Kirksville R-III School District€¦ · Web viewSTUDENT - PARENT. NOTIFICATIONS. 2015-16. Kirksville R-III School District. 1901 East Hamilton. Kirksville, Missouri 63501. The

STUDENT - PARENTNOTIFICATIONS

2015-16

Kirksville R-III School District1901 East Hamilton

Kirksville, Missouri 63501

The mission of the Kirksville R-III School District is all students will achieve their potential and become productive citizens.

Dr. Damon KizzireSuperintendent of Schools

www.kirksville.k12.mo.us

TABLE OF CONTENTSAccreditation.................................................................................................................................................................. 3Governance.................................................................................................................................................................... 3School Board Members.................................................................................................................................................. 3Administrative Personnel............................................................................................................................................... 3Prohibition Against Discrimination, Harassment and Retaliation..................................................................................4School Starting Times...................................................................................................................................................12Student Absences and Excuses.....................................................................................................................................12Breakfast and Lunch Program ......................................................................................................................................13Entrance Age and Attendance.......................................................................................................................................13Reporting of Academic Progress..................................................................................................................................14Illness at School............................................................................................................................................................14Weather Closures..........................................................................................................................................................14Visitors to District Property/Events..............................................................................................................................14Technical Center...........................................................................................................................................................16Community Education..................................................................................................................................................16Programs for Students with Disabilities........................................................................................................................16Parents as Teachers Program........................................................................................................................................20No Child Left Behind Act of 2001 (NCLB) – Complaint Procedures..........................................................................21Parents Right-to-Know Notification ………………………………………………………………………………….23Programs for English Language Learners ....................................................................................................................23Programs for Homeless Students..................................................................................................................................24Student Transportation..................................................................................................................................................27District-Sponsored Extracurricular Activities and Organizations – Citizenship Code ................................................29Student Drug Testing ...................................................................................................................................................34Student Health Services and Requirements .................................................................................................................37Communicable Diseases...............................................................................................................................................39Due Process...................................................................................................................................................................40Student Records............................................................................................................................................................41Technology Usage.........................................................................................................................................................47Surveying, Analyzing or Evaluating Students..............................................................................................................54Asbestos Management Plan..........................................................................................................................................55Student Discipline.........................................................................................................................................................56 Academic Dishonesty..............................................................................................................................................57 Arson........................................................................................................................................................................58 Assault......................................................................................................................................................................58 Automobile/Vehicle Misuse....................................................................................................................................58 Bullying and Cyberbullying.....................................................................................................................................59 Bus or Transportation Misconduct...........................................................................................................................59 Dishonesty................................................................................................................................................................59 Disrespectful or Disruptive Conduct or Speech.......................................................................................................59 Drugs/Alcohol..........................................................................................................................................................60 Extortion...................................................................................................................................................................60 Failure to Care for or Return District Property…………………………………………………………………….60 Failure to Meet Conditions of Suspensions, Expulsion or Other Disciplinary Consequences................................61 False Alarms........................................................................................................................................................... 61 Fighting....................................................................................................................................................................62 Fireworks.................................................................................................................................................................62 Harassment, Including Sexual Harassment..............................................................................................................62 Hazing......................................................................................................................................................................62 Nuisance Items.........................................................................................................................................................63 Public Display of Affection.....................................................................................................................................63 Sexting and/or Possession of Sexually Explicit, Vulgar or Violent Material..........................................................63 Technology Misconduct...........................................................................................................................................64 Theft.........................................................................................................................................................................65 Threats or Verbal Abuse..........................................................................................................................................65 Tobacco....................................................................................................................................................................65 Truancy or Tardiness...............................................................................................................................................65 Unauthorized Entry..................................................................................................................................................66

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Vandalism................................................................................................................................................................66 Weapons...................................................................................................................................................................66 Student Alcohol/Drug Abuse....................................................................................................................................67Interrogations, Interviews and Searches.......................................................................................................................67Student Suspension and Expulsion...............................................................................................................................69Discipline of Students with Disabilities........................................................................................................................73Distribution of Non-curricular Student Publications....................................................................................................78Personnel Record..........................................................................................................................................................81

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ACCREDITATION

The Kirksville R-III School District is classified K-5-3-4 and MSIP accredited by the Missouri Department of Elementary and Secondary Education. The Kirksville Senior High School is also a member of the North Central Association of Colleges and Secondary Schools, and has been since 1919. This organization develops and maintains high standards of excellence for universities, colleges and secondary schools.

GOVERNANCE

The Kirksville R-III Board of Education is responsible for the organization and control of the public schools in the R-III District. The Board consists of seven members who are elected at large for three-year staggered terms. School Board meetings are on the second Wednesday of each month. The Board may call special meetings as needed.

SCHOOL BOARD MEMBERS

Jeff Brawner, PresidentGreg Gordon, Vice-President

Nan Davis, SecretaryDr. Neal Chamberlain, Treasurer

Gay Nichting, MemberJudy Duden, Member

Larry Logston, Member

ADMINISTRATIVE PERSONNEL

Superintendent Dr. Damon KizzireAssistant Superintendent Jane Schaper

Early Childhood Learning Center Jennifer MeyerKirksville Primary Tricia RegerRay Miller Elementary Dr. Jennifer BotelloMiddle School Dr. Michael MitchellSenior High Randy MikelTechnical Center Sheryl FergusonSpecial Education Dr. Cindy DowisSchool Improvement Coordinator Julie EsquivelTransportation & Maintenance Shawn CorbettActivities Director Scott Latham

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PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION

General Rule

The Kirksville R-III School District Board of Education is committed to maintaining a workplace and educational environment that is free from discrimination and harassment in admission or access to, or treatment or employment in, its programs, services, activities and facilities. In accordance with law, the district strictly prohibits discrimination and harassment against employees, students or others on the basis of race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law. The Kirksville R-III School District is an equal opportunity employer. The Board also prohibits:

1. Retaliatory actions including, but not limited to, acts of intimidation, threats, coercion or discrimination against those who:

a) Make complaints of prohibited discrimination or harassment.

b) Report prohibited discrimination or harassment.

c) Participate in an investigation, formal proceeding or informal resolution, whether conducted internally or outside the district, concerning prohibited discrimination or harassment.

2. Aiding, abetting, inciting, compelling or coercing discrimination harassment or retaliatory actions.

3. Discrimination, harassment or retaliation against any person because of such person’s association with a person protected from discrimination or harassment in accordance with this policy.

All employees, students and visitors must immediately report to the district for investigation any incident or behavior that could constitute discrimination, harassment or retaliation in accordance with this policy. If a student alleges sexual misconduct on the part of any district employee to any person employed by the district, that person will immediately report the allegation to the Children’s Division (CD) of the Department of Social Services in accordance with state law. In accordance with this policy and as allowed by law, the district will investigate and address discrimination, harassment and retaliation that negatively impact the school environment, including instances that occur off district property or are unrelated to the district’s activities.

However, intentionally filing false sexual harassment charges will be treated as a serious offense and employees making such charges in bad faith shall be subject to disciplinary action including, but not limited to, suspension and dismissal (for employees), and suspension and expulsion (for students).

Additional Prohibited Behavior

Behavior that is not unlawful or does not rise to the level of illegal discrimination, harassment or retaliation might still be unacceptable for the workplace or the educational environment. Demeaning or otherwise harmful actions are prohibited, particularly if directed at personal characteristics including, but not limited to, socioeconomic level, sexual orientation or perceived sexual orientation and gender identity.

Boy Scouts of America Equal Access Act

As required by law, the district will provide equal access to district facilities and related benefits and services and will not discriminate against any group affiliated with the Boy Scouts of America,

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the Girl Scouts of the United States of America or any other youth group designated in applicable federal law.

School Nutrition Programs

No person shall, on the basis of race, color, national origin, sex, age or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under a school nutrition program for which the district receives federal financial assistance from the U.S. Department of Agriculture (USDA) Food and Nutrition Service. School nutrition programs include the National School Lunch Program, the Special Milk Program, the School Breakfast Program and the Summer Food Service Program.

Interim Measures

When a report is made or the district otherwise learns of potential discrimination, harassment or retaliation, the district will take immediate action to protect the alleged victim, including implementing interim measures. For example, the district may alter a class seating arrangement, provide additional supervision for a student or suspend an employee pending an investigation. The district will take immediate steps to prevent retaliation against the alleged victim, any person associated with the alleged victim, or any witnesses or participants in the investigation. These steps may include, but are not limited to, notifying students, employees and others that they are protected from retaliation, ensuring that they know how to report future complaints, and initiating follow-up contact with the complainant to determine if any additional acts of discrimination, harassment or retaliation have occurred.

Consequences and Remedies

If the district determines that discrimination, harassment or retaliation have occurred, the district will take prompt, effective and appropriate action to address the behavior, prevent its recurrence and remedy its effects.

Employees who violate this policy will be disciplined, up to and including employment termination. Students who violate this policy will be disciplined, which may include suspension or expulsion. Patrons, contractors, visitors or others who violate this policy may be prohibited from district property or otherwise restricted while on district property. The superintendent or designee will contact law enforcement or seek a court order to enforce this policy when necessary or when actions may constitute criminal behavior.

Students, employees and others will not be disciplined for speech in circumstances where it is protected by law.

In accordance with law and district policy, any person suspected of abusing or neglecting a child will be reported to the CD.

Remedies provided by the district will attempt to minimize the burden on the victim. Such remedies may include, but are not limited to: providing additional resources such as counseling, providing access to community services, assisting the victim in filing criminal charges when applicable, moving the perpetrator to a different class or school, providing an escort between classes, or allowing the victim to retake or withdraw from a class. The district may provide additional training to students and employees, make periodic assessments to make sure behavior complies with district policy, or perform a climate check to assess the environment in the district.

Definitions

Compliance Officer – The individual responsible for implementing this policy, including the acting compliance officer when he or she is performing duties of the compliance officer.

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Discrimination – Conferring benefits upon, refusing or denying benefits to, or providing differential treatment to a person or class of persons in violation of law based on race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law, or based on a belief that such a characteristic exists.

Grievance – A verbal or written report (also known as a complaint) of discrimination, harassment or retaliation made to the compliance officer.

Harassment – A form of discrimination, as defined above, that occurs when the school or work environment becomes permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive enough that it unreasonably alters the employment or educational environment.

