schools
or to a designee who shall serve as a hearing officer the authority to
deny admission to or expel for any period not extending beyond one year
any student whom the superintendent, in accordance with the limitations
imposed by Title 22, Article 33, of the Colorado Revised Statutes, shall
determine does not qualify for admission to or continued attendance at
the public schools of the district. If the hearing is conducted by a
designee serving as a hearing officer, the hearing officer shall prepare
findings of fact and recommendations for the superintendent at the
conclusion of the hearing. The superintendent shall render a written
opinion in the expulsion matter within five days after the hearing
whether the hearing is conducted by the hearing officer or the
superintendent.
The superintendent shall report on each case acted
upon at the next meeting of the Board, briefly describing the
circumstances and the reasons for action taken. Such denial of admission
or expulsion by the superintendent shall be subject to appeal to the
Board. The appeal shall consist of a review of the facts that were
presented, arguments relating to the decision and questions of
clarification from the Board.
Expulsion for unlawful sexual behavior or crime of violence
When a petition is filed in juvenile court or district court that
alleges a student between the ages of 12 to 18 years has committed an
offense that would constitute unlawful sexual behavior or a crime of
violence if committed by an adult, basic identification information, as
defined in state law, along with the details of the alleged delinquent
act or offense, is required by law to be provided immediately to the
school district in which the juvenile is enrolled.
The information
shall be used by the Board of Education to determine whether the
student has exhibited behavior that is detrimental to the safety,
welfare, and morals of the other students or school personnel and
whether educating the student in the school may disrupt the learning
environment in the school, provide a negative example for other
students, or create a dangerous and unsafe environment for students,
teachers, and other school personnel. The Board shall take appropriate
disciplinary action, which may include suspension or expulsion, in
accordance with the student code of conduct and related policies.
The
Board may determine to wait until the conclusion of court proceedings
to consider expulsion, in which case it shall be the responsibility of
the district to provide an alternative educational program for the
student as specified in state law.
Annual reports
The Board
annually shall report to the State Board of Education the number of
students expelled from district schools for disciplinary reasons or for
failure to submit certificates of immunization. Expelled students shall
not be included in calculating the dropout rate for the school or the
district.
(Adoption date)
LEGAL REFS.: C.R.S. 16-22-102(9) (unlawful sexual behavior)
C.R.S. 18-1.3-406 (crime of violence)
C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code)
C.R.S. 22-32-109.1 (2)(a)(I)(E) (policy required as part of safe schools plan)
C.R.S. 22-32-109.1 (3) (agreements with state agencies)
C.R.S. 22-33-105 (suspension, expulsion and denial of admission)
C.R.S. 22-33-106 (grounds for suspension, expulsion and denial of admission)
C.R.S. 22-33-106.3 (use of student's written statements in expulsion hearings)
C.R.S. 22-33-106.5 (information concerning offenses committed by students)
C.R.S. 22-33-107 (compulsory attendance law)
C.R.S. 22-33-107.5 (notice of failure to attend)
C.R.S. 22-33-108 (juvenile judicial proceedings)
C.R.S. 25-4-903 (1) (immunization)
CROSS REFS.: ECAC, Vandalism
GBGB, Staff Personal Security and Safety
JEA, Compulsory Attendance Ages
JF, Admission and Denial of Admission
JF-R, Admission and Denial of Admission (Procedures for Students in Out-of-Home Placements)
JIC, Student Conduct, and subcodes
JK*-2, Discipline of Students with Disabilities
JKF*, Educational Alternatives for Expelled Students
Policy Code: JKD/JKE-R
Policy Name: Suspension/Expulsion of Students
Date Adopted: January 24, 2011
Date Revised: December, 2012
A. Procedure for suspension of 10 days or less
Through written policy the Board of Education has delegated to any
school principal the power to suspend a student for not more than five
or 10 days, depending upon the type of infraction. Pursuant to policy
JKD/JKE, the superintendent has been delegated the power to suspend a
student for additional periods of time. However, the total period of
suspension will not exceed 25 school days. As a general rule, a
suspension will be 10 days or less.
The following procedures shall
be followed in any suspension, unless the student is suspended pending
an expulsion proceeding, in which case the expulsion procedures shall
apply.
When the term “parent/guardian” is used, it refers to the
parent/guardian of students under 18 years of age; if the student is 18
years or older, it refers to the student. All references to
parent/guardian are intended to also include legal custodian.
1.
Notice. The principal, designee or the superintendent at the time of
contemplated action will give the student and the parent/guardian notice
of the contemplated action. Such notice may be oral or in writing. If
oral, such notice will be given in person. If written, delivery may be
by United States mail addressed to the last known address of the student
or student's parent/guardian.
2. Contents of notice. The notice will contain the following basic information:
a. A statement of the charges against the student.
b. A statement of what the student is accused of doing.
c. A statement of the basis of the allegation. Specific names may be with-held if necessary.
This information need not be set out formally but should sufficiently
inform the student and parent/guardian of the basis for the contemplated
action.
3. Informal hearing. In an informal setting, the student
will be given an opportunity to admit or deny the accusation and to give
his or her version of the events. The administrator may allow the
student to call witnesses or may personally call the accuser or other
witnesses. The administrator may hold a more extensive hearing in order
to gather relevant information prior to making a decision on the
contemplated action.
4. Timing. The notice and informal hearing
should precede removal of the student from school. There need be no
delay between the time notice is given and the time of the informal
hearing.
5. If the student's presence in school presents a danger.
Notice and an informal hearing need not be given prior to removal from
school where a student's presence poses a continuing danger to persons
or property or an ongoing threat of disrupting the academic process. In
this case, an informal hearing will follow as soon after the student's
removal as practicable.
6. Notification following suspension. If a
student is suspended the administrator delegated the authority to
suspend will immediately notify the parent/guardian that the student has
been suspended, the grounds for such suspension and the period of such
suspension. The notification will include the time and place for the
parent/guardian to meet with the administrator to review the suspension.
7. Removal from school grounds. A suspended student must leave the
school building and the school grounds immediately after the
parent/guardian and administrator have determined the best way to
transfer custody of the student to the parent/guardian.
8.
Readmittance. No student will be readmitted to school until the meeting
with the parent/guardian has taken place or until, in the opinion of the
administrator, the parent/guardian has substantially agreed to review
the suspension with the administrator. However, if the administrator
cannot contact the parent/guardian or if the parent/guardian repeatedly
fails to appear for scheduled meetings, the administrator may readmit
the student. The meeting will address whether there is a need to develop
a remedial discipline plan for the student in an effort to prevent
further disciplinary action.
9. Make-up work. Suspended students
will be provided an opportunity to make up school work during the period
of suspension, so the student is able to reintegrate into the
educational program of the district following the period of suspension.
Students will receive full or partial academic credit to the extent
possible for makeup work which is completed satisfactorily.
B. Procedure for expulsion or denial of admission
In the event the Board of Education contemplates action denying
admission to any student or prospective student or expelling any
student, the following procedures shall be followed:
1. Notice.
Not less than 10 days prior to the date of the contemplated action, the
Board of Education or an appropriate administrative officer of the
district will cause written notice of such proposed action to be
delivered to the student and the student's parent/guardian. Such
delivery may be by United States mail addressed to the last known
address of the student or the student's parent/guardian.
2.
Emergency Notice. In the event it is determined that an emergency
exists necessitating a shorter period of notice, the period of notice
may be shortened provided that the student or the student's
parent/guardian have actual notice of the hearing prior to the time it
is held.
3. Contents of Notice. The notice will contain the following basic information:
a. A statement of the basic reasons alleged for the contemplated denial of admission or expulsion.
b. A statement that a hearing on the question of expulsion or denial
of admission will be held if requested by the student or parent/guardian
within 5 days after the date of the notice.
c. A statement of the date, time and place of the hearing in the event one is requested.
d. A statement that the student may be present at the hearing and hear
all information against him or her, that the student will have an
opportunity to present such information as is relevant and that the
student may be accompanied and represented by a parent/guardian and an
attorney.
e. A statement that failure to participate in such hearing constitutes a waiver of further rights in the matter.
4. Conduct of hearing. A hearing may be requested by the
parent/guardian. Such hearing will be conducted by the superintendent.
The hearing may be conducted in open session or may be closed except to
those individuals deemed advisable by the superintendent but including
in all events the student, the parent/guardian and, if requested, the
student's attorney. Such individuals as may have pertinent information
will be admitted to a closed hearing to the extent necessary to provide
such information.
Testimony and information may be presented under
oath. However, technical rules of evidence will not be applicable, and
the superintendent may consider and give appropriate weight to such
information or evidence he or she deems appropriate. The student's
written statement, if any, may be presented as evidence in accordance
with applicable law. The student or representative may question
individuals presenting information.
A sufficient record of the
proceedings shall be kept so as to enable a transcript to be prepared in
the event either party so requests. Preparation of the transcript will
be at the expense of the party requesting the same.
The superintendent will prepare specific factual findings and issue a written decision within five days after the hearing.
5. Appeal. Within 10 days after the decision of the superintendent,
the student may appeal the decision to the Board by providing the
Superintendent with a written request for appeal. Failure to request an
appeal within 10 days will result in a waiver of the right to appeal and
the superintendent's decision will become final.
If an appeal is
properly requested, the Board will review the record concerning the
expulsion or denial of admission. The record includes notices and other
documents concerning the challenged action, the transcript of the
testimony, if any, the hearing exhibits, the findings and recommendation
of the superintendent, the superintendent's written decision, and other
documents concerning the challenged action. The student may be
represented by counsel at the appeal. Representatives of the district
and the parents may make brief statements to the Board, but no new
evidence may be presented unless such evidence was not reasonably
discoverable at the time of the hearing. Members of the Board may ask
questions for purposes of clarification of the record.
The Board
will make final determination regarding the expulsion or denial of
admission of the student and will inform the student and his
parent/guardian of the right to judicial review.
6. Information to
parents. Upon expelling a student, district personnel shall provide
information to the student's parent/guardian concerning the educational
alternatives available to the student during the period of expulsion,
including the right to request that the district provide services during
the expulsion. If the parent/guardian chooses to provide a home-based
education program for the student, district personnel will assist the
parent/guardian in obtaining appropriate curricula for the student if
requested by the parent/guardian.
If a student is expelled and is
not receiving educational services through the district, the school
district shall contact the expelled student's parent/guardian at least
once every 60 days until the student is eligible to re-enroll to
determine whether the child is receiving educational services. District
personnel need not contact the parent/guardian after the student is
enrolled in another school district or in an independent or parochial
school, or if the student is committed to the department of human
services or sentenced through the juvenile justice system.
7.
Readmittance. A student who has been expelled shall be prohibited from
enrolling or re-enrolling in the same school in which the victim of the
offense or member of the victim's immediate family is enrolled or
employed when:
a. the expelled student was convicted of a crime,
adjudicated a juvenile delinquent, received a deferred judgment or was
placed in a diversion program as a result of committing the offense for
which the student was expelled;
b. there is an identifiable victim of the expelled student's offense; and
c. the offense for which the student was expelled does not constitute a crime against property.
If the district has no actual knowledge of the name of the victim, the
expelled student shall be prohibited from enrolling or re-enrolling only
upon request of the victim or a member of the victim's immediate
family.
No student will be readmitted to school until after a
meeting between the principal or designee and the parent/guardian has
taken place except that if the administrator cannot contact the
parent/guardian or if the parent/guardian repeatedly fails to appear for
scheduled meetings, the administrator may readmit the student.
C. Procedure for crimes of violence or unlawful sexual behavior
The following procedures will apply when the district receives
notification that a student has been charged in juvenile or district
court with a crime of violence or unlawful sexual behavior, as those
terms are defined by state law.
