Policy J3 – Students

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
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-R
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. 22-33-202

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   

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.

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 pursuant to
C.R.S. 25-1.5-109. 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
Date Reviewed:

Medication may be given legally only by school personnel whom a registered nurse has trained and delegated the task of giving such medication. No prescription or nonprescription medication shall be administered at school by the school nurse or other school designee without the following requirements being met:

1. Medication shall be in the original properly labeled container. If it is a prescription medicine, the student’s name, name of the drug, dosage, time for administering, name of physician and current date shall be printed on the container.

2. The school shall have received written permission from the doctor, dentist or other professional licensed to prescribe medication to administer the medication.

3. The school shall have received written permission from the parent/guardian to administer the medication. When such a request is made by a parent/guardian, a full release from the responsibilities pertaining to side effects or other medical consequences of such medications also must be presented.

All medication shall be safeguarded at school to avoid any risk that it may be improperly administered to anyone.

Self-administration of medication for asthma or anaphylaxis

A student with asthma, severe allergies, or other related, life-threatening condition may possess and self-administer medication to treat the student’s asthma, anaphylaxis or other 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 regulation JLCD-R.

Authorization for a student to possess and self-administer medication to treat the student’s asthma, 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 parents/guardian if the student demonstrates an inability to responsibly possess and self-administer such medication.

Sharing, borrowing or distribution of medication is prohibited. The student’s authorization to self-administer medication may be revoked by the school principal after consultation with the school nurse and the student’s parents/guardian and the student may be subject to disciplinary consequences, including suspension and/or expulsion, for violation of this policy.

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 s 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.

(Adoption date)

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 and Anaphylaxis Health Management Act)

C.R.S. 24-10-101 et seq. (Colorado Governmental Immunity Act)

6 CCR 1010-6, Rule 9-105 (regulations)

6 CCR 1010-6, Rule 9-106 (regulations)

CROSS REF.: JLCE, First Aid and Emergency Medical Care

[Revised July 2007]

COLORADO SAMPLE POLICY 1995

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: 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 September 1 or the following Monday if September 1 is a Saturday or Sunday.  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-R
Policy Name: Student Records/Release of Information on Students
Date Adopted: January 24, 2011
Date Reviewed:

In accordance with policy JRA/JRC, this regulation contains the procedures to follow when a parent or eligible student seeks to review or challenge the content of student education records.

Request to review student education records
1.  The parent or eligible student shall submit a written request to the principal of the school attended by the student, asking to review the student’s education records.
2.  Upon receipt of the written request, the principal or designee shall set a date and time for inspection and review of the records (usually within three working days after the request has been made).
3.  The parent or eligible student shall examine the student’s education records in the presence of the principal and/or other person(s) designated by the principal.  The record itself shall not be taken from the school building.
4.  During inspection and review of student education records by a parent or eligible student and when requested by them, the principal will provide personnel necessary to give explanations and interpretations of the records.
5.  Upon request, one copy of the record shall be provided within a reasonable time to the parent or eligible student at a cost of $0.25 per page.

Request to amend student education records
1.  The parent or eligible student shall submit a written request to the principal [or appropriate school official], clearly identifying the part of the record to be amended and specifying why the record is inaccurate, misleading or otherwise violates the student’s privacy rights.
2.  The written request to amend the student’s education records must be made in writing within 10 school days of the date the records were first examined by the parent or eligible student, unless additional time is granted by the district for good cause shown.
3.  If the principal or school official denies the request to amend the student education record, the principal/school official shall notify the parent or eligible student of the decision and advise him or her of the right to a hearing to appeal the denial.
Request for a formal hearing
A request for a formal hearing must be made in writing and addressed to the superintendent of schools.  The district’s response to the request shall be mailed within 10 school days.
The hearing shall be held in accordance with the following:
1.  The hearing will be held within 25 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.
2.  The hearing will be conducted by a principal or higher administrative official 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.
3.  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 of their choice at their own expense, including an attorney.
4.  The official designated above shall make a decision in writing within 20 school days following the conclusion of the hearing and shall notify the parent or eligible student of that decision by certified mail.
5.  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.
6.  The decision shall include a statement informing the parents or eligible student of the right to place in the student education record 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 district.  If the student education record is disclosed by the district to any other party, the explanation shall also be disclosed to that party.

 

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. 22-87-101 et 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

Superintendent’s Corner

longfieldWelcome to Manitou Springs School District 14 — where children receive a world-class education in a small public school setting. In fact, we are the last small public school system in the Colorado Springs metropolitan area. Our mission is to establish deep, meaningful relationships with our students, their parents, and our community.

Read More

             

Manitou Springs School District