Behaviors that could constitute illegal harassment include, but are not limited to, the following acts if based on race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law or based on a belief that such a characteristic exists: graffiti; display of written material, pictures or electronic images; name calling, teasing or taunting; insults, derogatory remarks or slurs; jokes; gestures; threatening, intimidating or hostile acts; physical acts of aggression, assault or violence; theft; or damage to property.

Sexual Harassment – A form of discrimination, as defined above, on the basis of sex. Sexual harassment is unwelcome conduct that occurs when a) benefits or decisions are implicitly or explicitly conditioned upon submission to, or punishment is applied for refusing to comply with, unwelcome sexual advances, requests for sexual favors or conduct of a sexual nature; or b) the school or work environment becomes permeated with intimidation, ridicule or insult that is based on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the conditions of participation in the district’s programs and activities or the conditions of employment. Sexual harassment may occur between members of the same or opposite sex. The district presumes a student cannot consent to behavior of a sexual nature with an adult regardless of the circumstance.

Behaviors that could constitute a sexual harassment include, but are not limited to:

1. Sexual advances and requests or pressure of any kind for sexual favors, activities or contact.

2. Conditioning grades, promotions, rewards or privileges on submission to sexual favors, activities or contact.

3. Punishing or reprimanding persons who refuse to comply with sexual requests, activities or contact.

4. Graffiti, name calling, slurs, jokes, gestures or communications of a sexual nature or based on sex.

5. Physical contact or touching of a sexual nature, including touching of intimate parts and sexually motivated or inappropriate patting, pinching or rubbing.

6. Comments about an individual’s body, sexual activity or sexual attractiveness.

7. Physical sexual acts of aggression, assault or violence, including criminal offenses (such as rape, sexual assault or battery, and sexually motivated stalking) against a person’s will or when a person is not capable of giving consent due to the person’s age, intellectual disability or use of drugs or alcohol.

8. Gender-based harassment and acts of verbal, nonverbal, written, graphic or physical conduct based on sex or sex stereotyping, but not involving conduct of a sexual nature.

Working Days– Days on which the district’s business offices are open.

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Compliance Officer

The Board designates the following individual to act as the district’s compliance officer:

Assistant Superintendent in Charge of Business AffairsKirksville R-III School District1901 East HamiltonKirksville, MO 63501-3904Phone: 660-665-7774; Fax: 660-665-3281

In the event the compliance officer is unavailable or is the subject of a report that would otherwise be made to the compliance officer, reports should instead be directed to the acting compliance officer.

SuperintendentKirksville R-III School District1901 East HamiltonKirksville, MO 63501-3904Phone: 660-665-7774; Fax: 660-665-3281

The compliance officer or acting compliance officer will:

1. Coordinate district compliance with this policy and the law.

2. Receive all grievances regarding discrimination, harassment and retaliation in the Kirksville I R-III School District.

3. Serve as the district’s designated Title IX, Section 504 and Americans with Disabilities Act (ADA) coordinator, as well as the contact person for compliance with other discrimination laws.

4. Investigate or assign persons to investigate grievances; monitor the status of grievances to ensure that additional discrimination, harassment and retaliation do not occur; and recommend consequences.

5. Review all evidence brought in disciplinary matters to determine whether additional remedies are available, such as separating students in the school environment.

6. Determine whether district employees with knowledge of discrimination, harassment or retaliation failed to carry out their reporting duties and recommend disciplinary action, if necessary.

7. Communicate regularly with the district’s law enforcement unit to determine whether any reported crimes constitute potential discrimination, harassment or retaliation.

8. Oversee discrimination, harassment or retaliation grievances, including identifying and addressing any patterns or systemic problems and reporting such problems and patterns to the superintendent or the Board.

9. Seek legal advice when necessary to enforce this policy.

10. Report to the superintendent and the Board aggregate information regarding the number and frequency of grievances and compliance with this policy.

11. Make recommendations regarding changing this policy or the implementation of this policy.

12. Coordinate and institute training programs for district staff and supervisors as necessary to meet the goals of this policy, including instruction in recognizing behavior that constitutes discrimination, harassment and retaliation.

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13. Perform other duties as assigned by the superintendent.

Public Notice

The superintendent or designee will continuously publicize the district’s policy prohibiting discrimination, harassment and retaliation and disseminate information on how to report discrimination, harassment and retaliation. Notification of the district’s policy will be posted in a public area of each building used for instruction or employment or open to the public. Information will also be distributed annually to employees, parents/guardians and students as well as to newly enrolled students and newly hired employees. District bulletins, catalogs, application forms, recruitment material and the district’s website will include a statement that the Kirksville R-III School District does not discriminate in its programs, services, activities, facilities or with regard to employment. The district will provide information in alternative formats when necessary to accommodate persons with disabilities.

Reporting

Students, employees and others may attempt to resolve minor issues by addressing concerns directly to the person alleged to have violated this policy, but they are not expected or required to do so. Any attempts to voluntarily resolve a grievance will not delay the investigation once a report has been made to the district.

Unless the concern is otherwise voluntarily resolved, all persons must report incidents that might constitute discrimination, harassment or retaliation directly to the compliance officer or acting compliance officer. All district employees will instruct all persons seeking to make a grievance to communicate directly with the compliance officer. Even if the suspected victim of discrimination, harassment or retaliation does not file a grievance, district employees are required to report to the compliance officer any observations, rumors or other information regarding actions prohibited by this policy. If a verbal grievance is made, the person will be asked to submit a written complaint to the compliance officer or acting compliance officer. If a person refuses or is unable to submit a written complaint, the compliance officer will summarize the verbal complaint in writing. A grievance is not needed for the district to take action upon finding a violation of law, district policy or district expectations.

Even if a grievance is not directly filed, if the compliance officer otherwise learns about possible discrimination, harassment or retaliation, including violence, the district will conduct a prompt, impartial, adequate, reliable and thorough investigation to determine whether unlawful conduct occurred and will implement the appropriate interim measures if necessary.

Student-on-Student Harassment

Building-level administrators are in a unique position to identify and address discrimination, harassment and retaliation between students, particularly when behaviors are reported through the normal disciplinary process and not through a grievance. Administrators have the ability to immediately discipline a student for prohibited behavior in accordance with the district’s discipline policy. Administrators will report all incidents of discrimination, harassment and retaliation to the compliance officer and will direct the parent/guardian and student to the compliance officer for further assistance. The compliance officer may determine that the incident has been appropriately addressed or recommend additional action. When a grievance is filed, the investigation and complaint process detailed below will be used.

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Investigation

The district will immediately investigate all grievances. All persons are required to cooperate fully in the investigation. The district compliance officer or other designated investigator may utilize an attorney or other professional to conduct the investigation.

In determining whether alleged conduct constitutes discrimination, harassment or retaliation, the district will consider the surrounding circumstances, the nature of the behavior, the relationships between the parties involved, past incidents, the context in which the alleged incidents occurred and all other relevant information. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. If, after investigation, school officials determine that it is more likely than not (the preponderance of the evidence standard) that discrimination, harassment or other prohibited behavior has occurred, the district will take immediate corrective action.

Grievance Process Overview

1. If a person designated to hear a grievance or appeal is the subject of the grievance, the compliance officer may designate an alternative person to hear the grievance, or the next highest step in the grievance process will be used. For example, if the grievance involves the superintendent, the compliance officer may designate someone outside the district to hear the grievance in lieu of the superintendent, or the grievance may be heard directly by the Board.

2. An extension of the investigation and reporting deadlines may be warranted if extenuating circumstances exist as determined by the district’s compliance officer. The person filing the complaint will be notified when deadlines are extended. If more than twice the allotted time has expired without a response, the appeal may be taken to the next level.

3. Failure of the person filing the grievance to appeal within the timelines given will be considered acceptance of the findings and remedial action taken.

4. To the extent permitted by law, the district will investigate all grievances, even if an outside enforcing agency such as the Office for Civil Rights, law enforcement or the CD is also investigating a complaint arising from the same circumstances.

5. The district will only share information regarding an individually identifiable student oremployee with the person filing the grievance or other persons if allowed by law and in accordance with Board policy.

6. Upon receiving a grievance, district administrators or supervisors, after consultation with the compliance officer, will implement interim measures as described in this policy if necessary to prevent further potential discrimination, harassment or retaliation during the pending investigation.

Grievance Process

1. Level I – A grievance is filed with the district’s compliance officer. The compliance officer may, at his or her discretion, assign a school principal or other appropriate supervisor to conduct the investigation when appropriate.

Regardless of who investigates the grievance, an investigation will commence immediately, but no later than five working days after the compliance officer receives the grievance. The compliance officer or designee shall conduct a prompt, impartial, adequate, reliable and thorough investigation, including the opportunity for the person filing the grievance and other parties involved to identify witnesses and provide information and other evidence. The

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compliance officer or designee will evaluate all relevant information and documentation relating to the grievance.

Within 30 working days of receiving the grievance, the compliance officer will complete a written report that summarizes the facts and makes conclusions on whether the facts constitute a violation of this policy based on the appropriate legal standards. If a violation of this policy is found, the compliance officer will recommend corrective action to the superintendent to address the discrimination, harassment or retaliation; prevent recurrence; and remedy its effects. If someone other than the compliance officer conducts the investigation, the compliance officer or acting compliance officer will review and sign the report. The person who filed the grievance, the victim if someone other than the victim filed the grievance, and any alleged perpetrator will be notified in writing, within five working days of the com0pletion of the report, in accordance with law and district policy, regarding whether the district’s compliance officer or designee determined that district policy was violated.

2. Level II – Within five working days after receiving the Level I decision, the person filing the grievance, the victim if someone other than the victim filed the grievance, or any alleged perpetrator may appeal the compliance officer’s decision to the superintendent by notifying the superintendent in writing. The superintendent may, at his or her discretion, designate another person (other than the compliance officer) to review the matter when appropriate.

Within ten working days, the superintendent will complete a written decision on the appeal, stating whether a violation of this policy is found and, if so, stating what corrective actions will be implemented. If someone other than the superintendent conducts the appeal, the superintendent will review and sign the report before it is given to the person appealing. A copy of the appeal and decision will be given to the compliance officer or acting compliance officer. The person who initially filed the grievance, the victim if someone other than the victim filed the grievance, and any alleged perpetrator will be notified in writing, within five working days of the superintendent’s decision, regarding whether the superintendent or designee determined that district policy was violated.