1. The Board or its designee will
make a preliminary determination whether it will proceed with an
expulsion hearing, based on the following factors:
a. Whether the
student has exhibited behavior that is detrimental to the safety,
welfare and morals of other students or school personnel.
b.
Whether educating the student in school may disrupt the learning
environment, provide a negative example for other students or create a
dangerous and unsafe environment for students, teachers and other school
personnel.
2. If it is determined that the student should not be
educated in the schools of the district, the district may suspend or
expel the student, in accordance with the procedures set forth above.
3. Alternatively, suspension or expulsion proceedings may be
postponed, pending the outcome of the court proceedings. If the
suspension or expulsion proceedings are postponed, the student will not
be permitted to return to school during that period. An appropriate
alternative education program, including but not limited to, an on-line
program authorized by state law or a home-based education program will
be established for the student during the period pending the resolution
of the juvenile proceedings. The time that a student spends in an
alternative education program will not be considered a period of
suspension or expulsion.
4. If the student pleads guilty to the
charge, is found guilty or is adjudicated a delinquent juvenile, the
Board or designee may proceed to suspend or expel the student following
the procedures set forth in these regulations.
5. Information
regarding the details of the alleged crime of violence or unlawful
sexual behavior will be used by the Board or its designee for the
purposes set forth in this policy, but shall remain confidential unless
the information is otherwise available to the public by law.
(December 2012)
Policy Code: JKG
Policy Name: Expulsion Prevention
Adoption: July, 2007
District
personnel shall enforce provisions of the student code of conduct so
that students demonstrating unacceptable behavior and their parents,
guardians or legal custodians understand that such behavior shall not be
tolerated and shall be dealt with according to the code.
However,
it is the belief of the Board of Education that all available
alternatives should be explored to help students who are at risk of
expulsion before expulsion becomes a necessary step. Expulsion shall be
regarded as a punishment of last resort unless a student's behavior
would cause imminent harm to others in the school, or when state law or
the school's conduct and discipline codes require automatic expulsion.
The principal of each school shall work with the professional staff to
identify students who are at risk of suspension or expulsion. Among
those students who may be at risk are those who have been or are likely
to be declared habitually truant or habitually disruptive.
The
district, working with the student's parent/guardian, shall provide
students who are identified as at risk of suspension or expulsion with a
plan to provide necessary support services to help them avoid
expulsion. Services may include:
1. educational services
(tutoring, alternative educational programs or vocational programs that
provide instruction in the academic areas of reading, writing,
mathematics, science and social studies).
2. counseling services.
3. referral to drug or alcohol addiction treatment programs.
4. referral to family support services.
The
failure of the school district to identify a student for participation
in an expulsion prevention program or the failure of such program to
remediate a student's behavior shall not be grounds to prevent school
personnel from proceeding with appropriate disciplinary measures.
LEGAL REF.: C.R.S. 22-33-203
Policy Code: JLCCA
Policy Name: Students with Bloodborne Pathogens
Adopted: March 29, 1999
Revised:
Reviewed: January, 2007
Students with Bloodborne Pathogens
Bloodborne
pathogens is a subject of particular public concern. Bloodborne
pathogens are microorganisms in human blood that can cause disease in
humans, and include Hepatitis B Virus (HBV), and the Human
Immunodeficiency Virus (HIV), which causes AIDS. These are diseases for
which there is no known cure and which, under certain circumstances, can
be readily transmissible in the school environment. transmission is by
coming into contact with body fluids from an infected person that enter
the bloodstream or mucous membranes of a noninfected person.
Students covered by this policy include but is not limited to:
1. Those diagnosed medically as having AIDS;
2.
Those diagnosed medically as having an illness due to
infection with HIV, but who do not meet the case
definition for AIDS;
3. Those who are asymptomatic,
but who have been diagnosed medically as
being infected with HIV; and
4. Those suspected of being infected with HIV.
5. Those diagnosed medically as having Hepatitis B.
Information
regarding a student's infection or suspected infection with a
bloodborne pathogen is strictly confidential medical information.
Confidentiality is of paramount importance. Rumors regarding any
individual's medical status are potentially very harmful and are
strongly discouraged.
Standard safety and health practices
appropriate for protecting against transmission of diseases shall be
applied in circumstances where any student requires first aid,
regardless of health status. Handling of body fluids and substances
shall be accomplished in accordance with such practices. All body fluids
and substances shall be treated as infectious.
In all proceedings
related to this policy, the District shall respect the student's right
of privacy. Only those persons with a direct need to know shall be
informed of the specific nature of the student's condition. The
determination of those who need to know shall be made by the
Superintendent. Only the Superintendent of Schools will be authorized to
speak for the School District on this subject.
Legal Reference:
C.R.S. 25-4-1401 et seq
Policy Code: JLCE (X. 13.)
Policy Name: Emergency Medical Assistance
Adoption: November, 1995
Revised:
Reviewed: January, 2007
When
the school district deems it necessary to call a doctor or other
emergency medical assistance for a child during school hours, it is the
responsibility of the parent to pay the medical fee. Whenever possible,
the listed family doctor will be called. However, in emergencies or when
the family doctor cannot be located, the district reserves the right to
contact emergency medical assistance.
Policy Code: JLCDA Policy
Name: Students with Food Allergies Date Adopted: June, 2010 Students
with Food Allergies The Board recognizes that many students are being
diagnosed with potentially life-threatening food allergies. To address
this issue and meet state law requirements concerning the management of
food allergies and anaphylaxis among students, the Board sets forth the
following requirements. Health care plan The school nurse, or a school
administrator in consultation with the school nurse, shall develop and
implement a health care plan (plan) for each student with a diagnosis of
a potentially life-threatening food allergy. The plan shall address
communication between the school and emergency medical services,
including instructions for emergency medical responders. If a student
qualifies as a student with a disability in accordance with federal law,
the student's Section 504 plan, Individualized Education Program (IEP),
and/or other plan developed in accordance with applicable federal law
shall meet this requirement. Reasonable accommodations Reasonable
accommodations shall be made to reduce the student's exposure to agents
that may cause anaphylaxis within the school environment. If a student
qualifies as a student with a disability in accordance with federal law,
the student's Section 504 plan, Individualized Education Program (IEP),
and/or other plan developed in accordance with applicable federal law
shall meet this requirement. Access to emergency medications Emergency
medications for treatment of the student's food allergies or anaphylaxis
shall be kept in a secure location accessible to designated school
staff. Whenever possible and in a timely fashion, the student's
parent/legal guardian shall supply the school with the medication needed
for treatment of the student's food allergies or anaphylaxis, unless
the student is authorized to selfcarry such medication in accordance
with Board policy JLCD, Administration of Medications.
Policy Code: JLCDA
Policy Name: Students with Food Allergies
Adoption: June, 2010
Revised: 2014
The
Board recognizes that many students are being diagnosed with
potentially life-threatening food allergies. To address this issue and
meet state law requirements concerning the management of food allergies
and anaphylaxis among students, the Board sets forth the following
requirements.
Health care plan
The school
nurse, or a school administrator in consultation with the school nurse,
shall develop and implement a health care plan (plan) for each student
with a diagnosis of a potentially life-threatening food allergy. The
plan shall address communication between the school and emergency
medical services, including instructions for emergency medical
responders. If a student qualifies as a student with a disability in
accordance with federal law, the student's Section 504 plan,
Individualized Education Program (IEP), and/or other plan developed in
accordance with applicable federal law shall meet this requirement.
Reasonable accommodations
Reasonable
accommodations shall be made to reduce the student's exposure to agents
that may cause anaphylaxis within the school environment. If a student
qualifies as a student with a disability in accordance with federal law,
the student's Section 504 plan, Individualized Education Program (IEP),
and/or other plan developed in accordance with applicable federal law
shall meet this requirement.
Access to emergency medications
Emergency
medications for treatment of the student's food allergies or
anaphylaxis shall be kept in a secure location accessible to designated
school staff. Whenever possible and in a timely fashion, the student's
parent/legal guardian shall supply the school with the medication needed
for treatment of the student's food allergies or anaphylaxis, unless
the student is authorized to self-carry such medication in accordance
with Board policy.
Staff training
The
principal or equivalent school administrator, in consultation with the
school nurse, shall determine the appropriate recipients of emergency
anaphylaxis treatment training, which shall include those staff directly
involved with a student who has a known food allergy during the school
day. At a minimum, the training shall prepare staff to have a basic
understanding of food allergies and the importance of reasonable
avoidance of agents that may cause anaphylaxis, the ability to recognize
symptoms of anaphylaxis, and the ability to respond appropriately when a
student suffers an anaphylactic reaction. The training shall also
include instruction in the administration of self-injectable
epinephrine.
LEGAL REFS.: 20 U.S.C. 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2007)
29 U.S.C. 701 et seq. (Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
C.R.S. 22-2-135 (Colorado School Children's Food Allergy and Anaphylaxis Management Act)
C.R.S. 22-32-139 (policy required regarding management of food allergies and anaphylaxis among students)
C.R.S. 25-1.5-109
(Colorado Department of Public Health and Environment shall develop,
maintain and make available a standard form for school districts to
gather information concerning students' food allergies)
1 CCR 301-68
(State Board of Education rules regarding Administration of Colorado
School Children's Asthma and Anaphylaxis Act and Colorado School
Children's Food Allergy and Anaphylaxis Management Act)
CROSS REF.: JLCD, Administering Medications to Students
NOTE:
State law requires school districts to provide notice of this policy to
the parent/legal guardian of each student enrolled in a district school
prior to the beginning of each school year. C.R.S. 22-2-135(3)(b).
The notice must include the standard allergy and anaphylaxis form
developed by the Colorado Department of Public Health and Environment
(CDPHE) pursuant to C.R.S. 25-1.5-109.
This form is accessible on CDPHE's website, www.cdphe.state.co.us and
the Colorado Department of Education website, www.cde.state.co.us. The
notice must also include language that encourages parents/legal
guardians of students for whom medication has been prescribed for
treatment of a food allergy or anaphylaxis to give a supply of
medication to the school nurse or other school administrator, unless the
student has an approved treatment plan that authorizes the student to
self-administer the medication. C.R.S. 22-2-135(3)(c).
Policy Code: JLCD
Policy Name: Administering Medications to Students
Date Adopted: September, 2010
Revised: June 2016
School
personnel shall not administer prescription or nonprescription
medications to students unless appropriate administration cannot
reasonably be accomplished outside of school hours and the student's
parent/guardian is not available to administer the medication during the
school day.
Medication may be administered to students by school
personnel whom a registered nurse has trained and delegated the task of
administering such medication. For purposes of this policy, the term
“medication” includes both prescription medication and nonprescription
medication, but does not include medical marijuana.
The
administration of medical marijuana shall be in accordance with the
Board's policy on administration of medical marijuana to qualified
students.
The term “nonprescription medication” includes but is
not limited to over-the-counter medications, homeopathic and herbal
medications, vitamins and nutritional supplements.
Medication may
be administered to students by the school nurse or other school designee
only when the following requirements are met:
- Medication
shall be in the original properly labeled container. If it is a
prescription medication, the student's name, name of the medication,
dosage, how often it is to be administered, and name of the prescribing
health care practitioner shall be printed on the container.
- The
school shall have received written permission to administer the
medication from the student's health care practitioner with prescriptive
authority under Colorado law.
- The school shall have received
written permission from the student's parent/guardian to administer the
medication to the student.
- The parent/guardian shall be responsible for providing all medication to be administered to the student.