3. Level III – Within five working days after receiving the Level II decision, the person filing the grievance, the victim if someone other than the victim filed the grievance, or any alleged perpetrator may appeal the superintendent’s decision to the Board by notifying the Board secretary in writing. The person filing the grievance and the alleged perpetrator will be allowed to address the Board, and the Board may call for the presence of such other persons deemed necessary. The Board will issue a decision within 30 working days for implementation by the administration. The Board secretary will give the compliance officer or acting compliance officer a copy of the appeal and decision. The person who filed the grievance, the victim if someone other than the victim filed the grievance, and the alleged perpetrator will be notified in writing, within five working days of the Board’s decision, in accordance with law and district policy, regarding whether the policy was violated. The decision of the Board is final.

Confidentiality and Records

To the extent permitted by law and in accordance with Board policy, the district will keep confidential the identity of the person filing a grievance and any grievance or other document that is generated or received pertaining to grievances. Information may be disclosed if necessary to further the investigation, appeal or resolution of a grievance, or if necessary to carry out disciplinary measures. The district will disclose information to the district’s attorney, law enforcement, the CD and others when necessary to enforce this policy or when required by law. In

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implementing this policy, the district will comply with state and federal laws regarding the confidentiality of student and employee records. Information regarding any resulting employee or student disciplinary action will be maintained and released in the same manner as any other disciplinary record. The district will keep any documentation created in investigating the complaint including, but not limited to, documentation considered when making any conclusions, in accordance with the Missouri Secretary of State’s retention manuals and as advised by the district’s attorney.

Training

The district will provide training to employees on identifying and reporting acts that may constitute discrimination, harassment or retaliation which includes the following:

1. Definition of discrimination, harassment, including sexual harassment, and retaliation.

2. Explanation of the district policy and grievance procedures. The district will instruct employees to make all complaints to the district’s compliance officer or acting compliance officer and will provide current contact information for these persons. All employees will have access to the district’s current policy, required notices and complaint forms.

3. Legal prohibitions and consequences of discrimination, harassment and retaliation and the remedies the district may use to rectify policy violations.

4. Pertinent examples of discrimination, harassment.

5. Overview of sexual harassment identification and retaliation.

New employees will receive initial training soon after they begin their responsibilities with the district.

Each subsequent year, district employees will be provided with additional training opportunities which will restate the district’s commitment to providing a harassment-free working and learning environment and provide the staff with opportunities to broaden their knowledge of the issues relating to discrimination and harassment. The district will provide additional training to any person responsible for investigating potential discrimination, harassment or retaliation.

The district will provide information to parents/guardians and students regarding this policy and will provide age-appropriate instruction to students which will include the following:

1. A copy of the district’s policy.

2. An explanation of the policy and its purpose.

3. A definition of discrimination and harassment, including sexual harassment.

4. Instruction in what to do if one is a victim of discrimination or harassment.

5. A clear definition of the sanctions against anyone found to have been a perpetrator of Discrimination or harassment.

6. Information on the consequences to individuals who are found to have made a frivolous accusation.

7. A safe and supportive forum for discussion by the students of the issue of discrimination and harassment and of their related concerns.

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SCHOOL STARTING TIMES

Early Childhood Learning Center……………………..8:00 - 3:00Primary..........................................................................8:10 - 3:00

Ray Miller Elementary..................................................8:10 - 3:00Middle School...............................................................7:37 - 2:45Senior High....................................................................7:52 - 2:48Technical Center............................................................7:52 - 2:48

STUDENT ABSENCES AND EXCUSES

The Board recognizes the importance of regular student attendance to a successful learning experience. Research supports the fact that attendance is crucial to improving student achievement. At least one (1) study identified attendance as the single greatest indicator of student achievement. The Board further recognizes that:

1. Frequent absences of students from regular classroom learning experiences disrupt the continuity of the instructional process.

2. The benefits of classroom instruction, once lost, cannot be entirely regained.

3. The entire process of education requires a regular continuity of instruction, classroom participation, learning experiences and study in order to meet the district’s student achievement goals.

4. Holding students and their parents/guardians responsible for attendance is part of the district’s larger mission to train students to be productive citizens and employees.

5. State law reflects the importance of regular attendance by establishing compulsory school attendance and charging this Board to enforce that law.

6. State law authorizes the school board to make all needful rules for organization and government in the district.

Therefore, regular and punctual patterns of attendance will be expected of each student enrolled in the Kirksville R-III School District.

Development of Rules and Procedures

The superintendent, with the assistance of building-level administrators and other administrative and professional staff, shall establish rules and procedures for student attendance within the district. The primary purpose of the district’s attendance rules and procedures shall be to change behavior, not to punish students. Such rules and procedures shall be published on the district’s website and in appropriate handbooks and shall be subject to review by the Board of Education. The administration will develop rules and procedures that minimally include:

1. Clear and reasonable attendance standards with consistently enforced consequences for violating those standards.

2. Early intervention strategies for students in primary and elementary grades.

3. Targeted intervention strategies.

4. Strategies to increase engagement with students and families.

5. Requirements for collection of pertinent data.

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In response to the data collected, the superintendent or designee will consider strategies that may include one (1) or more of the following:

1. Academic support programs for students and families.

2. Use of alternative educational methods, such as distance learning and homebound instruction.

3. Use of available, appropriate community resources.

4. Staff-Student advisory or mentoring programs designed to increase student engagement with the school.

5. Procedures for student and family contact when students are absent.

Students are expected to make up work missed due to any type of absence. Students absent due to unexcused absences may not receive full credit for all make-up work. Procedures and rules must include a due process component that includes notice before consequences are imposed and that allows students and their parents/guardians to appeal any imposed consequences to the superintendent. The Board will not hear appeals of consequences for excessive absences.

The district will maintain a comprehensive system of attendance records for each student. Each teacher is responsible for the accurate reporting of daily attendance in the classroom. The building principal is responsible for supplying information to parents/guardians about student absences and for submitting attendance information to the superintendent’s office.

The district will contact the Children’s Division (CD) of the Department of Social Services or the local prosecutor in cases where the district has a reasonable suspicion that a student’s lack of attendance constitutes educational neglect on the part of the parents/guardians or that parents/ guardians are in violation of the compulsory attendance law. No such action will be taken unless other strategies and interventions have been implemented and proven ineffective.

If a student in foster care is absent from school due to a decision by a court or child-placing agency to change the student’s placement or due to a verified court appearance or related court-ordered activity, the grades and credit of the student will be calculated as of the date the student left school, and no lowering of the student’s grades shall occur as a result of the absence under these circumstances.

BREAKFAST AND LUNCH PROGRAM

Kirksville R-III Schools participate in the National School Breakfast and Lunch program. Type A lunches served in all school cafeterias include a main dish, fruit and/or vegetables, bread and milk. Senior High and Middle School students also have the option to purchase from a la carte selections.

ENTRANCE AGE AND ATTENDANCE

All children between the ages of seven (7) and seventeen (17) must attend school, according to Missouri law. A child shall be five (5) years of age before August 1st to enroll in Kindergarten. All students attending R-III schools for the first time must provide a record of immunization against communicable diseases, birth certificate, social security number and proof of residency within the Kirksville R-III District. Students enrolling in kindergarten or first grade must provide proof of a comprehensive vision examination by January 1 of the first year in the district, in accordance with law.

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REPORTING OF ACADEMIC PROGRESS

Report cards are issued at the end of each quarter. Parents/guardians are notified between reports when students are not progressing satisfactorily. Academic progress may be monitored on line at certain grade levels. Parents should contact their child’s school to determine what on-line information is available.

ILLNESS AT SCHOOL

If a child becomes ill while at school, the teacher or Principal may isolate the child from other children until such time as the parents/guardians can be notified and/or the child can be returned to his/her home or cared for appropriately.

WEATHER CLOSURES

Whenever unusual weather creates hazardous road conditions, announcements will be made on Textcaster and local radio stations, usually at 6:00 a.m. KTVO will also carry the notice. Please do not call the news media.

VISITORS TO DISTRICT PROPERTY/EVENTS

District Property

The Board of Education encourages taxpayers of the school district to visit the schools, attend events, identify needs and evaluate the quality of education in the district; however, all visitors (any individual not having a scheduled class or meeting in a building) during business hours, including Board members, must sign or check in at the building office prior to proceeding elsewhere in the building. If the visit is approved, the visitor will be given permission or will be escorted to the class they wish to visit. The district discourages parents/guardians and others from using district property or events as places for visiting students and may refuse the use of district property for that purpose.

The Board and administration will not tolerate any person whose presence disturbs classes or district activities. An administrator may refuse to issue a visitor’s pass at any time they believe it is in the best interest of the school to do so. Visitors to district property may not possess weapons, including concealed weapons, on district property, on district transportation or at any district function or activity sponsored or sanctioned by the district unless the visitor is an authorized law enforcement official or is otherwise authorized by Board policy.

Appropriate Behavior

The Kirksville R-III School District believes that district events are a vital part of the total educational program and should be used as a means for developing positive social interaction, good sportsmanship and appropriate behavior, in addition to knowledge and skills. Well-organized and well-conducted programs contribute to the morale of the student body and strengthen school-community relations.

To this end, the Board encourages district patrons to exhibit good sportsmanship, citizenship, ethics and integrity at all district events and at all times while on district grounds. The district will work with the Missouri State High School Activities Association (MSHSAA) and other organizations to promote good behavior by the patrons at athletic and other events. The Board will work with parents, alumni associations and local service organizations to keep appropriate behavior a top priority. The Superintendent will establish procedures for crowd control at district events consistent with this policy.

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Registered Sex Offenders and Persons Prohibited on or Near District Property

Sex offenders required to be listed on the Missouri Highway Patrol’s sex offender registry, or who have pled guilty, pled nolo contendere or been convicted of crimes for which the law currently requires offenders to be listed, regardless of when those crimes were committed, are not allowed on district property or transportation or at district activities, regardless of whether those activities are held on or off district property, unless access is required by law.

In accordance with law, the district also prohibits all persons who have pled guilty or nolo contendere to or have been convicted of or found guilty of violating the following provisions from being on or within 500 feet of any school building, district property, district activity or any vehicle used to transport students:

1. Any of the provisions in Chapter 566 of the Missouri Revised Statutes.

2. Incest, § 568.020, RSMo.

3. Endangering the welfare of a child in the first degree, § 568.045, RSMo.

4. Use of a child in a sexual performance, § 568.080, RSMo

5. Promoting a sexual performance by a child, §573.090, RSMo.

6. Sexual exploitation of a minor, § 573.023, RSMo.

7. Promoting child pornography in the first degree, §573.025, RSMo.

8. Furnishing pornographic material to minors, § 573.040, RSMo.

9. Any offense committed in another state, a foreign country, or under tribal, federal or military jurisdiction that, if committed in this state, would be a violation listed above.

Despite the prohibition in this section, the superintendent may grant permission for a parent, guardian or custodian of a student to be on district property for the limited purpose of attending meetings with district staff or in other situations where the student may benefit. Permission will be granted sparingly, if ever, and only in situations where the parent, guardian or custodian will be supervised at all times or will not be alone with a child. If the superintendent does not grant permission, the parent, guardian or custodian may seek permission from the Board. The superintendent will inform the principal and other relevant district staff of the scope of the permission granted.

This section may not apply to a student entitled by law to be on district property for educational services if the student’s presence is necessary to obtain those services and the student is not otherwise prohibited by law from being on district property. The exceptions cited in this section do not apply if the person is otherwise prohibited or banned from district property by other sections of this policy.

Disruptive Conduct

If a visitor’s conduct becomes disruptive, threatening or violent, the superintendent, building principal or designee of either may require the visitor to leave. The superintendent or designee may inform a visitor that he or she is not welcome back on district property or at district events indefinitely or for a specific period of time. During any period of prohibition, the visitor will not be allowed on district property. The superintendent may make exceptions for parents, guardians or custodians of students enrolled in the district if the person’s presence is necessary to transport the student or may benefit the student educationally, or in situations where the parent, guardian or custodian will be supervised at all times. The superintendent may make an exception for visitors to attend a meeting of the Board or its committees but is not obligated to do so. This paragraph does

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not apply if the person is otherwise prohibited or banned from the district property by other sections of this policy.

Enforcement

If a visitor prohibited from district property or events under this policy is on district property, the district staff will contact law enforcement and/or escort the person from district grounds and inform the person of the district policy prohibiting his or her presence.

The superintendent, principal or designee of either may file a report or sign a complaint with law enforcement on behalf of the district. The Board grants the superintendent or designee the authority to consult an attorney for guidance or to seek a court order banning the visitor from district property. A visitor denied access to school property may communicate with the Board in writing but will not be allowed back onto district property unless allowed by the Board.

TECHNICAL CENTER

The following programs are offered at the Kirksville Area Technical Center: Administrative Office Assistant, Computer Applications, Digital Design and Graphics, Automotive Collision Repair, Automotive Technology, Construction Trades, Early Childhood/Teaching Careers, Health Careers, Emergency Medical Technician, Agriculture, Project Lead the Way Engineering, Project Lead the Way Biomedical Science, and Academic Credit Recovery. The Practical Nursing and Paramedic programs are available to high school graduates. In addition to the instructional programs listed, the Center offers vocational assessments and regional coordination of support services for non-traditional students. Federally approved Financial Aid programs are available to adult students and Placement Services are provided to all individuals completing programs. Adult Education and Literacy (High School Equivalency) classes are available free of charge to students 16 years of age or older and not enrolled in school. English as a Second Language classes are also available. Classes are individualized to meet each student’s needs.

COMMUNITY EDUCATION The Kirksville R-III Community Education program is committed to meeting the varied educational needs of adults in the Kirksville community and surrounding area. Scheduled short-term evening offerings address job-related and job-seeking skills, personal development and improvement, and pursuit of leisure-time activities and hobbies. Customized training provides assistance for new and existing businesses and industries in the Kirksville area in employee training. Classes can be offered when there are six or more students and when a competent instructor can be obtained. Kirksville Area Technical Center is an authorized testing center offering LaserGrade, PearsonVUE, CASTLE Worldwide, IQT, and pan testing. Call the Community Education office for further information.

PROGRAMS FOR STUDENTS WITH DISABILITIES

It is the policy of the Board of Education to provide a free and appropriate education for students with disabilities, including those who are in need of special education and related services.

General

Any individual who knows or believes that a student has a disability and is in need of accommodation should contact the school’s Principal or district administration immediately.

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All complaints regarding discrimination will be resolved in accordance with policy AC. Anyone who has a complaint or suspects discrimination should contact the compliance officer identified in policy AC.

The district will notify all parents and students of its obligations under this policy and the law.

Unless the parents of the child have initially consented in writing to the district's offer to provide special education and related services, the district cannot, and will have no obligation to, provide special education services pursuant to the Individuals with Disabilities Education Act (IDEA), and the child will not receive the protections of the IDEA.

Students Eligible for Special Education Services Under the IDEA

The district's programs and services available to meet the needs of students with disabilities will be in accordance with applicable federal and state laws governing special education services, including the State and Local Plans for the implementation of Part B of the IDEA. However, if the State of Missouri does not receive or accept federal IDEA Part B funds, nothing in this policy shall be read to require anything, procedurally or substantively, that is not required by the governing law.

Students Placed in Private Schools by Their Parents

In general, the Kirksville R-III School District has no obligation to provide a free, appropriate public education (FAPE) or special education and related services to any student enrolled in a private school by his or her parents. The district will expend a proportionate amount of its IDEA Part B funds on group of privately placed students as a whole, as required by law

Parents of a student previously enrolled in the district who choose to unilaterally place the student in a private school without district consent due to a dispute regarding FAPE will not be reimbursed for tuition costs except as required by law.

Evaluation and Identification

The special education director will develop and implement procedures governing the evaluation of students to determine their eligibility for special education services in accordance with the law and state and local plans. Further, the Board authorizes the special education director to use a discrepancy model, including the use of professional judgment or a response to intervention (RTI) model, for identifying students with specific learning disabilities (SLD).

Independent Evaluations

An Independent Educational Evaluation (IEE) will be provided as required by the IDEA. Applicable procedures, evaluator criteria and cost guidelines governing the IEE process are available through the district's special services office. The Board delegates the authority to make changes to these procedures, evaluator criteria and cost guidelines to the Superintendent or designee. These items will adhere to rules published in the State and Local Plans for Compliance with Part B of the IDEA.

Extended School Year

Extended school year (ESY) services may be necessary to provide a child with a disability a free and appropriate public education pursuant to law. The individualized education program (IEP) team will consider ESY services for all special education students eligible under the IDEA, but ESY services will only be provided if the student is found eligible in accordance with this policy.

A student will be eligible for ESY services if, based on the available data, the student needs services beyond the regular school day/term to avoid regression that will interfere with the student’s ability to continue to progress in the curriculum. This determination will be based on consideration of the following:

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1. The nature and severity of the student’s disability.

2. The areas of learning crucial to the child’s attainment of self-sufficiency and independence.

3. The student’s progress.

4. The student’s behavioral and physical needs.

5. Opportunities the student will have to practice skills outside of the classroom setting without ESY services.

6. Availability of alternative resources.

7. Areas of curriculum that need continuous attention.

8. Ability of the student’s parents to provide educational structure.

9. Particular curricular or vocational needs of the student.

The length, nature and type of ESY services will be determined by the IEP team and addressed in each student’s IEP. If at the time the IEP is developed it is unreasonable to predict eligibility for ESY services, the IEP team will meet after sufficient time has passed for the team to make an informed decision about ESY services.

Mediation

The Board of Education authorizes the special education director to legally bind the school district to a mediation agreement developed in accordance with the IDEA and Missouri law and further authorizes the special education director to contact an attorney for legal advice prior to making any decisions. In the absence of the special education director, the Superintendent is authorized to perform his or her duties under this section.

Resolution

The Board of Education designates the special education director to represent the school district in resolution meetings and gives the special education director decision-making authority on behalf of the district. The special education director has the authority to sign and legally bind the district to a settlement agreement reached at the resolution meeting. In the absence of the special education director, the Superintendent is authorized to perform his or her duties under this section. All other settlement agreements must be approved by the Board.

Children Three (3) to Five (5) Years of Age

When identifying children three (3) to five (5) years of age who qualify for special education but are not yet eligible for kindergarten, the district will use any of the disability categories, including that of Young Child with a Developmental Delay (YCDD). When a child so identified reaches kindergarten age, his or her eligibility will continue to be determined using any of the disability categories, including that of YCDD. A child who is not identified as eligible for special education services prior to reaching kindergarten age will be identified using disability categories excluding that of YCDD.

Accommodation of Students With Disabilities Including Those Not Eligible for Special Education Services Under the IDEA

The district seeks to identify, evaluate and provide free and appropriate educational services in the least restrictive environment to all qualified students with disabilities within the definitions of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). No qualified student with a disability shall, on the basis of disability, be excluded from participation in,

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be denied the benefits of, or otherwise be subjected to discrimination under any district program, including nonacademic services and extracurricular activities.

Students with disabilities may be eligible for accommodation under this policy even though they are not eligible for services pursuant to the IDEA. The district will initiate a referral if a student requiring accommodation is also believed to be a student with a disability under the IDEA. Implementation of an IEP in accordance with the IDEA satisfies the district's obligation to provide a free and appropriate education under Section 504.

Public Notice

All responsible public agencies are required to locate, evaluate, and identify children with disabilities who are under the jurisdiction of the agency, regardless of the severity of the disability, including children attending private schools, children who live outside the district but are attending a private school within the district, highly mobile children, such as migrant and homeless children, children who are wards of the state, and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The Kirksville R-III School District assures that it will provide a free, appropriate public education (FAPE) to all eligible children with disabilities between the ages of 3 and 21 under its jurisdiction. Disabilities include autism, deaf/blindness, emotional disorders, hearing impairment and deafness, mental retardation-intellectual disability, multiple disabilities, orthopedic impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young child with a developmental delay.

The Kirksville R-III School District assures that it will provide information and referral services necessary to assist the State in the implementation of early intervention services for infants and toddlers eligible for the Missouri First Steps program.

The Kirksville R-III School District assures that personally identifiable information collected, used, or maintained by the agency for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parents/guardians. Parents/guardians may request amendment to the educational record if the parent/guardian believes the record is inaccurate, misleading, or violates the privacy or other rights of their child. Parents have the right to file complaints with the U.S. Department of Education or the Missouri Department of Elementary and Secondary Education concerning alleged failures by the district to meet the requirements of the Family Educational Rights and Privacy Act (FERPA).

The Kirksville R-III School District has developed a Local Compliance Plan for the implementation of State Regulations for the Individuals with Disabilities Education Act (IDEA). This plan contains the agency’s policies and procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the agency’s assurances that services are provided in compliance with the General Education Provision Act (GEPA). This plan may be reviewed anytime from 8:00 a.m. to 4:00 p.m. at the Special Education Office.