Self-administration of medication for asthma, allergies or anaphylaxis
A
student with asthma, a food allergy, other severe allergies, or a
related, life-threatening condition may possess and self-administer
medication to treat the student's asthma, food or other allergy,
anaphylaxis or related, life-threatening condition. Self-administration
of such medication may occur during school hours, at school-sponsored
activities, or while in transit to and from school or a school-sponsored
activity. Student possession and self-administration of such medication
shall be in accordance with the regulation accompanying this policy.
Authorization
for a student to possess and self-administer medication to treat the
student's asthma, food or other allergy, anaphylaxis or other related,
life-threatening condition may be limited or revoked by the school
principal after consultation with the school nurse and the student's
parent/guardian if the student demonstrates an inability to responsibly
possess and self-administer such medication.
Use of stock epinephrine auto-injectors in emergency situations
The
district shall have a stock supply of epinephrine auto-injectors for
use in emergency anaphylaxis events that occur on school grounds. Any
administration of a stock epinephrine auto-injector to a student by a
district employee shall be in accordance with applicable state law,
including applicable State Board of Education rules.
The
district's stock supply of epinephrine auto-injectors is not intended to
replace student-specific orders or medication provided by the student's
parent/guardian to treat the student's asthma, food or other allergy,
anaphylaxis or related, life-threatening condition.]
Student
possession, use, distribution, sale or being under the influence of
medication inconsistent with this policy shall be considered a violation
of Board policy concerning drug and alcohol involvement by students and
may subject the student to disciplinary consequences, including
suspension and/or expulsion, in accordance with applicable Board policy.
LEGAL REFS.: C.R.S. 12-38-132 (delegation of nursing tasks)
C.R.S. 22-1-119 (no liability for adverse drug reactions/side effects)
C.R.S. 22-1-119.5 (Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act)
C.R.S. 22-1-119.3
(3)(c), (d) (no student possession or self-administration of medical
marijuana, but school districts must permit the student's primary
caregiver to administer medical marijuana to the student on school
grounds, on a school bus or at a school-sponsored event)
C.R.S. 22-2-135 (Colorado School Children's Food Allergy and Anaphylaxis Management Act)
C.R.S. 24-10-101 et seq. (Colorado Governmental Immunity Act)
1
CCR 301-68 (State Board of Education rules regarding student possession
and administration of asthma, allergy and anaphylaxis management
medications or other prescription medications)
6 CCR 1010-6, Rule 6.13 (requirements for health services in schools)
CROSS REFS.: JICH, Drug and Alcohol Involvement by Students
JKD/JKE, Suspension/Expulsion of Students (and Other Disciplinary Interventions)
JLCDA*, Students with Food Allergies
JLCE, First Aid and Emergency Medical Care
NOTE:
If the Board adopts a policy addressing the administration of medical
marijuana to qualified students, a cross reference to the policy should
be added here.
NOTE: The Colorado Department of
Education (CDE), in collaboration with various school districts and
other organizations, has created numerous guidelines regarding
medication administration in the school setting. These guidelines are
available on CDE's website.
Policy Code: JLCD-R
Policy Name: Administering Medications to Students (Regulation)
Date Adopted:September, 2010, Revised December, 2010
Date Reviewed:
If
under exceptional circumstances a student is required to take oral
medication during school hours only the school nurse or the nurse's
designee will administer the medication in compliance with the following
regulations. In the alternative, the parent/guardian may come to
school to administer the medication.
Self-administration of medication other than prescription drugs
Medication,
except for prescription drugs, may be self-administered by high school
students. Prescription drugs shall be administered in the same manner
as all medications administered to elementary and middle school
students. If a high school student needs a prescription medication at
school, parents must transport this medication to and from school.
Self-administered medication by high school students is a privilege that
may be revoked anytime by administration if he/she determines that
there is misuse of this privilege. Additionally, the student who
misuses the privilege of self-administering medication may be subject to
disciplinary actions including suspension and/or expulsion from school.
1. All directives of the accompanying policy will be followed.
2.
Written orders from the student's physician or other professional
licensed to prescribe medication must be on file in the school stating:
a. Student's name
b. Name of drug
c. Dosage
d. Purpose of the medication
e. Time of day medication is to be given
f. Anticipated number of days it needs to be given in school
g. Possible side effects
3.
The medication must be brought to school by a parent/guardian in a
container appropriately labeled by the pharmacy or physician.
4. An individual record will be kept of such prescription medications administered by school personnel.
5. Medication will be stored in a clean, locked cabinet or container.
Unless these requirements can be met, medication will not be administered at school.
Procedure
1. Identify the student.
2. Identify the medication and confirm the following:
a. Student's name on bottle.
b. Date of medication on bottle.
c. Name of medication on bottle.
d. Dosage of medication on bottle.
e. Instructions on bottle for giving the medication.
3. Compare information on medication bottle with medication record information.
4. Confirm that the doctor's order is attached to medication record or note.
5. Check to see that the medication has not been given already for that day and time by another school person.
6. Administer the medication to the student as directed.
7. Record time the medication was given on student's medication record.
8. Return medication to locked medication cupboard.
Self-administration of medication for asthma or anaphylaxis
A
school shall permit a student to possess and self-administer medication
for asthma or anaphylaxis if all of the following conditions are met:
1.
Written authorization signed by the student's health care practitioner
must be on file with the school which shall include the student's name;
the name, purpose, prescribed dosage, frequency, and length of time
between dosages of the medication(s) to be self-administered; and
confirmation that the student has been instructed and is capable of
self-administration of the medication.
2. The student
demonstrates to the school nurse that he or she possesses the skill
level necessary to administer the medication as prescribed.
3.
The school nurse and the student's health care practitioner collaborate
to develop a written treatment plan for managing the student's asthma or
anaphylaxis episodes and for medication use by the student.
4. A
written statement signed by the student's parent or legal guardian must
be on file with the school, which shall include permission for the
student to self-administer his/her medication and a release from
liability for any injury arising from the student's self-administration
of such medication.
5. A written contract between the school
nurse, the student, and the student's parent or legal guardian must be
on file with the school, assigning levels of responsibility to the
student's parent/guardian, student, and school employees.
A
treatment plan authorizing a student to possess and self-administer
medication for asthma or anaphylaxis shall be effective only for the
school year in which it is approved. The school shall permit a student
to possess and self-carry medication in subsequent school years only if
the conditions specified above are met.
A student shall report to
the school nurse or designee or to some adult at the school immediately
after the student uses an epinephrine auto-injector during school hours.
Upon
receiving such report from a student, the school nurse, designee, or
other adult will provide appropriate follow-up care to the student,
which shall include making a 911 emergency call.
COLORADO SAMPLE REGULATION 1995
Policy Code: JLCDB
Policy Name: Administration of Medical Marijuana to Qualified Students
Adoption: October, 2016
Revised:
The
Board strives to honor families' private medical decisions while
ensuring a learning environment free of disruption. To accomplish these
goals, the district restricts the administration of medications,
including medical marijuana, during school hours unless administration
cannot reasonably be accomplished outside of school hours.
Administration of medical marijuana to qualified students shall be in
accordance with this policy. Administration of all other prescription
and nonprescription medications to students shall be in accordance with
applicable law and the Board's policy concerning the administration of
medications to students.
Definitions
For purposes of this policy, the following definitions shall apply:
1. “Designated location” means a location identified in writing by the
school district in its sole discretion and may include a location on
the grounds of the school in which the student is enrolled, upon a
school bus in Colorado, or at a school-sponsored event in Colorado.
2. “Permissible form of medical marijuana” means nonsmokeable products
such as oils, tinctures, edible products or lotions that can be
administered and fully ingested or absorbed in a short period of time.
Patches and other forms of administration that continue to deliver
medical marijuana to a qualified student while at school may be
appropriate for students who receive ongoing adult assistance or on a
case-by-case basis as determined by the district when adequate
protections against misuse may be made. Forms of medical marijuana not
included in this definition may be proposed by the qualified student's
primary caregiver to the superintendent, who may authorize such a
request after consultation with appropriate medical personnel chosen by
the district.
3. “Primary caregiver” means the qualified student's
parent, guardian or other responsible adult over eighteen years of age
who is identified by the student's parent/guardian as the qualified
student's primary caregiver. In no event shall another student be
recognized as a primary caregiver. Any primary caregiver seeking access
to school or district property, a school bus or school-sponsored event
for purposes of this policy must comply with the Board's policy and/or
procedures concerning visitors to schools and all other applicable
policies.
4. “Qualified student” means a student who holds a valid
registration from the state of Colorado (license issued by the Colorado
Department of Public Health and Environment) for the use of medical
marijuana and for whom the administration of medical marijuana cannot
reasonably be accomplished outside of school hours.
Permissible administration of medical marijuana to a qualified student
A qualified student's primary caregiver may administer a permissible
form of medical marijuana to a qualified student in a designated
location if all of the following parameters are met:
1. The
qualified student's parent/guardian provides the school with a copy of
the student's valid registration from the state of Colorado authorizing
the student to receive medical marijuana;
2. The qualified
student's parent/guardian signs a written acknowledgement assuming all
responsibility for the provision, administration, maintenance and use of
medical marijuana under state law, and releases the district from
liability for any injury that occurs pursuant to this policy;
3.
The qualified student's parent/guardian or primary caregiver shall be
responsible for providing the permissible form of medical marijuana to
be administered to the qualified student;
4. The district
determines, in its sole discretion, that a location and a method of
administration of a permissible form of medical marijuana are available
that do not create risk of disruption to the educational environment or
exposure to other students;
5. After administering the permissible
form of medical marijuana to the qualified student, the student's
primary caregiver shall remove any remaining medical marijuana from the
grounds of the school, district, school bus or school- sponsored event;
and
6. The district prepares, with the input of the qualified
student's parent/guardian, a written plan that identifies the form,
designated location(s), and any protocol regarding administration of a
permissible form of medical marijuana to the qualified student. The
written plan shall be signed by the school administrator, the qualified
student (if capable) and the qualified student's parent/guardian.
Additional parameters
School personnel shall not administer or hold medical marijuana in any form.
This policy conveys no right to any student or to the student's
parents/guardians or other primary caregiver to demand access to any
general or particular location on school or district property, a school
bus or at a school-sponsored event to administer medical marijuana.
This policy shall not apply to school grounds, school buses or
school-sponsored events located on federal property or any other
location that prohibits marijuana on its property.
Permission to
administer medical marijuana to a qualified student may be limited or
revoked if the qualified student and/or the student's primary caregiver
violates this policy or demonstrates an inability to responsibly follow
this policy's parameters.
Student possession, use, distribution,
sale or being under the influence of marijuana inconsistent with this
policy may be considered a violation of Board policy concerning drug and
alcohol involvement by students or other Board policy and may subject
the student to disciplinary consequences, including suspension and/or
expulsion, in accordance with applicable Board policy.
If the
federal government indicates that the district's federal funds are
jeopardized by this policy, the Board declares that this policy shall be
suspended immediately and that the administration of any form of
medical marijuana to qualified students on school property, on a school
bus or at a school-sponsored event shall not be permitted. The district
shall post notice of such policy suspension and prohibition in a
conspicuous place on its website.
(Adoption date)
LEGAL REFS.: Colo. Const. Art. XVIII, Section 14 (establishing qualifications for use of medical marijuana)
C.R.S.