Local school districts in the State of Missouri are required to conduct an annual census of all children with disabilities or suspected disabilities from birth to age twenty-one (21) that reside in the district. This census must be compiled by December 1 of each year. This information is treated as confidential and must include: name of the child; parent/legal guardian’s name/address; birth date and age of the child; the child’s disability; and the services provided to the child. If you have a child with a disability or know of a child with a disability who is not attending the public school, please contact Cindy L. Dowis at (660) 626-1400.

This notice will be provided in native languages as appropriate.

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Surrogate Parent

When the district becomes aware that a student’s parents are unknown, unavailable or the student is a ward of the state, the State Board of Education is required to appoint a surrogate parent to participate in matters dealing with the provision of special education. The following procedures will be undertaken to ensure that this procedure is carried out.

A. This district will investigate reports received from any person alleging that the student is without a parent or that the person acting as the parent is an employee of the state and as a representative of the state is serving as the student’s parent. The district will ascertain who is legally responsible for the care and custody of the student.

B. The district will complete a “Determination of Need for Surrogate Parent Appointment” form for the student and submit the completed form to the Department of Elementary and Secondary Education, Section of Special Services. A copy of this form will be retained in the student’s file.

C. The person responsible for the administration of the district’s special education program is designated as the surrogate parent contact and will be responsible for overseeing the surrogate parent program for the district.

D. Information will be disseminated by the district in school newsletter, through public announcement (i.e. annual newspaper notice), or through patron notification regarding the surrogate parent program and the need for volunteers. Resulting names/addresses will be forwarded to the Department of Elementary and Secondary Education, Section of Special Services. Documentation will be dated, and copies of the announcement and/or the list of volunteers forwarded to the Department of Elementary and Secondary Education by the district’s surrogate parent contact person.

E. The district surrogate parent contact person will work with the Department of Elementary and Secondary Education to coordinate and plan surrogate parent training. A training site will be provided as well as additional personnel as needed.

F. Any changes or problems in a particular surrogate parent appointment process will be submitted in writing to the Department of Elementary and Secondary Education, Section of Special Services.

G. The district surrogate parent contact person will maintain annual evaluation information regarding any surrogate parents appointed to the district’s students. Documentation may include written comments or documentation of contacts with appointed surrogate parents and will include, at a minimum, completion of the “LEA Surrogate Parent Evaluation” by each participating surrogate parent.

PARENTS AS TEACHERS PROGRAM

The Parents as Teachers program is voluntary and free. It provides practical, effective help for all families including single parents, first-time parents, expectant parents and those with children birth to age three. For information call 626-1459.

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Missouri Department of Elementary & Secondary EducationNo Child Left Behind Act of 2001 (NCLB) COMPLAINT

PROCEDURESThis guide explains how to file a complaint about any of the programs1 that are administered by the Missouri Department of Elementary and Secondary Education (the Department) under the No Child Left Behind Act of 2001 (NCLB)2.

Missouri Department of Elementary and Secondary EducationComplaint Procedures for NCLB Programs

Table of ContentsGeneral Information1. What is a complaint under NCLB?2. Who may file a complaint?3. How can a complaint be filed?

Complaints filed with LEA4. How will a complaint filed with the LEA be investigated?5. What happens if a complaint is not resolved at the local level (LEA)?

Complaints filed with the Department6. How can a complaint be filed with the Department?7. How will a complaint filed with the Department be investigated?8. How are complaints related to equitable services to private school children handled differently?

Appeals9. How will appeals to the Department be investigated?10. What happens if the complaint is not resolved at the state level (the Department)?

1. What is a complaint under NCLB?

For these purposes, a complaint is an allegation that a local education agency (LEA) or the Missouri Department of Elementary and Secondary Education (the Department) has violated a federal statute or regulation that applies to a program under NCLB.

2. Who may file a complaint?

Any individual or organization may file a complaint.

3. How can a complaint be filed?

Complaints can be filed with the LEA or with the Department.

4. How will a complaint filed with the LEA be investigated?

Complaints filed with the LEA are to be investigated and attempted to be resolved according to locally developed and adopted procedures.

5. What happens if a complaint is not resolved at the local level (LEA)?

A complaint not resolved at the local level may be appealed to the Department.

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6. How can a complaint be filed with the Department?

A complaint filed with the Department must be a written, signed statement that includes: 1. A statement that a requirement that applies to an NCLB program has been violated by the LEA or the Department , and 2. The facts on which the statement is based and the specific requirement allegedly violated.

7. How will a complaint filed with the Department be investigated?

The investigation and complaint resolution proceedings will be completed within a time limit of fifty calendar days. That time limit can be extended by the agreement of all parties.

The following activities will occur in the investigation:

1. Record. A written record of the investigation will be kept.2. Notification of LEA. The LEA will be notified of the complaint within five days of the complaint being filed.3. Resolution at LEA. The LEA will then initiate its local complaint procedures in an effort to first resolve the complaint at the local level.4. Report by LEA. Within forty-five days of the complaint being filed, the LEA will submit a written summary of the LEA investigation and complaint resolution. This report is considered public record and may be made available to parents, teachers, and other members of the general public.5. Verification. Within ten days of receiving the written summary of a complaint resolution, the Department will verify the resolution of the complaint through an on-site visit, letter, and/or telephone call(s).6. Appeal. The complainant or the LEA may appeal the decision of the Department to the U.S. Department of Education.

8. How are complaints related to equitable services to private school children handled differently?

If the complaint is an LEA is not providing equitable services for private school children, in addition to the procedures listed in number 7 above, the complaint will also be filed with the U.S. Department of Education, and they will receive all information related to the investigation and resolution of the complaint. Also, appeals to the United States Department of Education must be filed no longer than thirty days following the Departments’ resolution of the complaint (or its failure to resolve the complaint).

9. How will appeals to the Department be investigated?

The Department will initiate an investigation within ten days, which will be concluded within thirty days from the day of the appeal. An independent on-site investigation may be conducted if the Department determines that it is necessary. The investigation may be continued beyond the thirty day limit at the discretion of the Department. At the conclusion of the investigation, the Department will communicate the decision and reasons for the decision to the complainant and the LEA. Recommendations and details of the decision are to be implemented within fifteen days of the decision being delivered to the LEA.

10. What happens if a complaint is not resolved at the state level (the Department)?

The complainant or the LEA may appeal the decision of the Department to the United States Department of Education.________________________________________________________________________________________________

1Pograms include Title I. A, B, C, D, Title II, Title III.A.2, Title IV.A, Title VI, Title VII.C Revised 7/15 2In compliance with NCLB Title IX Part C. Sec. 9304(a)(3)(C)

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Local education agencies are required to disseminate, free of charge, this information regarding NCLB complaint procedures to parents of students and appropriate private school officials or representatives.

PARENTS RIGHT-TO-KNOW NOTIFICATION

Our district is required to inform you of certain information that you, according to The No Child Left Behind Act of 2001 (Public Law 107-110), have the right to know. Upon your request, our district is required to provide to you in a timely manner, the following information:

• Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

• Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.

• Whether your child is provided services by paraprofessionals and, if so, their qualifications.

• What baccalaureate degree major the teacher has and any other graduate certification or degree held by the teacher, and the field of discipline of the certification.

In addition to the information that parents may request, districts must provide to each individual parent:

• Information on the achievement level of the parent’s child in each of the state academic assessments as required under this part; and

• Timely notice that the parent’s child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.

PROGRAMS FOR ENGLISH LANGUAGE LEARNERS

The Board of Education recognizes the need to provide equal educational opportunities for all students in the district. Therefore, if the inability to speak and understand the English language excludes a student from effective participation in the educational programs offered by the district, the district shall take appropriate action to rectify the English language deficiency in order to provide the student equal access to its programs. Identifying students who are English language learners (ELL) and ensuring them equal access to appropriate programs are the first steps to improving their academic achievement levels.

Definitions

Language Minority (LM) - Refers to a student whose linguistic background, such as country of birth or home environment, includes languages other than English. Language minority is based solely on the student’s language background and not on proficiency.

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Limited English Proficiency (LEP) - Proficiency in reading, writing, listening or speaking English that is below grade- and age-level peers. Limited English proficiency is based on the assessment of a student’s English language proficiency.

English Language Learner - Refers to an LM Student with limited English proficiency.

English for Speakers of Other Languages (ESOL) - An instructional approach that can include structured ESOL immersion, content-based ESOL and pull-out ESOL instruction.

1. Structured ESOL immersion involves a bilingual teacher and a self-contained classroom.

2. Content-based ESOL allows the student to remain in the regular classroom and focuses on delivering content in an adapted English format.

3. Pull-out ESOL periodically removes students from the regular classroom for instruction in English.

Bilingual Education - An instructional approach that explicitly includes the student’s native language in instruction. This approach requires an instructor fluent in the student’s native language and proficient in content areas and is often used where many ELL students share the same language and where qualified bilingual teachers are available.

Child - Any individual age 3-21.

Parent - Parent, legal guardian or person otherwise responsible for the child.

Language Instruction Education Program - An instructional course in which an ELL child is placed for the purpose of developing and attaining English proficiency while meeting challenging state academic achievement standards as required by law. The program may make instructional use of both English and a child's native language and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.

The district’s coordinator for the ELL program is the Director of Curriculum.

The Board directs the coordinator to develop and implement language instruction programs that:

1. Identify language minority students through the use of a Student Home Language survey (see IGBH-AF1). The building administrator will develop procedures to ensure that all new and currently enrolled students complete the Home Language survey.

2. Identify LM students who are also English language learners. Any student who indicates the use of a language other than English will be assessed for English proficiency using the state-provided assessment instrument.

3. Determine the appropriate instructional environment for ELL students.

4. Annually assess the English proficiency of ELL students and monitor the progress of students receiving ESOL or bilingual instruction in order to determine their readiness for the mainstream classroom environment.

5. Provide parents with notice of and information regarding the instructional program as required by law. Parental involvement will be encouraged and parents will be regularly apprised of their child's progress.

PROGRAMS FOR HOMELESS STUDENTS

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The Kirksville R-III School District Board of Education recognizes that homelessness alone should not be sufficient reason to separate students from the mainstream school environment. Therefore, the district, in accordance with state and federal law and the Missouri state plan for education of the homeless, will give special attention to ensure that homeless students in the school district have access to a free and appropriate public education.

Homeless students are individuals who lack a fixed, regular and adequate nighttime residence and include the following:

1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement.

2. Children and youths who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings.

3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings.

4. Migratory children who meet one (1) of the above-described circumstances.

Enrollment/Placement

The district will consider the best interest of the homeless student, with parental involvement, in determining whether he or she should be enrolled in the school of origin or the school that nonhomeless students who live in the attendance area in which the homeless student is actually living are eligible to attend. To the extent feasible, and in accordance with the homeless student’s best interest, the homeless student should continue his or her education in the school of origin, except when contrary to the wishes of the parent or guardian. If the homeless student is unaccompanied by a parent or guardian, the homeless coordinator will consider the views of the homeless student in deciding where he or she will be educated. The choice regarding placement shall be made regardless of whether the homeless student lives with the homeless parents or has been temporarily placed elsewhere.

The school selected shall immediately enroll the homeless student, even if he or she is unable to produce records normally required for enrollment, such as previous academic records, immunization records, proof of residency or other documentation. However, the district may require a parent or guardian of a homeless student to submit contact information.

The district must provide a written explanation, including a statement regarding the right to appeal, to the homeless student’s parent or guardian, or to the homeless student if unaccompanied, if the district sends him or her to a school other than the school of origin or other than a school requested by the parent or guardian.

If a dispute arises over school selection or enrollment in a school, the homeless student shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. The homeless student, parent or guardian shall be referred to the district homeless coordinator, who will carry out the dispute resolution process as expeditiously as possible.

For the purposes of this policy, "school of origin" is defined as the school that the student attended when permanently housed or the school in which the student was last enrolled.

Services

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Each homeless student shall be provided services comparable to services offered to other students in the district including, but not limited to, transportation services; educational services for which the student meets the eligibility criteria, such as educational programs for disadvantaged students, students with disabilities and gifted students; vocational programs and technical education; school meals programs; preschool programs; before- and after-school care programs; and programs for students with limited English proficiency. Homeless students will not be segregated in a separate school or in a separate program within a school based on the students' status as homeless.

Transportation

If the homeless student’s school of origin and temporary housing are located in the Kirksville R-III School District, the district will provide transportation to and from the school of origin at the request of the parent, guardian or homeless coordinator, provided it is in the best interest of the student. If the homeless student’s school of origin and temporary housing are located in two (2) different school districts, the districts will equally share the responsibility and costs for transporting the student.

Records

Any records ordinarily kept by the school for each homeless student, including immunization records, academic records, birth certificates, guardianship records and evaluations for special services or programs shall be maintained so that appropriate services may be given the student, so that necessary referrals can be made and so that records may be transferred in a timely fashion when a homeless student enters a new school district. Copies of records shall be made available upon request to students or parents in accordance with the Family Educational Rights and Privacy Act (FERPA).

Coordinator

The Board designates the following individual to act as the district's homeless coordinator:

Assistant SuperintendentKirksville R-III School District1901 E. HamiltonKirksville, MO 63501-3904Phone: 660-665-7774; FAX 660-665-3281

The district shall inform school personnel, service providers and advocates working with homeless families of the duties of the district homeless coordinator. The homeless coordinator will ensure that:

1. Homeless students are identified by school personnel and by other entities and agencies with which the school coordinates activities.

2. Homeless students enroll and have a full and equal opportunity to succeed in schools in the district.

3. Homeless families and students receive educational services for which they are eligible, including Head Start, Even Start and preschool programs administered by the district, as well as referrals to health care services, dental services, mental health services and other appropriate services based on their assessed needs.

4. The parents or guardians of homeless students are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children.

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5. Public notice of the educational rights of homeless students is disseminated where such students receive services, such as schools, family shelters and soup kitchens.

6. Enrollment disputes are mediated in accordance with law.

7. The parent or guardian of a homeless student and any unaccompanied student is fully informed of all transportation services, including transportation to the school of origin and is assisted in accessing transportation to the school selected.

8. Unaccompanied students will be assisted in placement or enrollment decisions, their views will be considered and they will be provided notice of the right to appeal.

9. Students who need to obtain immunizations, or immunization or medical records, will receive assistance.

Resolving Grievances

Level I -- A complaint regarding the placement or education of a homeless student shall first be presented orally and informally to the district's homeless coordinator. If the complaint is not promptly resolved, the complainant may present a formal written complaint (grievance) to the homeless coordinator. The written charge must include the following information: date of filing, description of alleged grievances, the name of the person or persons involved and a recapitulation of the action taken during the informal charge stage. Within five (5) business days after receiving the complaint, the coordinator shall state a decision in writing to the complainant, with supporting evidence and reasons. In addition, the coordinator will inform the Superintendent of the formal complaint and the disposition.

Level II -- Within five (5) business days after receiving the decision at Level I, the complainant may appeal the decision to the Superintendent by filing a written appeals package. This package shall consist of the complainant's grievance and the decision rendered at Level I. The Superintendent will arrange for a personal conference with the complainant at his or her earliest mutual convenience. Within five (5) business days after receiving the complaint, the Superintendent shall state a decision in writing to the complainant, with supporting evidence and reasons.

Level III -- If a resolution is not reached in Level II, a similar written appeals package shall be directed through the Superintendent to the Board of Education requesting a hearing before the Board at the next regularly scheduled or specially called meeting. Within 30 business days after receiving the appeals package, the Board shall state its decision and reply in writing to the parties involved. For district purposes, the decision of the Board of Education is final.

Level IV -- If the complainant is dissatisfied with the action taken by the Board of Education, a written notice stating the reasons for dissatisfaction may be filed with the State Homeless Coordinator, Federal Discretionary Grants, P. O. Box 480, Jefferson City, MO, 65102-0480. An appeal of this decision can be made within ten (10) days to the Deputy Commissioner of Education.

STUDENT TRANSPORTATION

The Board of Education of the Kirksville R-III School District shall provide transportation to all children in grades Kindergarten through twelve living more than one mile from school and within the bounds of the Kirksville R-III District. Transportation may be provided to special education students within one mile if specified in their IEP.

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The one mile is measured from the door of the student’s residence to the door of their schoolhouse (door of bus unloading area) along the most direct traveled route. The establishment of the one-mile limits shall be measured by the Director of Transportation and approved by the Board of Education.

The Director of Transportation shall be responsible for the routing of buses to serve the greatest number of children and shall apply the rules and regulations of the Board of Education.

City Bus Routes

Attempts will be made to route buses within 1 1/2 blocks of the eligible elementary students and within two blocks of the secondary students insofar as practical. Buses will not go down dead-end streets, cul-de-sacs, or similar areas less than 1/2 mile from the main bus route. Buses will not travel streets posted as closed. A block is measured as 1/10 of a mile or 528 feet.

Rural Routes

Buses will be routed to come as close to students’ homes as is practical. Buses will only be routed on state and county maintained roads. Buses will not go down dead-end roads that are less than 1/2 mile long. Buses will not travel roads posted as closed. Buses will not cross bridges that are posted with weight limits that are in excess of the bus’ load limit. Preference will be given to routing buses so they may service the largest number of students most directly.

Bus Stops

1. Buses will stop no more often than every block. Bus stops will be located at points to minimize traffic hazards.

2. Stops will be made at the end of dead-end streets to accommodate those who must walk out, if it does not violate Policy #1 above. To prevent stopping or turning around in dangerous traffic patterns, buses may have to proceed into cul-de-sacs to the first adequate turn-around point.

3. Stops will be made at the same place to both pick up and drop off, if at all possible. In order to accommodate double routing of city buses, some students in grades 6 thru 12 will be dropped off at different bus stops than where they were picked up. Passengers in grades K-5, after making arrangements with the district Transportation Office, may be picked up at one stop and dropped off at another stop as long as both stops are on the same bus route and the change is on a permanent basis. Permanent means all five days of each week. The residence for pick up and drop off must both be more than one mile from the school.

Changes in a bus stop shall be authorized by the Director of Transportation for the following reasons:

1. Location of students. 2. Discipline problems at stop. 3. Complaints of residents due to property destruction. 4. Number of students at stop. 5. Grade and age of students involved.

Bus Conduct Rules

All persons riding in school district vehicles shall adhere to the following rules. The driver, sponsor or chaperones are to follow the school bus discipline procedure for student violations of this procedure, and students who violate these rules may be denied access to school transportation for a specified period of time in relation to the severity of the violation. Video cameras may be in operation on the school buses.

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- Children will be at the assigned stops at the designated time. Buses cannot wait for children who are not at the stop when the bus arrives.

- Classroom conduct is to be observed by pupils while riding in the bus.

- The driver is in charge of the pupils and the bus, including authorization to assign seats.

- Items carried on the school bus shall not protrude into or block the aisle or be left in the driver’s area or exit area.

- Any damage to a bus by a student must be paid for by the student responsible.

- Pupils must not move about within the bus while it is in motion.

- Riding buses is restricted to resident students, enrolled in R-III, designated school employees, and assigned adult sponsors.

- Be courteous, use no profane language; keep head, hands and feet inside the bus.

- Do not eat, drink or use tobacco products on the bus.

NOTE: Failure to follow the regulations may result in suspension from the school bus. No student should be suspended en route, but should be delivered to his/her destination unless his/her continued presence on the bus creates a hazard for others.

A student who misbehaves will have an incident report documented by the bus driver. Continued misbehavior will result in building Administrator receiving incident form for consequence assignment.

1. All reports of misconduct will be reported to the parents/guardians by mail, unless parent iscontacted by phone or in person.

2. Any offense committed by a student on a district-owned or contracted bus shall be punished in the same manner as if the offense had been committed at the student’s assigned school. In addition, bus-riding privileges may be suspended or revoked.

A MORE SEVERE PENALTY MAY BE IMPOSED ON A STUDENT IF HIS/HER CONDUCT SO WARRANTS.

If a student is suspended from one bus, he/she is not eligible to ride another during suspension of bus privileges. It shall be the parents’/guardians’ responsibility to provide the student transportation to and from school. Suspension of riding privileges does not provide for an excused absence.

DISTRICT-SPONSORED EXTRACURRICULAR ACTIVITIESAND ORGANIZATIONS

(Citizenship Code for Student Activities Program)

Principles

The Board of Education, administration and the coaching staff of the Kirksville R-III School District have high expectations for those students who represent the district in extracurricular activities. Participants in district high school and middle school extracurricular activities are expected to conduct themselves in a manner that reflects integrity on themselves, their team, school and community. Participation in the Kirksville R-III School District’s extracurricular activity program is a privilege and not a right. Parents, guardians and students should understand that this code does not contain a complete list of what might be considered inappropriate behavior as a participant in district extracurricular activities. Students who represent the district in

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extracurricular activities must be credible citizens as determined by the building principals who certify lists of students for participation. Any students whose character or conduct reflects discredit upon themselves or their school are not considered credible citizens. Participants in the district’s extracurricular programs are expected to demonstrate excellent conduct in the classroom, community and field of competition; anything less is unacceptable.