22-1-119.3 (3)(c), (d) (no student possession or self-administration of
medical marijuana, but school districts must permit the student's
primary caregiver to administer medical marijuana to the student on
school grounds, on a school bus or at a school-sponsored event)
C.R.S. 22-1-119.3 (3)(d)(III) (board may adopt policies regarding who
may act as a primary caregiver and to establish reasonable parameters on
the administration and use of medical marijuana on school grounds, on a
school bus or at a school-sponsored event)
CROSS REFS.: JICH, Drug and Alcohol Involvement by Students
JKD/JKE, Suspension/Expulsion of Students (and Other Disciplinary Interventions)
JLCD, Administering Medications to Students
JLCE, First Aid and Emergency Medical Care
NOTE: If the policy's provision for automatic suspension is triggered,
the school district must post a statement on its website “in a
conspicuous place” regarding its decision not to continue to implement
this state law. C.R.S. 22-1-119.3 (3)(d)(IV).
File: JLCDB*-E
Administration of Medical Marijuana to Qualified Students
(Written Plan)
To be completed by the student's parent or guardian
Name of qualified student ______________________________________________
School _____________________________________________ Grade __________
Name of student's primary caregiver ______________________________________
Primary caregiver's phone ______________________________________________
Permissible form of medical marijuana to be administered to the qualified student by the student's primary caregiver
___________________________________________________________________
___________________________________________________________________
Administration method to be used by the student's primary caregiver (to
assist the school district in determining an appropriate location for
administration of medical marijuana to the student)
___________________________________________________________________
___________________________________________________________________
Dosage amount ______________________________________________________
Proposed times to administer ___________________________________________
By initialing the following paragraphs and signing below, the undersigned parent or guardian hereby acknowledges:
_____ I have read and agree to comply with the board's policy
regarding the administration of medical marijuana to qualified students.
_____ I assume all responsibility for the provision, administration, maintenance and use of medical marijuana to my child.
_____ I understand that as soon as I or my designated primary
caregiver complete the medical marijuana administration, I or my
designated primary caregiver must remove any remaining medical marijuana
from the grounds of the school, district, school bus or
school-sponsored event.
_____ I understand that the district, with
my input, will determine a designated location and any protocols
regarding the administration of medical marijuana to my child and that
this plan does not allow for the administration of medical marijuana on
federal property or any location that prohibits marijuana on its
property.
_____ I understand that permission to administer medical
marijuana in accordance with this plan may be revoked for the failure to
comply with the board's policy on the administration of medical
marijuana to qualified students or other applicable board policies.
By signing below, I hereby release the _____(name of school
district)_____ and its personnel from any legal claim which I now have
or may hereafter have arising out of the administration of medical
marijuana to my child.
Date ________________ ___________________________________
Signature of parent or guardian
___________________________________
Signature of qualified student (if capable)
To be completed by the school
I have reviewed a copy of the student's registration from the state of
Colorado authorizing the student to receive medical marijuana. The
expiration date is ______________.
After receiving input from the
student's parent or guardian, I have conditionally approved the
student's identified primary caregiver to administer the permissible
form of medical marijuana identified above in the following designated
location(s):
___________________________________________________________________
__________________________________________________________________.
Such administration shall occur in accordance with the following protocol(s):
___________________________________________________________________
__________________________________________________________________.
Date ________________ ___________________________________
Name of principal or designee
___________________________________
Signature of principal or designee
Policy Code: JLCG
Policy Name: Medicaid Reimbursement
Adoption: February 25, 2002
Revised:
Reviewed: January, 2007
Manitou
Springs School District 14 will seek reimbursement for health-related
services provided to students who are enrolled in the Colorado Medicaid
Program. Health and related services include, but are not limited to
professional services provided by audiologists, nurses, occupational
therapists, physical therapists, speech pathologists and other qualified
district staff.
Legal Reference:
C.R.S. 26-4-531
Pub. L. 100-360, July 1, 1988
(Medicare Catastrophic coverage Act of 1988)
Policy Code: JLCG-R
Policy Name: Medicaid Reimbursement
Adoption: Unknown
Revised:
Reviewed: January, 2007
As
a Medicaid provider, Manitou Springs School District 14 will access
Medicaid eligibility information for students from Health Care Policy
and Financing (HCPF).
HCPF is the designated Medicaid agency for the state of Colorado.
Directory
information, including names, date of birth and gender will be released
to HCPG to verify Medicaid eligibility of students. The description of
health services delivered and information needed to complete claims
shall be released to Medicaid and/or the district billing agent for
proper administration of the program.
Any parent/guardian or
eligible student (18 years of age or older) who does not want to
participate in the Medicaid program must notify the school in writing.
Unless notified, the district may begin billing within two weeks of
enrollment. Parent/guardian or eligible student may, at any time,
complete a refusal form. Medicaid refusal forms may be obtained from the
school district administrative offices.
All ongoing health and
related services will be provided by qualified district staff. A
reasonable effort to coordinate care with the student's health care
provider will be made to avoid duplication of services.
Legal Reference:
C.R.S. 26-4-531
Pub. L. 100-360, July 1, 1998
(Medicare Catastrophic coverage Act of 1988)
Policy Code: JLDAC
Policy Name: Screening / Testing of Students
Adoption: November, 1995
Revised: August 2014
Parents/guardians
and eligible students have the right to review any survey, assessment,
analysis or evaluation administered or distributed by a school to
students whether created by the district or a third party. For purposes
of this policy, “eligible student” means a student 18 years of age or
older or an emancipated minor. Any survey, assessment, analysis or
evaluation administered or distributed by a school to students shall be
subject to applicable state and federal laws protecting the
confidentiality of student records.
Survey, assessment, analysis or evaluation for which consent is required
Except
as otherwise permitted by law, students shall not be required to submit
to a survey, assessment, analysis, or evaluation that is intended to
reveal information, whether the information is personally identifiable
or not, without prior written consent of the parent/guardian or eligible
student, if that survey, assessment, analysis, or evaluation reveals
information in the following areas (“protected information”):
1. political affiliations or beliefs of the student or the student's parent/guardian
2. mental or psychological conditions of the student or the student's family
3. sexual behavior or attitudes
4. illegal, anti-social, self-incriminating or demeaning behavior
5. critical appraisals of other individuals with whom the student has a close family relationship
6. legally recognized privileged or analogous relationships, such as those with lawyers, physicians and ministers
7. religious practices, affiliations or beliefs of the student or the student's parent/guardian
8.
income (other than that required by law to determine eligibility for
participation in a program or for receiving financial assistance under
such program)
9. social security number
School personnel
responsible for administering any such survey, assessment, analysis or
evaluation shall give written notice at least two weeks in advance to
the student's parent/guardian or the eligible student and shall make a
copy of the document available for viewing at convenient times and
locations. The notice shall offer to provide the following written
information upon request:
1. records or information that may be examined and required in the survey, assessment, analysis or evaluation
2. the means by which the records or information shall be examined, reviewed, or disseminated
3. the means by which the information is to be obtained
4. the purposes for which the records or information are needed
5. the entities or persons, regardless of affiliation, who will have access to the information; and
6. a method by which a parent/guardian can grant or deny permission to access or examine the records or information
These notice provisions also apply to any survey, analysis or evaluation funded by the U.S. Department of Education.
Exceptions to policy
Nothing
in this section of the policy shall:1. prevent a student who is
working under the supervision of a journalism teacher or sponsor from
preparing or participating in a survey, assessment, analysis or
evaluation without obtaining consent as long as such participation is
not otherwise prohibited by law
2. be construed to prevent a
district employee from reporting known or suspected child abuse or
neglect as required by state law
3. be construed to limit the
ability of a health professional that is acting as an agent of the
school district to evaluate an individual child
4. be construed
to require parental notice or consent for a survey, assessment, analysis
or evaluation related to educational products or services for or to
students or educational institutions. These products and services
include, but are not limited to, the following:
college or other postsecondary education recruitment or military recruitment activities
book clubs, magazines and programs providing access to low-cost literary products
curriculum and instructional materials used by district schools
tests and assessments used by district schools to provide cognitive,
evaluative, diagnostic, clinical, aptitude, or achievement information
about students
the sale by students of products or services to raise funds for school-related or education-related activities
student recognition programs
5.
be construed to require parental notice or consent for assessments used
to collect evidence of what a student knows and is able to do and to
measure a student's academic progress toward attaining a content
standard
6. limit the ability of the district to administer a suicide assessment or threat assessment
Surveys, assessment, analysis or evaluation for marketing purposes
Parents/guardians
and eligible students shall receive notice and have the opportunity to
opt a student out of activities involving the collection, disclosure or
use of personal information collected from the student for the purpose
of marketing or selling that information or otherwise providing the
information to others for that purpose.
Annual notice
At
the beginning of each academic year, the district shall inform
parents/guardians and eligible students that the parent/guardian or
eligible student has the right to consent before students are required
to submit to a survey that concerns one or more of the protected areas
and to opt out of the following:
1. activities involving the
collection, disclosure or use of personal information collected from
students for the purpose of marketing or for selling that information;
2. the administration of any protected information survey; or
3. any non-emergency, invasive physical examination or screening (other than a hearing, vision or scoliosis screening) that is:
required as a condition of attendance;
administered by the school and scheduled by the school in advance; and
not necessary to protect the immediate health and safety of the student or of other students.
Psychiatric/psychological/behavior testing methods or procedures
School
personnel are prohibited under state law from recommending or requiring
the use of psychotropic drugs for students. They are also prohibited
from testing or requiring testing for a student's behavior without
giving notice to the parent/guardian describing the recommended testing
and how any test results will be used. Prior to conducting any such
testing, school personnel shall obtain written permission from the
parent/guardian or eligible student in accordance with applicable law.
School
personnel are encouraged to discuss concerns about a student's behavior
with the parent/guardian, and such discussions may include a suggestion
that the parent/guardian speak with an appropriate health care
professional regarding any behavior concerns that school personnel may
have. Only those persons appropriately certified or licensed may expose
students to any psychiatric or psychological method or procedure for the
purpose of diagnosis, assessment or treatment of any emotional,
behavioral or mental disorder or disability. Such methods or procedures
may only be performed after acquiring written permission from a
student's parent or guardian, or from the student in those circumstances
in which federal or state law allows the student to obtain such
services in confidence or without prior notice to the parent/guardian.
Licensed
school personnel are encouraged to be knowledgeable about psychiatric
or psychological methods and procedures but shall not be involved in any
diagnosis, assessment or treatment of any type of mental disorder or
disability unless appropriately certified. In accordance with state law,
school personnel including certified school psychologists are not
authorized to practice psychotherapy or utilize any psychiatric or
psychological procedure outside of or beyond their area of training,
experience or competence.
Ordinary classroom instruction,
activities and techniques involving the approved curriculum that teach
about psychological or psychiatric methods or procedures shall be
permissible and considered outside the scope of this policy. It is
understood that there is a significant difference between practicing
therapy and providing activities that may be therapeutic in nature. Any
teacher who questions whether a planned activity is one involving
psychiatric or psychological methods or procedures for which the teacher
may not be properly certified or licensed shall consult with the school
principal.
Special education evaluation
The
giving of parental permission for evaluation or re-evaluation of a
student with disabilities and any required consent to the provision of
special education services to a student with disabilities is governed by
state and federal law and is outside the scope of this policy.
LEGAL REFS.: 20 U.S.C. 1232g (Family Education Rights and Privacy Act)
20
U.S.C. 1232h (rights of students and parents to inspect instructional
materials and give prior consent for certain surveys, analysis and
evaluation)
C.R.S.13-22-101 (18 is age of competence for certain purposes)
C.R.S. 22-1-123
(district shall comply with federal law on protection of pupil rights;
Colorado provisions regarding survey, assessment, analysis and
evaluation of students)
C.R.S. 22-32-109 (1)(ee) (duty to adopt policy prohibiting personnel from ordering behavior tests without parent permission)
C.R.S. 22-32-109.2 (screening and treatment of emotional/mental disorders or disabilities)
C.R.S. 27-65-103 (voluntary applications for mental health services)
CROSS REFS.: GBEB, Staff Conduct
GCS, Professional Research and Publishing
IKA, Grading/Assessment Systems
JLCA, Physical Examinations of Students
JRA/JRC, Student Records/Release of Information on Students
LC, Relations with Education Research Agencies
[Revised May 2014]
COLORADO SAMPLE POLICY 1990©
Policy Code: JLF
Policy Name: Reporting Child Abuse/Child Protection
Adopted: July 2002
It is the policy of the Board of Education that this school district comply with the Child Protection Act.