Procedures

It is the school’s responsibility to guide students in their decision-making related to conduct and academic performance. Students who violate expected standards may be subject to suspension or removal from participating in extracurricular activities and may be prevented from receiving awards or participating in public recognition regarding extracurricular activity participation. When a violation of the expectations occurs, the following stages are defined and specific responsibilities identified:

1. Awareness/Investigation Stage: When a violation is suspected and the student=s citizenship has been called into question, the district will investigate and discuss the situation with the parent/guardian. The investigation may include, but is not limited to, conferences with students, teachers, parents/guardians, law enforcement officials and the student suspected of violating the code.

2. Notification Stage: After a decision has been made regarding a violation of district standards, a meeting will be held to inform the student of the decision. Parents/Guardians will be notified in cases involving restrictions from participation. If a student has been charged with a misdemeanor or felony, the student will not be allowed to represent the school in extracurricular activities pending the legal outcome of the case.

3. Appeals: Students desiring further review may initiate the grievance procedure presented in policy JFH if applicable.

Guidelines for Enforcement

All extracurricular activities sponsored by the Kirksville R-III School District shall be subject to the guidelines of this code. It is recognized, however, that the wide variety of activities offered will require flexible application by sponsors while insuring the intent of the stated principles and procedures. Sponsors are expected to develop standards that are appropriate for their activity and the nature of the students involved. The standards that are established by each sponsor shall follow exactly the Principles and Procedures sections of this code. Items in this Guidelines section of the code shall be addressed as appropriate by each individual sponsor. Sponsors will determine the following guidelines:

1. Attendance and Participation: In order to justify offering an activity, regular student participation and attendance is expected at meetings, practices, contests, etc. All sponsors shall establish appropriate expectations for student participation and attendance in their specific activity.

2. Timeframe for Code Enforcement: This code of conduct is in effect for the entire career of the participant and applies throughout the calendar year, regardless of whether the participant is in season or out of season. Restrictions from activities will usually be carried

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over from one (1) season/activity to the next season/activity the student participates in. Restrictions may also carry over to the next school year.

3. Award Standards: Each individual activity may provide appropriate recognition to students who participate. Recognition is generally in the form of letters, certificates, medals, etc. To qualify for recognition, students are expected to be fully participating members in the activity during the entire time the activity is conducted and to finish all activities in good standing. Students who violate this code after certain awards have been earned may be restricted from public recognition (i.e. awards assemblies, all-conference/ all-district/ all-state honors).

4. Transportation To and From Events: Students are expected to utilize school transportation to and from events. Parents/Guardians desiring an exception to be made from this requirement must provide a signed and dated permission note. Because of liability restrictions, parents/guardians may transport their children only. In the event parents/guardians do transport their child, a signed and dated note must be provided to the sponsor.

5. Academic Standards: In addition to being credible school citizens, students are expected to make appropriate academic progress toward graduation in order to participate. A minimal academic standard shall apply to all extracurricular activities: however, sponsors may establish additional standards that are appropriate for their specific activity. Certain activities defined as co curricular by the administration shall not be subject to these minimal standards. The minimal standard for all activities shall be in accordance with MSHSAA by-laws.

6. Specific Behavioral Infractions and Penalties: The following chart illustrates the types of disciplinary action that may be taken for specific infractions. The behavior infractions listed are not a complete list of what might be considered inappropriate behavior in the district. In each case a minimum and maximum action is listed, as well as action for the first occurrence and repeated occurrences. No student should expect to automatically receive either the minimum or maximum disciplinary action. This will be determined on an individual basis in each school based on variables such as, but not limited to, age of the student, past record of behavior, attitude, severity of infraction, and the severity of the problems as it exists in the school. Administrators and sponsors must exercise professional judgment in these decisions. The following definitions shall apply:

a. Suspension from contests/activities: Students are allowed to continue as a participating member, but are restricted from participating in contests and activities for said period of time.

b. Suspension from membership: Students are restricted from being a participating member, which includes practices, meetings and all contests and activities. This restriction shall include all extracurricular activities unless otherwise indicated.

Behavior Infractions Chart

1. Possession or Use of Alcohol/Illegal Drugs

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First Offense: Minimum -- Suspension from contests/activities for ten (10) days to include at least two (2) contests/activities. Appropriate counseling

Maximum -- Suspension from membership for up to three (3) months. Appropriate counseling.

Repeated Offense: Minimum -- Suspension from membership for six (6) months. Appropriate counseling.

Maximum -- Permanent suspension from membership.

2. Use of Tobacco

First Offense: Minimum -- Warning and sponsor action.

Maximum -- Suspension from one (1) contest/activity.

Repeated Offense: Minimum -- Suspension from membership for three (3) months.

Maximum -- Suspension from membership for up to 12 months.

3. Vandalism/Destruction of Property

First Offense: Minimum -- Restitution as appropriate and sponsor action.

Maximum -- Restitution as appropriate and suspension from contests/activities and/or membership depending on severity.

Repeated Offense: Minimum -- Suspension from membership for six (6) months.


4. Disrespect/Insubordination/Misconduct

First Offense: Minimum -- Warning and sponsor action.

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Maximum -- Suspension from contests/activities and/or membership depending on severity.

Repeated Offense: Minimum -- Suspension from membership for three (3) months.


5. Unsportsmanlike Conduct/Removal from Contest

First Offense: Minimum -- Suspension from one (1) contest/activity and sponsor action.

Maximum -- Suspension from two (2) contests/activities and sponsor action.

Repeated Offense: Minimum -- Suspension from two (2) contests/activities.

Maximum -- Permanent suspension from membership in specific program and/or all activities.

6. Theft/Receipt of Stolen Property

First Offense: Minimum -- Suspension from contests/activities for ten (10) days to include at least two (2) contests/activities. Restitution as appropriate.

Maximum -- Suspension from membership for six (6) months. Restitution as appropriate.

Repeated Offense: Minimum -- Suspension from membership for six (6) months. Maximum -- Permanent suspension from membership.

7. Unexcused Absences/Truancy

First Offense: Minimum -- Sponsor action.

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Maximum -- Suspension from one (1) contest/activity and sponsor action.

Repeated Offense: Minimum -- Suspension from one (1) contest/activity and sponsor action.

Maximum -- Suspension from membership for up to three (3) months.

STUDENT DRUG TESTINGKirksville R-III Schools

Grades 7-12

Purpose

The Kirksville School Board recognizes the importance of protecting the health and safety of students from abuse of drugs. The purpose of this policy is to help prevent substance abuse among students, to encourage treatment for students with substance abuse problems and to ensure students have the opportunity to attend school and participate in activities in a fair, safe and healthy environment.

The superintendent or designee is directed to adopt procedures to carry out the intent of this policy and may contact the district’s attorney for assistance in applying this policy. The district will use a laboratory certified by the U.S. Department of Health and Human Services.

Random Drug Testing

Participation in extracurricular activities is a privilege and carries with it the responsibility to adhere to high standards of conduct, including refraining from the abuse of drugs. To assist students in making healthy and safe choices, the district will conduct random drug testing of students in grades 7-12 as a condition of participation in covered activities. Covered activities are activities regulated by the Missouri State High School Activities Association (MSHSAA) which include football, boys and girls soccer, boys and girls cross country, softball, volleyball, boys and girls golf, boys and girls tennis, boys and girls basketball, wrestling, boys and girls track, baseball, cheerleading, dance, band, choir, speech/debate, and academic bowl.

A student’s grade will not be affected should he or she be suspended from an activity in which a grade is awarded for participation. The student may be expected to complete alternative assignments during the suspension in order to maintain his or her grade.

Upon signing initial consent to participate in random drug testing the student will remain in the testing pool for the remainder of their enrollment in the Kirksville R-III School District.

Students who wish to withdraw from the random drug pool must have their parent/guardian meet with the Activities Director and sign a release stating the desire to withdraw. If the student is 18 years of age and living on his or her own, the student must meet with the Activities Director and sign a release stating the desire to withdraw. Students who drop out of the random drug pool will be ineligible to participate in covered activities for 365 days from the date they withdraw from the random drug pool.

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District employees shall not have the authority to waive the testing of any student selected using the random selection process.

Drug Testing Procedures and Guidelines

Notice and Consent

Drug testing information will be made available on the school district web-site or by calling the Activities Director’s office. Students and parent(s)/guardian(s) are encouraged to sign up for the drug testing program even if they are uncertain the student will participate in an extra-curricular activity.

To be eligible to participate in extracurricular activities covered by the drug testing policy students and parents/guardians must have submitted a signed consent form to the school athletic office. Sign up periods will be scheduled prior to the start of fall, winter, and spring sports seasons. If a student is 18 years of age and has established a residence on his/her own, a parent/guardian signature is not required.

Confidentiality and Random Selection Process

Each student who has signed a consent form will be assigned to the random pool for the duration of participation in the drug-testing program.

Random drug testing may occur at any time during the school day. The schedule and number of tests administered shall be at the discretion of the School Board and administration.

For random drug testing, each student will be assigned a number that will be maintained in the Activities Director’s office. This number will be the student’s identification number for testing and will not change. Only the Activities Director and district staff designated by the superintendent to assist in administering the drug testing program will have access to student numbers.

The drug screening company will randomly select and present numbers to the Activities Director who will match the selected numbers to the master list of participants. Participants will be called for testing in the order listed until all have been identified as available for testing. Testing will only occur during the school day and regardless if that student’s activity is in season or not.

Testing Process

The testing method to be administered will be urinalysis. Testing will be conducted by a certified drug screening company contracted by the school district.

Tested Drugs

Drugs tested for may include, but are not limited to, the following:Opiates: morphine, codeine. Amphetamines: Adderal, Dexedrine, Benezedrine.Benzodiazepines: diazepam (Valium), chlordiazepoxide (Librium), oxazepam (Serax),alprazolam (Xanax and others). Barbiturates: pentobarbital, butabital, amobarbital, secobarbital and Phenobarbital Methadone: Dolophine. Oxycodone: Percodan, Percocet, Oxycontin, oxymorphone (Numorphan), hydrocodone (Vicodin) and codeine. Cocaine, MethamphetamineMarijuana, Phencyclidine (PCP), MDMA (methylenedioxymethamphetamine): Ecstasy. Propoxyphene (Darvon): a synthetic opiate.