To that end, any school official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, as defined by statute, shall immediately upon receiving such information report or cause a report to be made to the appropriate county department of social services or local law enforcement agency. Failure to report promptly may result in civil and/or criminal liability. A person who reports child abuse or neglect in good faith is immune from civil or criminal liability.
Reports of child abuse or neglect, the name and address of the child, family or informant or any other identifying information in the report shall be confidential and shall not be public information.
The Board shall provide periodic inservice programs for all teachers in order to provide them with information about the Child Protection Act, to assist them in recognizing and reporting instances of child abuse and to instruct them on how to assist victims and their families.
School employees and officials shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school official or employee to prove that the child has been abused or neglected.
The superintendent shall submit such procedures as are necessary to the Board for approval to accomplish the intent of this policy.
LEGAL REFS.: C.R.S. 19-1-103(1)(definition of child abuse or neglect)
C.R.S. 19-3-102 & 103 (definition of neglected or dependent child)
C.R.S. 19-3-304 (persons required to report abuse)
C.R.S. 19-3-307 (reporting procedures)
C.R.S. 19-3-309 (immunity from liability for persons reporting)
C.R.S. 22-32-109(1)(z) (providing inservice for teachers)
CROSS REFS.: GBEB, Staff Conduct
GBGB, Staff Personal Security and Safety
Policy Code: JLF-R
Policy Name: Reporting Child Abuse/Child Protection
Adopted: July, 2002
Revised: March, 2015
1. Definition of abuse or neglect
Child abuse or neglect is defined in law as "an act or omission which seriously threatens the health or welfare of a child." Specifically, this refers to:
a. Evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and such condition or death which is not justifiably explained or where the history given concerning such condition or death is at variance with the condition or the circumstances indicate that the condition may not be the product of an accidental occurrence.
b. Any case in which a child is subject to unlawful sexual behavior as defined in state law.
c. Any case in which a child is in need of services because the child's parents, legal guardians or custodians fail to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take.
d. Any case in which a child is subjected to emotional abuse which means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk or impairment of the child's intellectual or psychological functioning or development.
e. Any act or omission described as neglect in state law as follows:
i) A parent, guardian or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring.
ii) The child lacks proper parental care through the actions or omissions of the parent, guardian or legal custodian.
iii) The child's environment is injurious to his or her welfare.
iv) A parent, guardian or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care or any other care necessary for his or her health, guidance or well-being.
v) The child is homeless, without proper care or not domiciled with his or her parent, guardian or legal custodian through no fault of such parent, guardian or legal custodian.
vi) The child has run away from home or is otherwise beyond the control of his or her parent, guardian or legal custodian.
vii) A parent, guardian or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse and the parent, guardian or legal custodian has been the respondent in another proceeding in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse or has determined that such parent's, guardian's or legal custodian's abuse or neglect caused the death of another child; and the pattern of habitual abuse and the type of abuse pose a current threat to the child.
2. Reporting requirements
Any school employee who has reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact to the appropriate county department of social services, local law enforcement agency or through the statewide child abuse reporting hotline system. The employee must follow any oral report with a written report sent to the appropriate agency.
In cases where the suspected or known perpetrator is a school employee, the report should be made to the law enforcement agency. (Reports made to social services will be referred to law enforcement.)
If a child is in immediate danger, the employee should call 911. "Immediate" refers to abuse that occurs in the employee's presence or has just occurred.
The employee reporting suspected abuse/neglect to social services or law enforcement officials must inform the school principal as soon as possible orally or with a written memo.
The ultimate responsibility for seeing that the oral and written reports are made to social services or law enforcement agencies lies with the school official or employee who had the original concern.
3. Contents of the report
The following information should be included to the extent possible in the initial report:
a. Name, age, address, sex and race of the child.
b. Name and address of the child's parents, guardians and/or persons with whom the student lives.
c. Name and address of the person, if known, believed responsible for the suspected abuse or neglect.
d. The nature and extent of the child's injury or condition as well as any evidence of previous instances of known or suspected abuse or neglect of the child or the child's siblings-all with dates as appropriate.
e. The family composition, if known.
f. Any action taken by the person making the report.
g. Any other information that might be helpful in establishing the cause of the injuries or the condition observed.
It is helpful if the person reporting suspected abuse/neglect is prepared to give documentation. Thus, noting details of observations is important. It is permissible for the school official or employee to conduct a preliminary non-investigative inquiry of any injury or injuries under the following circumstances:
a. School personnel may inquire of the child how an injury occurred. Leading and/or suggestive questions should be avoided. School personnel may not contact the child's family or any other person suspected of causing the injury or abuse to determine the cause of the suspected abuse or neglect.
b. A school employee's reasonable cause to suspect that the child has been subjected to abuse or neglect may arise from a child's vague or inconsistent response to such an inquiry or from an explanation which does not fit the injury.
c. All efforts must be made to avoid duplicate or numerous interviews of the victim.
4. After filing reports
After the report is made to the agency, district and school staff members will cooperate with social services and law enforcement in the investigation of alleged abuse or neglect. The school will report any further incidents of abuse to the agency's representative.
As the case is being investigated, the school will provide supportive aid and counseling services for the child.
Once a report of child abuse is given to the agency, the responsibility for investigation and follow-up lies with the agency. It is not the responsibility of the school staff to investigate the case. Therefore, the school staff will not engage in the following activities:
a. Make home visits for investigative purposes.
b. Take the child for medical treatment.
c. Convey messages between the agency and the parents/guardian.
Authorized school and district personnel may make available to agency personnel assigned to investigate instances of child abuse the health or other records of a student for such investigative purposes.
5. Guidelines for consideration
a. If any school employee has questions about reasonable cause of child abuse and the need for making a report, the employee may consult with their building principal or direct supervisor. If this person is not available, a direct call to the county department of social services about concerns is advisable.
Note that consultation with another school official or employee will not absolve the school official or employee of the responsibility for reporting child abuse.
b. In an emergency situation requiring retention of the child at the school building due to fear that if released the child's health or welfare might be in danger, it should be observed that only law enforcement officials have the legal authority to hold a child at school.
Otherwise a court order must be obtained to legally withhold a child from his or her parent or guardian.
LEGAL REF.: C.R.S. 18-3-412.5 (1)(b) (definition of unlawful sexual behavior)
Policy Code: JLIA (VI. - 15.)
Policy Name: Educational Process and Supervision Defined
Adoption: November, 1995
Revised:
Reviewed: January, 2007
In
accordance with the requirements of the Public School Finance Act of
1988, as amended, the Board of Education defines the terms “educational
process: and “supervision by a certified teacher” as follows:
1.
“Educational Process” Includes all phases of instructional and
supervisory interaction which may be formal within the context of the
presentation of a lesson or during a study period. If includes, as well,
periods of time when the interaction is less formal such as during
recess or passing time between classes. The school lunch period is not
included within the scope of this definition.
2. “Supervision by a
Certified Teacher” refers to any time during the school day, exclusive
of lunch when a certified employee of the school district is responsible
for monitoring students within the educational process.
For the
purposes of establishing the school day and hour requirements of the
State, School District 14 establishes school time and the education
process as beginning with the tardy bell at the beginning of the day and
ending with the final dismissal bell at the end of the school day
excluding the school's designated lunch period.
Policy Code: JQ (X. - 19.)
Policy Name: Student Fees, Fines and Charges
Adoption: November, 1995
Revised:
Reviewed: January, 2007
In
accordance with the State Board of Education regulations, the school
district is to levy no textbook-workbook or material fees for items need
in required courses. Also, there shall be no textbook-workbook or
material feeds for any courses offered within the school. An assessment
may be made for personal use materials. No student will be kept out of
any class or be deprived of any needed materials if they are unable to
pay. The guidelines set for the free lunch program may be used as one
method of determining need for all materials to be free. Administrators
can consider any mitigating circumstances in providing free materials so
that no student is denied the right and privilege of taking any course
offered within the system. Students will be charged for excessive damage
to provided materials and books and for loss of books. There will be no
charge for normal wear and tear of books and materials.
Legal Reference:
C.R.S. 22 - 32 - 109 (u)
C.R.S. 22 - 32 - 116 (o)
Policy Code: JRA
Policy Name: Student Records/Release of Information on Students (Family Educational Rights and Privacy Act)
Adoption: November, 1995
Revised: September 25, 2006
Content and custody of records/information
Student
education records may contain, but will not necessarily be limited to,
the following information: identifying data; academic work competed;
level of achievement (grades, standardized achievement test scores);
attendance data; scores on standardized intelligence, aptitude and
psychological tests; interest inventory results; health and medical
information; family background information; teacher or counselor ratings
and observations, and reports of serious or recurrent behavior
patterns.
Education records do not include records maintained by a
law enforcement unit of the school or school district that are created
by that unit for the purpose of law enforcement.
Nothing in this
policy shall prevent administrators, teachers or staff from disclosing
information derived from personal knowledge or observation and not
derived from a student's education records.
All requests for
inspection and review of student education records and requests for
copies of such records, as well as disclosure of personally identifiable
information except as provided by law, shall be maintained as a part of
each student's record.
The principal is the official custodian of student records in his or her building.
Access to records by parent
A
parent/guardian (“parent”) and any student 18 years old or older, has
the right to inspect and review the student's education files. If a
student is 18 years old or older (“eligible student'), the parent or
guardian may not inspect or review the student records without written
permission from the student. However, if an eligible student is a
dependent for federal income tax purposes, parents/guardians are
entitled along with the student to access to student educational
records.
During inspection and review of student records by a
parent or eligible student and when requested by them, the principal
will provide the personnel necessary to give explanations and
interpretations of the students records.
In all cases where access
to student records is requested, except as provided in this policy, a
written request to see the files must be made by the parent or eligible
student. The principal, upon receipt of the written request, shall
provide access to inspect and review the records and set a date and time
for such inspection and review. In no case will the date set be more
than three working days after the request has been made.
The
patent of eligible student shall examine the student's records in the
presence of the principal and/ or other person(s) designated by the
principal.
Only licensed personnel such as the vice principal or counselor may be so designated.
The
record itself shall not be taken from the school building. However,
upon request, one copy of the record shall be proved with a reasonable
time to the parent or eligible student at a cost of .10 per page.
Requesting records from other school districts
When
a student transfers to this school district from another district, the
receiving school shall request the student's records from the
transferring district if the records have not already been forwarded to
the receiving school.
Transferring records to other school districts/post secondary institutions
Student
records, including disciplinary records, may be transferred without
consent to officials of another school, school system, or post secondary
institution that has requested the records and in which the student
seeks or intends to enroll. The district will provide a copy of the
record to the eligible student or student's parents if so requested.
Requesting and receiving information and records from state/local agencies
Within
the bounds of state law, school district personnel shall seek to obtain
such information regarding students as is required to perform their
legal duties and responsibilities, including protecting public safety
and the safety of the student. Such information may be obtained from the
judicial department or any state agency that performs duties and
functions under the Colorado Children's Code.
School district
personnel receiving such information shall use it only in the
performance of their legal duties and responsibilities and shall other
wise maintain the confidentiality of all information obtained.
If
such information is shared with another school or school district to
which a student may be transferring, it shall only be shared in
compliance with the requirements of
Federal law, including the Family Education rights and Privacy Act of 1974 (“FERPA”).
Request to amend education records
A
parent or eligible student may ask the district to amend a record they
believe is inaccurate, misleading or otherwise violates the privacy
rights of the student by writing to the school principal clearly
identifying the part of the record they want changed and specifying why
it is inaccurate, misleading or otherwise violates the privacy rights of
the student. The request to the principal to amend a student's records
must be made in writing within 10 school days of the date the records
were first examined.
If the principal, after consulting with any
other person having relevant information, decides not to amend the
record as requested by the parent or eligible student, the principal
shall notify the parent or eligible student of the decision and advise
them of their right to a hearing regarding the request for amendment.
Additional information regarding the hearing procedures shall be
provided to the parent or eligible student when notified of the right to
a hearing.
A request for a formal hearing must be made in writing
and addressed to the superintendent of schools. The response to the
request shall be mailed within 10 school days. The hearing shall be held
in accordance with the following:
The hearing will be held within
15 school days after receipt of the request. Notice of the date, place
and time of the hearing will be forwarded to the parent or eligible
student by certified mail.
The hearing will be conducted by a
principal or an Assistant Superintendent as designated in writing by
the superintendent. The official conducting the hearing shall not be the
principal who made the initial decision nor shall it be anyone with a
direct interest in the outcome of the hearing.
Parents or eligible
student shall be afforded a full and fair opportunity to present
evidence relevant to the issues raised and may be assisted or
represented by individuals or their choice at their own expense,
including an attorney.
The official designated above shall make a
decision in writing within 10 school days following the conclusion of
the hearing and shall notify the parent or eligible student of that
decision by certified mail.
The decision of the official shall be
based upon the evidence presented at the hearing and shall include a
summary of the evidence and the reason for the decision.
The
decision shall include a statement informing the patents or eligible
student of their right to place in the student records a statement
commenting upon the information in the records and/or setting forth any
reason for disagreement. Any explanation placed in the records shall be
maintained by the school district. If the student record is disclosed by
the school to any other party, the explanation shall also be disclosed
to that party.
7. Disclosure with written consent
Whenever
the district is required by law or policy to seek written consent prior
to disclosing personally identifiable information regarding a student,
the notice provided to the parent/guardian or eligible student shall
contain the following:
The specific records to be released
The specific reasons for such release
The specific identify of any person, agency or organization requesting such information and the intended uses of the information
The method or manner by which the records will be released
The right to review or receive a copy of the records to be released
Parental
consent shall only be valid for the specific instance for which it was
given. Consent for a student to participate in any course, school
activity special education or in any other school program shall not
constitute the specific written consent required.
8. Disclosure without written consent
The
school district will disclose personally identifiable information from
student records without written consent of the parent or eligible
student only to those persons or entities allowed under federal or state
law to receive such information.
The school district may disclose
group scholastic achievement data from which the individual cannot be
identified without written consent of the parent or eligible student.
9. Disclosure of disciplinary information to school personnel
In accordance with state law, the principal or designee is required to communicate
disciplinary information concerning any student enrolled in the school to any
teacher who has direct contact with the student in the classroom and to any
counselor who has direct contact with the student. The purpose of this requirement
is to keep school personnel apprised of situations that could pose a risk to the
safety and welfare of others.
For
purposes of this policy, “disciplinary information” means confidential
records maintained by or in possession of the principal or designee on
an individual student which indicate the student has committed an overt
and willful act which
constitutes a violation of the district's code
of student conduct and/or there is reasonable cause to believe, through
information provided to the principal from another credible source,
that the student could pose a threat to the health and
safety of
other students and school personnel based on prior misbehavior
“Disciplinary information” is intended to include only that information
of a serious nature that is not otherwise available to teachers and
counselors as part of the education records maintained on students or
other reports of disciplinary actions. It is appropriate for
instructional staff members to request disciplinary information from the
principal or designee on students in their classrooms if there is
concern that the student poses a threat to the safety of other students
or school officials.
Any teacher or counselor to whom disciplinary
information is reported shall maintain the confidentiality of the
information and shall not communicate it to any other person.
Disclosure to military recruiting officers
Names,
addresses and home telephone numbers, as well as directory information,
of secondary school students will be released to military recruiting
officers within 90 days of the request unless a parent/guardian or
eligible student submits
a written request that such information not
be released. Reasonable and customary actual expenses directly incurred
by the district in furnishing this information will be paid by the
requesting service.
11. Disclosure to Medicaid
In all
cases in which a student is enrolled in the Colorado Medicaid program,
the district shall release directory information consisting of the
student's name, date of birth and gender to Health Care Policy and
Financing (Colorado's Medicaid agency) to verify Medicaid eligibility of
students. The district shall obtain written consent annually from a
parent/guardian before the release of any non-
directory information required for billing.
12. Disclosure to criminal justice agencies
The
superintendent or designee is authorized by law to share disciplinary
and attendance information with a criminal justice agency investigating a
criminal matter
concerning a student enrolled or who will enroll in
the school district when necessary to effectively serve the student
prior to trial. Such information shall only be shared upon written
certification by the criminal justice agency that the information will
not be disclosed to any other party, except as specifically authorized
or required by law, without the prior written consent of the student's
parent/guardian.
13. Disclosure to other parties
Except
as noted in this policy, student records will not be released to other
individuals and parties without a written request and authorization of
the parent or eligible student. Personal information will only be
released to a third party with the assurance it will be kept
confidential.
14. Disclosure of directory information
The
school district may disclose directory information without written
consent of the parent or eligible student. The parent or eligible
student has the right to refuse to permit the designation of any or all
of the categories of directory information if such refusal is received
in writing in the office of the principal of the school where the
student is in attendance no later than 15 business days after the student is enrolled. Directory information
which may be released may include the student's name, major field of
study, participation in officially recognized activities and sports,
weight and height of members of athletic teams, dates of attendance,
degrees and awards received, the most recent previous education agency
or institution attended by the student, and other similar information.
Student telephone numbers and addresses will not be disclosed pursuant
to Colorado law.
15. Annual notification of rights
The
district will notify patents and eligible students of their rights
pursuant to this policy at the beginning of each academic year. The
notice will be in the form provided on exhibit JRA/JRC-E. For notice to
parents or eligible students who are disabled or whose primary or home
language is other than English, the format or method of notice will be
modified so it is reasonably likely to inform them of their rights.
A
copy of the Family Educational Rights and Privacy Act and this policy
on student records shall be on file in the office of each building
principal and of each individual who carries out procedures relative to
the act or policy.
LEGAL REFS.: 20 U.S.C. 1232G (Family
Educational Rights and Privacy Act)20 U.S.C. 7908 (military recruiter
information contained in No Child Left Behind Act of 2001) 34 C.F.R.
99.1 et seq. (FERPA regulations) Pub. L. 100-360, July 1, 1998 (Medicare
Catastrophic Coverage Act of 1998)
C.R.S. 19-1-303 and 304 (records and information sharing under Colorado
Children's Code)
C.R.S.22-1-122 (district shall comply with FERPA)
C.R.S.
22-32-109.1 (6) (duty to establish policy on sharing information
consistent with state and federal law in the interest of making school
safe)
C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies)
C.R.S.22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior)
C.R.S. 22-33-107.5 (school district to notify of failure to attend school)
C.R.S. 24-72-204 (3) (a) (VI) (schools cannot disclose address and phone number without consent)
C.R.S. 24-72-204 (3) (d) (information to military recruiters)
C.R.S. 24-72-204 (3) (e) (I) (certain FERPA provisions enacted into Colorado Law)
C.R.S. 24-72-204 (3) (e) (II) (disclosure by staff of information gained through
personal knowledge or observation)
C.R.S.
26-4-531 (district who contract to receive federal funds for health
services for students receiving Medicaid benefits may share information
as allowed by patent/guardian)
Policy Code: JRA/JRC
Policy Name: Student Records/Release of Information on Students
Date Adopted: November 1985
Date Reviewed: January 2018
In recognition of the confidential nature of student education records, no person or agency may access student education records without prior written consent from the student’s parent/guardian or the eligible student, except as set forth in law and this policy.
The superintendent or designee shall provide for the proper administration of student records in accordance with law, including the implementation of safeguard measures or procedures regarding access to and disclosure of student education records.
Content and custody of student education records
The principal is the official custodian of records in his or her building.
Student education records in all formats and media, including photographic and electronic, are those records that relate directly to a student. Student education records may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health and medical information; family background information; teacher or counselor ratings and observations; reports of serious or recurrent behavior patterns and any Individualized Education Program (IEP).
Student education records do not include records maintained by a law enforcement unit of the school or school district that are created by that unit for the purpose of law enforcement.
Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from a student’s education records.
In accordance with applicable law, requests for inspection and review of student education records, requests for copies of such records, and disclosure of personally identifiable information therein shall be maintained as a part of each student’s education record.
School personnel shall use reasonable methods to authenticate the identity of parents, students, school officials, and any other party to whom they disclose student education records. Authentication of identity prior to disclosure of electronic records through passwords or other security measures shall be required.
Access to student education records by parents and eligible students
A parent/guardian (“parent”) has the right to inspect and review his or her child’s education records, if the student is under 18 years of age. If a student is 18 years old or older (“eligible student”), the student may inspect or review his or her own education records and provide written consent for disclosure of such records and personally identifiable information therein. However, the parent is also entitled to access his/her child’s education records, despite the lack of written consent from the eligible student, if the eligible student is a dependent for federal income tax purposes or the disclosure is in connection with a health or safety emergency. Access to student education records by parents or eligible students shall be in accordance with the regulation accompanying this policy.
Request to amend student education records
A parent or eligible student may ask the district to amend a student education record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student. Student grades cannot be challenged pursuant to this policy. Requests to amend a student education record shall be in accordance with the regulation accompanying this policy.
Disclosure with written consent
Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information from a student’s education record, the notice provided to the parent or eligible student shall contain the following:
a. The specific records to be disclosed;
b. The specific reasons for such disclosure;
c. The specific identity of any person, agency or organization requesting such information and the intended uses of the information;
d. The method or manner by which the records will be disclosed; and
e. The right to review or receive a copy of the records to be disclosed.
The parent’s or eligible student’s consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity, special education program or in any other school program shall not constitute the specific written consent required by this policy.
All signed consent forms shall be retained by the school district.
Disclosure without written consent
The district may disclose student education records or personally identifiable information contained therein without written consent of the parent or eligible student if the disclosure meets one of the following conditions:
1. The disclosure is to a school official having a legitimate educational interest in the student education record or the personally identifiable information contained therein. In accordance with law, only those school officials who have a legitimate educational interest as described in this policy shall be permitted access to specific student education records.
a. For purposes of this policy, a “school official” is a person employed by the district as an administrator, supervisor, teacher or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education; a person or company with whom the district has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, consultant or therapist); a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student or other volunteer assisting another school official in performing his or her tasks.
b. A school official has a “legitimate educational interest” if disclosure to the school official is: (1) necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement; (2) used within the context of official district business and not for purposes extraneous to the official’s areas of responsibility; (3) relevant to the accomplishment of some task or to a determination about the student; and (4) consistent with the purposes for which the data are maintained.
2. The disclosure is to officials of another school, school system or postsecondary institution that has requested the records and in which the student seeks or intends to enroll, or has enrolled. Any records sent during the student’s application or transfer period may be supplemented, updated or corrected as necessary.
3. The disclosure is to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities.
4. The disclosure is in connection with a student’s application for, or receipt of, financial aid.
5. The disclosure is to state and local officials and concerns the juvenile justice system’s ability to effectively serve, prior to adjudication, the student whose records are disclosed as provided under the Colorado Open Records Act and Colorado Children’s Code. Such records and personally identifiable information shall only be disclosed upon written certification by the officials that the records and information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the parent or eligible student.
6. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; to administer student aid programs; or to improve instruction.
7. The disclosure is to accrediting organizations for accrediting functions.
8. The disclosure is to the parent of an eligible student and the student is a dependent for IRS tax purposes.
9. The disclosure is in connection with an emergency, if knowledge of the information is necessary to protect the health or safety of the student or others.
10. The disclosure is to comply with a judicial order or lawful subpoena. The district shall make a reasonable effort to notify the parent or eligible student prior to complying with the order or subpoena unless:
a. The court order or subpoena prohibits such notification; or
b. The parent is a party to a court proceeding involving child abuse and neglect or dependency matters and the court order is issued in the context of that proceeding.
11. The disclosure is to the Secretary of Agriculture, or authorized representative from the USDA Food and Nutrition Service or contractors acting on behalf of the USDA Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations and performance measurements of state and local educational agencies receiving funding or providing benefits of program(s) authorized under the National School Lunch Act or Child Nutrition Act.
12. The disclosure is to an agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access the student’s case plan because such agency or organization is legally responsible, in accordance with applicable state or tribal law, for the care and protection of the student.
13. The disclosure is of “directory information” as defined by this policy.
Disclosure of directory information
Directory information may also be disclosed without written consent of the parent or eligible student. “Directory information” means information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information which may be released includes but is not limited to the student's name, email address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors and awards received, the most recent previous education agency or institution attended by the student, and other similar information. Directory information also includes a student identification number or other unique personal identifier displayed on a student ID badge or used by the student to access or communicate in electronic systems, but only if the identifier cannot be used to gain access to student education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a password known only by the authorized user.
Student telephone numbers and addresses shall not be disclosed pursuant to this section.
The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 1 or the following Monday if September 1 is a Saturday or Sunday.
Disclosure of disciplinary information to school personnel
In accordance with state law, the principal or designee shall communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person.
State law requires the principal or designee to inform the student and the student’s parent when disciplinary information is communicated and to provide a copy of the shared disciplinary information. The student and/or the student’s parent may challenge the accuracy of such disciplinary information through the process outlined in this policy and accompanying regulation.
Disclosure to military recruiting officers
Names, addresses and home telephone numbers, as well as directory information, of secondary school students shall be released to military recruiting officers within 90 days of the request, unless a parent or eligible student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the district in furnishing this information will be paid by the requesting service.
Disclosure to Medicaid
In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall release directory information consisting of the student’s name, date of birth and gender to Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. The district shall obtain written consent annually from a parent before the release of any non-directory information required for billing. To accomplish this, the district shall:
NOTE: Choose one or more of the following.
include a consent form with the “start of school” information each fall.
include a consent form with IEP packet materials.
include a consent provision on the Medical Emergency form.
Disclosure to the Colorado Commission on Higher Education (CCHE)
On or before December 31 of each school year, the school district shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law.
Annual notification of rights
The district shall notify parents and eligible students of their rights pursuant to this policy at the beginning of each academic year. For notice to parents or eligible students who are disabled or whose primary or home language is other than English, the format or method of notice will be modified so it is reasonably likely to inform them of their rights.
A copy of the Family Educational Rights and Privacy Act, and this policy and accompanying regulation and exhibit may be obtained from the office of the superintendent during normal business hours.
Governing law
The district shall comply with the Family Educational Rights and Privacy Act (FERPA) and its regulations as well as state law governing the confidentiality of student education records. The district shall be entitled to take all actions and exercise all options authorized under the law.
In the event this policy or accompanying regulation does not address a provision in applicable state or federal law, or is inconsistent with or in conflict with applicable state or federal law, the provisions of applicable state or federal law shall control.
(Adoption date)
LEGAL REFS.: 20 U.S.C. 1232g (Family Educational Rights and Privacy Act)
20 U.S.C. 7908 (military recruiter access to student records)
34 C.F.R. 99.1 et seq. (FERPA regulations)
34 C.F.R. 300.610 et seq. (IDEIA regulations concerning confidentiality of student education records)
C.R.S. 19-1-303 and 304 (records and information sharing under Colorado Children’s Code)
C.R.S. 22-1-123 (district shall comply with FERPA)
C.R.S. 22-32-109 (1)(ff) (duty to establish policy on disclosing eighth grade students names and mailing addresses to the Colorado Commission on Higher Education)
C.R.S. 22-32-109.1 (6) (duty to establish policy on sharing information consistent with state and federal law in the interest of making schools safe)
C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies)
C.R.S. 22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior)
C.R.S. 22-33-107.5 (school district to notify of failure to attend school)
C.R.S. 24-72-204 (2)(e) (denial of inspection of materials received, made or kept by Safe2Tell Program)
C.R.S. 24-72-204 (3)(a)(VI) (schools cannot disclose address and phone number without consent)
C.R.S. 24-72-204 (3)(d) (information to military recruiters)
C.R.S. 24-72-204 (3)(e)(I) (certain FERPA provisions enacted into Colorado Law)
C.R.S. 24-72-204 (3)(e)(II) (disclosure by staff of information gained through personal knowledge or observation)
C.R.S. 24-72-205 (5) (fee for copying public record)
C.R.S. 25.5-1-116 (confidentiality of HCPF records)
CROSS REFS.: JK, Student Discipline
JLC, Student Health Services and Records
JRCA*, Sharing of Student Records/Information between School District and State Agencies
KLMA, Relations with Military Recruiters, Postsecondary Institutions and Prospective Employers
Policy Code: JRCA
Policy Name: Sharing of Student Records/Information between School District and State Agencies
Adoption: July, 2007
It
is the Board of Education's intention to utilize all avenues under
state law to facilitate the sharing of relevant student records and
information when necessary to protect the safety and welfare of school
district staff, visitors, students, and the public and to protect
property.
The superintendent is directed to develop procedures and a
training program for staff consistent with this policy. The procedures
shall direct school district personnel to provide and obtain student
records and information to/from state agencies, including law
enforcement and judicial department agencies, to the extent required or
allowed by state and federal law.
Sharing of information by the school district
Disciplinary and attendance information shall only be shared with a
criminal justice agency investigating a criminal matter concerning a
student enrolled or who will enroll in the school district when
necessary to effectively serve the student prior to adjudication. Such
information shall only be shared upon written certification by the
criminal justice agency that the information will not be disclosed to
any other party, except as specifically authorized or required by law,
without the prior written consent of the student's parent/guardian.
School personnel who share disciplinary and attendance information
concerning a student pursuant to this policy are immune from civil and
criminal liability if they act in good faith compliance with state law.
Nothing in this policy shall prevent administrators, teachers or staff
from disclosing information derived from personal knowledge or
observation and not derived from student's education records.
Information obtained from state agencies
Within the bounds of state law, school district personnel shall seek to
obtain such information regarding students as is required to perform
their legal duties and responsibilities, including to protect public
safety and safety of the student. Such information may be obtained from
the judicial department or any state agency that performs duties and
functions under the Colorado Children's Code.
School district
personnel receiving such information shall use it only in the
performance of their legal duties and responsibilities and shall
otherwise maintain the confidentiality of all information obtained.
School personnel who knowingly violate this provision are subject to
disciplinary action pursuant to district policy and to a civil penalty
of up to $1,000.
If such information is shared with another school
or school district to which a student may be transferring, it shall only
be shared in compliance with the requirements of federal law, including
the Family Education Rights and Privacy Act of 1974 (“FERPA”).
When
a petition is filed in juvenile court or district court that alleges a
student between the ages of 12 to 18 years has committed an offense that
would constitute unlawful sexual behavior or a crime of violence if
committed by an adult, basic identification information, as defined in
state law, along with the details of the alleged delinquent act or
offense, is required by law to be provided immediately to the school
district in which the juvenile is enrolled.
The information shall be
used by the Board of Education or its designee to determine whether the
student has exhibited behavior that is detrimental to the safety,
welfare, and morals of the other students or school personnel and
whether educating the student in the school may disrupt the learning
environment in the school, provide a negative example for other
students, or create a dangerous and unsafe environment for students,
teachers, and other school personnel. The Board or its designee shall
take appropriate disciplinary action, which may include suspension or
expulsion, in accordance with the student code of conduct and related
policies.
LEGAL REFS.: 20 U.S.C. §1232g (Family Educational Rights and Privacy Act)
34 C.F.R. §99.1 et seq. (Regulations)
C.R.S. 19-1-303 and 304 (records and information sharing under Colorado Children's Code)
C.R.S. 19-1-304(5.5) (duty of prosecuting attorney to provide juvenile delinquency records)
C.R.S. 22-1-122 (district shall comply with FERPA)
C.R.S. 22-32-109.1(6) (duty to establish policy on sharing information
consistent with state and federal law in the interest of making schools
safer)
C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies)
C.R.S. 22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior)
C.R.S. 22-33-107.5 (school district to notify of failure to attend school)
C.R.S. 24-72-204 (3)(e)(I) (certain FERPA provisions enacted into Colorado Law)
C.R.S. 24-72-204(3)(e)(II)
Policy Code: File: JS
Policy Name: Student Use of the Internet and Electronic Communications
Adopted: December 2008
Revised: October 2013
The
Internet and electronic communications (email, chat rooms and other
forms of electronic communication) have vast potential to support
curriculum and student learning. The Board of Education believes they
should be used in schools as a learning resource to educate and to
inform.
Use of the Internet and electronic communications require
students to think critically, analyze information, write clearly, use
problem-solving skills and hone computer and research skills that
employers demand. Use of these tools also encourages an attitude of
lifelong learning and offers an opportunity for students to participate
in distance learning activities, ask questions of and consult with
experts, communicate with other students and individuals and locate
material to meet educational and personal information needs.
The
Internet and electronic communications are fluid environments in which
students may access materials and information from many sources,
including some that may be harmful to students. While it is impossible
to predict with certainty what information students might locate or come
into contact with, the district shall take reasonable steps to protect
students from accessing material and information that is obscene, child
pornography or otherwise harmful to minors, as defined by the Board.
Students shall take responsibility for their own use of district
technology devices to avoid contact with material or information that
may be harmful to minors. For purposes of this policy, “district
technology device” means any district-owned computer, hardware,
software, or other technology that is used for learning purposes and has
access to the Internet.
Blocking or filtering obscene, pornographic and harmful information
Technology
measures that block or filter material and information that is obscene,
child pornography or otherwise harmful to minors, as defined by the
Board, shall be utilized when effective and applicable for all district
owned technology devices. This filtration system shall be at the server
level (internet access via wireless fidelity). Students shall report
access to material and information that is inappropriate, offensive or
otherwise in violation of this policy to the supervising staff member.
If a student becomes aware of other students accessing such material or
information, he or she shall report it to the supervising staff member.
The Board also considers the following an additional measure for
blocking or filtering obscene, pornographic and harmful information:
Parents/Guardians may also utilize the district's opt in/opt out
provision for utilizing district owned technology devices away from
school facilities and choose to opt out if so desired.
No expectation of privacy
District
technology devices are owned by the district and are intended for
educational purposes at all times. Students shall have no expectation of
privacy when using district technology devices. The district reserves
the right to monitor, inspect, copy, review and store (at any time and
without prior notice) all usage of district technology devices,
including all Internet and electronic communications access and
transmission/receipt of materials and information. All material and
information accessed/received through district technology devices shall
remain the property of the school district.
Unauthorized and unacceptable uses
Students shall use district technology devices in a responsible, efficient, ethical and legal manner.
Because
technology and ways of using technology are constantly evolving, every
unacceptable use of district technology devices cannot be specifically
described in policy. Therefore, examples of unacceptable uses include,
but are not limited to, the following.
No student shall access, create, transmit, retransmit or forward material or information:
- that
promotes violence or advocates destruction of property including, but
not limited to, access to information concerning the manufacturing or
purchasing of destructive devices or weapons
- that is not related to district education objectives
- that
contains pornographic, obscene or other sexually oriented materials,
either as pictures or writings, that are intended to stimulate erotic
feelings or appeal to prurient interests in nudity, sex or excretion
- that
harasses, threatens, demeans, or promotes violence or hatred against
another person or group of persons in violation of the district's
nondiscrimination policies
- for personal profit, financial gain, advertising, commercial transaction or political purposes
- that plagiarizes the work of another without express consent
- that uses inappropriate or profane language likely to be offensive to others in the school community
- that is knowingly false or could be construed as intending to purposely damage another person's reputation
- that
is in violation of any federal or state law or district policy,
including but not limited to copyrighted material and material protected
by trade secret
- that contains personal information about themselves or others, including information protected by confidentiality laws
- using another individual's Internet or electronic communications account without written permission from that individual
- that impersonates another or transmits through an anonymous remailer
- that accesses fee services without specific permission from the system administrator
Security
Security
on district technology devices is a high priority. Students who
identify a security problem while using district technology devices must
immediately notify a system administrator. Students should not
demonstrate the problem to other users. Logging on to the Internet or
electronic communications as a system administrator is prohibited.
Students shall not:
- use another person's password or any other identifier
- gain or attempt to gain unauthorized access to district technology devices
- read, alter, delete or copy, or attempt to do so, electronic communications of other system users
Any
user identified as a security risk, or as having a history of problems
with technology, may be denied access to the Internet, electronic
communications and/or district technology devices.
Safety
In the interest of student safety and security, the district shall educate students [Optional language:
and parents] about appropriate online behavior, including cyberbullying
awareness and response; and interacting on social networking sites, in
chat rooms, and other forms of direct electronic communications.
Students
shall not reveal personal information, such as home address or phone
number, while using the Internet or electronic communications. Without
first obtaining permission of the supervising staff member, students
shall not use their last name or any other information that might allow
another person to locate him or her. Students shall not arrange
face-to-face meetings with persons met on the Internet or through
electronic communications.
Vandalism
Vandalism
will result in cancellation of privileges and may result in legal
action and/or disciplinary action, including suspension and/or
expulsion, in accordance with Board policy concerning suspension,
expulsion and other disciplinary interventions. Vandalism is defined as
any malicious or intentional attempt to harm, destroy, modify, abuse or
disrupt operation of any network within the school district or any
network connected to the Internet, operation of any form of electronic
communications, the data contained on any network or electronic
communications, the data of another user, usage by another user, or
district technology device. This includes, but is not limited to, the
uploading or creation of computer viruses and the use of encryption
software.
Unauthorized content
Students are
prohibited from using or possessing any software applications, mobile
apps or other content that has been downloaded or is otherwise in the
user's possession without appropriate registration and payment of any
fees.
Assigning student projects and monitoring student use
The
district will make reasonable efforts to see that the Internet and
electronic communications are used responsibly by students.
Administrators, teachers and staff have a professional responsibility to
work together to monitor students' use of the Internet and electronic
communications, help students develop the intellectual skills needed to
discriminate among information sources, to identify information
appropriate to their age and developmental levels, and to evaluate and
use information to meet their educational goals. Students shall have
specifically defined objectives and search strategies prior to accessing
material and information on the Internet and through electronic
communications.
Opportunities shall be made available on a regular
basis for parents to observe student use of the Internet and electronic
communications in schools.
All students shall be supervised by
staff while using the Internet or electronic communications at a ratio
of at least one staff member to each __[insert number]__
students. Staff members assigned to supervise student use shall have
received training in Internet and electronic communications safety and
monitoring student use.
Student use is a privilege
Use
of the Internet and electronic communications demands personal
responsibility and an understanding of the acceptable and unacceptable
uses of such tools. Student use of the Internet, electronic
communications and district technology devices is a privilege, not a
right. Failure to follow the use procedures contained in this policy
shall result in the loss of the privilege to use these tools and
restitution for costs associated with damages, and may result in legal
action and/or disciplinary action, including suspension and/or
expulsion, in accordance with Board policy concerning suspension,
expulsion and other disciplinary interventions. The school district may
deny, revoke or suspend access to district technology or close accounts
at any time.
Students and parents/guardians shall be required to
sign the district's Acceptable Use Agreement annually before Internet or
electronic communications accounts shall be issued or access shall be
allowed.
School district makes no warranties
The
school district makes no warranties of any kind, whether express or
implied, related to the use of district technology devices, including
access to the Internet and electronic communications services. Providing
access to these services does not imply endorsement by the district of
the content, nor does the district make any guarantee as to the accuracy
or quality of information received. The district shall not be
responsible for any damages, losses or costs a student suffers in using
the Internet and electronic communications. This includes loss of data
and service interruptions. Use of any information obtained via the
Internet and electronic communications is at the student's own risk.
(Adoption date)
LEGAL REFS.: 20 U.S.C. 6751et seq. (Enhancing Education Through Technology Act of 2001)
47 U.S.C. 254(h) (Children's Internet Protection Act of 2000)
47 C.F.R. Part 54, Subpart F (Universal Support for Schools and Libraries)
C.R.S. 22-87-101et seq. (Children's Internet Protection Act)
CROSS REFS.: AC, Nondiscrimination/Equal Opportunity
EGAEA, Electronic Communication
JB, Equal Educational Opportunities
JKD/JKE, Suspension/Expulsion of Students
[Revised June 2013]
COLORADO SAMPLE POLICY 1996
Policy Code: JS*-E
Policy Name: Student Use of the Internet and Electronic Communications
(Annual Acceptable Use Agreement and Technology User Agreement)
Adopted: May 2013
Revised: May 2013
Manitou
Springs School District provides all students with access to
computers/laptops/ipads, a g-mail account, the Internet, and an array of
technology resources and applications to promote educational
excellence. Students may use these Information Technology (IT) Resources
for class work, research, and preparation of assignments, communication
and the development of skills in using computer, computer systems and
technological devices.
Care must be taken to ensure the resources
and students are protected from harm and are not exposed to offensive or
illegal materials. To have access to the schools' IT resources,
students must agree to abide by this MSSD14 IT Acceptable Use Policy on
an annual basis. The staff and the parent and/or legal guardian of each
student will share the responsibility of educating the student of his or
her responsibilities and ethical expectations when using technology at
and away from school.
For my own personal safety:
I will be cautious of strangers when I am communicating online.
I will not publicly post any private information about myself or others while online.
I will not share my username or password. I will not intentionally
search the Internet for inappropriate, obscene, pornographic, or harmful
material while using district equipment at school and away from school.
Access
is a privilege, not a right. Just as students are responsible for good
behavior in a classroom or school hallway, they must also be responsible
when using school computer networks or personal technologies. Students
may use equipment and resources that are made available by the school
under the following conditions:
Students will not give their
password to any other person or log in under another user name under any
circumstances. Sharing passwords is a security risk.
Privacy and
network security are to be observed. Students must not under any
circumstances access files, software or areas of the network, which are
not designated for their use.
All students will be given a g-mail account and are expected to check this account on a regular basis.
Students
will have access to a file storage location (file server) to store
school-related files. Access to this personal directory is restricted to
the user, network administrators and teachers.
All access to MSSD14 computers is subject to monitoring and logging.
Files found to contain materials inappropriate for school use and/or
virus infections are subject to deletion. Where appropriate,
disciplinary action may be taken.
Only software purchased or approved by the school and installed by the school can be used on school equipment.
Users
will be held personally and financially responsible for malicious or
intentional damage done to network software, data, user accounts,
hardware and/or unauthorized costs incurred.
Using proxy sites or other means to subvert the district's filtering system are not allowed.
Direct
communications such as social networks will be used only under the
supervision of a teacher and only as part of educational on-line
activities while at school. Parents assume full responsibility of use of
social networks while students are using district issued devices while
away from school.
Cyber-bullying is not acceptable ethical behavior. “Cyber-bullying” shall mean using communication methods on the Internet to:
send or post cruel messages or images, or sensitive and private information
threaten others
exclude others
harass, intimidate others
pretend to be someone else
Plagiarism, Piracy and Copyright Infringement
Students will not plagiarize. Plagiarism is taking the ideas or writing of others and presenting them as if they were yours.
Software
copyright is to be observed at all times - in accordance with the
software publisher's agreement. It is illegal to use, copy or distribute
software in violation of the publisher's user agreement. Illegal
software is not to be copied to MSSD14 computers.
Students will respect the rights of copyright owners.
Sustainability
print responsibly and consider the environment before printing (if
something did not print the first time, it probably won't print the
second time, avoid extra print jobs)
Students
I have read,
understand and will abide by the district's policy on Student Use of the
Internet and Electronic Communications (Policy JS). Should I commit any
violation or in any way misuse my access to the school district's
computers, computer systems and technological devices, including use of
the Internet and electronic communications while at school or away from
school, I understand and agree that my access privileges may be revoked
and disciplinary and/or legal action may be taken.
If I am 18 years
or older, I hereby release the school district from all costs, claims,
damages or losses resulting from my use of district computers, computer
systems and technological devices, including use of the Internet and
electronic communications, including but not limited to any user fees or
charges incurred through the purchase of goods or services.
Your
signature on this Acceptable Use Agreement is binding and indicates you
have read the school district's policy on Student Use of the Internet
and Electronic Communications (JS and JS-E) and understand its
significance.
______________________________ ________________
Student's Name (printed) Date of Birth (day/mo/yr)
______________________________ ___________________
Student's Signature Date
______________________________
Parent/Guardian's Name (printed)
______________________________ _____________________
Parent/Guardian's Signature Date
Manitou Springs School District 14
405 EL MONTE PLACE
MANITOU SPRINGS, COLORADO 80829
At the Foot of Pikes Peak
Edward D. Longfield, Superintendent of Schools
Opt In / Opt Out Form
Please choose one of the two options, sign and return the form to school
Opt In:
I want my child to have access to his/her school-issued iPad beyond
normal school hours, and I grant permission for my child to bring
his/her iPad home.
I acknowledge that my child's iPad will be
coming home with a technology protection measure. Furthermore, I
acknowledge that my child, accidentally or purposely, might gain access
to inappropriate, or non-educational material when using his/her iPad
away from school.
I take responsibility for my child's use of the iPad device while he/she is away from school.
I have read, understand, and agree to Manitou Springs School District's Student and Parent/Guardian iPad Agreement.
Although
I have selected “opt in” for the iPad coming home, I request “digital
counseling” to become better informed/educated on internet safety.
____________________________________ ____________
Student Name Date
_________________________________ _________________________________
Parent/Guardian Name Parent/Guardian Signature
Opt Out:
I do not grant permission for my child to bring his/her iPad home.
Students
will benefit from exciting, interactive, and rich learning experiences
using the iPad at school. Students may take advantage of the school's
staff-supervised, iPad lab during after school hours, or complete work
on a personal home computer or device.
Although I have selected
the “opt out” for the iPad coming home, I request “digital counseling”
to become better informed/educated on internet safety.
____________________________________ _____________
Student Name Date
_________________________________ _________________________________
Parent/Guardian Name Parent/Guardian Signature