Parent-Requested Participation

Parents /Guardians who wish for their student to participate in the drug-testing program may voluntarily enroll the student in the district’s program even if the student is not involved in extra-curricular activities. The student will be placed in the drug pool and noted as a voluntary

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participant. If selected and the test is positive, the parent will be notified of the positive test, but the student will not be penalized through this policy or the district’s Student Discipline Policy.

Privacy and Sample Collection

The testing method to be administered will be urinalysis conducted by a certified drug screening company contracted by the School District. Appropriate steps will be taken to respect the privacy of students while, simultaneously, preventing falsification of testing. Upon receiving a notice from the administration that the student has been selected for a random drug test, the student will go to an assigned area and wait until it is his or her turn to produce a specimen. A district administrator or school nurse will be available during the testing procedure. Prior to being tested the student will be given an identification number by a school official. When called by the test administrator (employee from drug testing company), the student will proceed to the testing site. The student will present the identification number to the test administrator, who will record that number on the tests recording form. The test administrator will then ask the student to remove hats and outer garments (if any) and place the contents of the student’s pockets on the testing table. The student will be allowed to return any non-containers to his or her person. The student will then be asked to select a collection cup and instructed to open the cup and dump the contents on the table. The test administrator will accompany the student to the restroom, where the student will be instructed to place the collection cup on a ledge or counter and then wash his or her hands. The test administrator will have placed blue dye into the toilet in the restroom and have taped off all but one sink, prior to the student testing or as the student is washing. When the student finishes drying his or her hands, the test administrator will instruct the student to step into a pre-selected stall and void into the collection cup. The student will also be asked not to flush any toilet or use any faucet. The test administrator will then step out of the restroom until the student completes the void, comes out of the stall, and places the collection cup on a pre-arranged flat surface.

Once the student has completed the void and opened the bathroom door, the collection technician will check the specimen for sufficient amount, appropriate temperature, no foreign color and no foreign odor. If the specimen does not show signs of tampering, the student will be allowed to wash his or her hands while the collection technician initiates a preliminary drug screen of the specimen. The collection technician will conduct all procedures in accordance with accepted industry practices.

If a student does not provide a urine specimen in 3 hours, the student will have up to 5 days to have a “shy bladder examination” to determine if there is a valid medical reason for not voiding in the 3 hour time frame. If the student does not have the exam (done at the family’s expense), or if there is not a valid medical reason, the test would be deemed positive.

Verification of Sample

If the initial screening test indicates a non-negative result, or if the collection technician is conducting an internal self-audit of a testing device, the specimen collected will be poured into the specimen vials that came in the collection cup. The collection technician will initiate a Custody and Control Form, that, when completed, will be sent (along with the specimen) to a U.S. Department of Health and Human Services-certified laboratory for a second screening test. If the second screening test is also non-negative, the laboratory will conduct a more in depth test by means of a gas chromatography/ mass spectrometry (GC/MS) analysis. In some cases, the second screening test may be eliminated and the specimen sent directly for GC/MS.

If the GC/MS test is non-negative, the results will be forwarded to the designated school official (DSO). The DSO will contact the student’s parent/guardian and ask for a meeting. At the meeting, the DSO will inform the parent/guardian of the non-negative result and ask for permission to forward the results to a Medical Review Office (MRO). If permission is granted, the DSO will

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obtain the parent/guardian’s name and contact phone number and the student’s identification number and forward that information to the contracted screening company, who will then forward the information to the MRO. If permission is not granted, or the parent/guardian will not meet with the DSO, the lab results will be accepted as the final results.

Disclosure of Other Medications/Final Determination

When the MRO receives the above information, he will contact the parent/guardian, verify the student’s identification then discuss medications the student is taking. If any of the medications being taken by the student could explain the non-negative result, the MRO will verify with the pharmacy filling the prescription or the prescribing physician (in some cases, both) that there is a legitimate prescription in the student’s name. Once all pertinent information has been obtained, the MRO will make a final determination of the test results. Those results will be forwarded to the contracted screening company who will then forward them to the DSO.

Consequences

Offenses shall be cumulative from grades 7-12.

If student who has initially consented to participate in random drug testing is selected and refuses to test, he or she will immediately be excluded from participating in extra-curricular activities for 365 calendar days.

During the “off season” or during a time the student is not participating in an activity covered by this policy they will remain in the testing pool and be subject to random testing. Should a student test positive during the “off season” or during a time the student is not participating in an activity covered by the policy, the exclusion from participation will not carry over into the next season. However, the offense will count towards the cumulative total and the student will be required to pass a drug screening before becoming eligible to participate in activities covered by this policy.

A positive test through this random testing program will not result in suspension from school or academic sanctions. The district will not report results to law enforcement.

Students who test positive through this random testing program will be excluded from participation in covered extracurricular activities as follows:

First Offense: Exclusion from all covered activities for a minimum of 30 calendar days and must pass a drug test approved by the district prior to being reinstated to participate in covered activities.

A student under exclusion may attend practice sessions and sit with fellow participants during contests; however, the student is not permitted to directly participate in any activity, or to dress in uniform.

Second Offense: Exclusion from all covered activities for a minimum of 90 calendar days and must pass a drug test approved by the district prior to being reinstated to participate in covered activities. As with the first offense, a student under exclusion may attend practice sessions and sit with fellow participants during contests; however, the student is not permitted to directly participate in any activity, or to dress in uniform.

Third Offense: Excluded from all covered activities for the rest of the student’s enrollment in the district.

Suspicion-Based Drug Testing Suspicion-based drug testing, unlike random drug testing, may only be used when there is reasonable suspicion that the student is under the influence of or has recently consumed alcohol or

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any drug prohibited by district policy. Students testing positive will be disciplined in accordance with the district’s discipline policy and may also be excluded from extracurricular activities as determined by the district. A student who refuses to submit to testing may still be disciplined under the district’s discipline code for being under the influence of alcohol or drugs.

STUDENT HEALTH SERVICES AND REQUIREMENTS(Screening and Referral Programs)

The health screening programs of the Kirksville R-III School District are designed to examine the populations at highest risk at a time when early intervention has the most benefit. The following guidelines govern the district's health screening program:

1. The district will examine past screenings and assess them for effectiveness in order to ensure future screening programs effectively meet the needs of the district. The district plan for assessing the district's screening needs is made in accordance with the Missouri Department of Health and Senior Services (DHSS) guidelines.

2. Based on the district's assessment plan above, the district's screening plan is:

Vision - The district will conduct a vision screening for all students prior to the end of first grade and again before the end of the third grade. Students will be excused from any screening upon receipt of a written request from the student's parent/guardian. Results of each vision screening will be recorded on a form provided by the Department of Health and Senior Services (DHSS).

Other screenings -

o Kindergarten: vision, height and weight.

o 1st Grade: vision, height, weight, ear, nose, throat, lungs, heart, blood pressure and fluoride dental program.

o 2nd Grade: vision, height, weight, ear, nose, throat, lungs, heart, blood pressure and fluoride dental program.

o 3rd Grade: vision, height, weight, ear, nose, throat, lungs, heart and blood pressure.

o 4th Grade: vision, height, weight, ear, nose, throat, lungs, heart and blood pressure.

o 5th Grade: vision, height, weight, ear, nose, throat, lungs, heart, blood pressure, scoliosis and fluoride dental program.



3. The nurse will produce a calendar reflecting the approximate dates for screenings, re-screenings and screening follow-up that is coordinated with the overall school calendar.

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4. The nursing staff will assist the superintendent or designee in identifying individual personnel to be utilized in the screening process.

5. The district will use the following procedures to notify parents/guardians of pertinent information pertaining to screening:

Student Handbooks - All student handbooks will include a description of the types of screenings the district will conduct, the timing for those screenings, and the process for excusing the student from a screening.

Other Notice - Scheduled health screenings will be posted on the district website calendar. Notice will be included advising parents of the opportunity to exclude their child from scheduled screenings.

6. Follow-ups to screenings will include:

Vision - When a student fails an eye screening, the school district will send a standard notice to the parent/guardian, as required by law. The notice must be completed by the parent/guardian and returned to the district, where one (1) copy will be kept in the student's file and one (1) copy will be sent to DHSS. District staff will also notify the director of special education to determine whether the district needs to seek additional evaluation of the student.

Other Follow-Ups - District health officials will notify parents/guardians of negative screening results. Recommendations will be made for further evaluations and/or referrals and assistance that may be available. Referrals and follow-ups will be documented in the student's record.

Parents/Guardians who need to consult with district staff regarding the results of any screening should contact the school nurse.

7. Members of the nursing staff are responsible for monitoring the results of all screenings and notifying the special education department or other appropriate staff members if a student may need classroom adaptations, special education services or accommodations.

COMMUNICABLE DISEASES

The Kirksville R-III School District School Board recognizes its responsibility to protect the health of students and employees from the risks posed by communicable diseases. The Board also has a responsibility to protect individual privacy, educate all students regardless of medical condition and treat students and employees in a nondiscriminatory manner.

Immunization

In accordance with law, students cannot attend school without providing satisfactory evidence of immunization, unless they are exempted from immunization.

Universal Precautions

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The district requires all staff to routinely employ universal precautions to prevent exposure to disease-causing organisms. The district will provide the necessary equipment and supplies to implement universal precautions.

Categories of Potential Risk

Students or employees with communicable diseases that pose a risk of transmission in school or at school activities (such as, but not limited to, chicken pox, influenza and conjunctivitis) will be managed as required by law and in accordance with guidelines provided by the Department of Health and Senior Services (DHSS) and local county or city health departments. Such manage-ment may include, but is not limited to, exclusion from school or reassignment as needed for the health and safety of students and staff.

Students or employees infected with chronic communicable diseases that do not pose a risk of transmission in school or at school activities (such as, but not limited to, hepatitis B virus or HIV) shall be allowed to attend school or continue to work without any restrictions based solely on the infection. The district will not require any medical evaluations or tests for such diseases.

Exceptional Situations

There are certain specific types of conditions, such as frequent bleeding episodes or uncoverable, oozing, skin lesions that could potentially be associated with transmission of both blood-borne, and non-blood-borne pathogens. In the case of students, certain types of behaviors, such as biting or scratching, may also be associated with transmission of pathogens.

Students who exhibit such behaviors or conditions may be educated in an alternative educational setting or, if appropriate, disciplined in accordance with the discipline code. In the case of a student with a disability, the Individualized Education Program (IEP) team or 504 team will make any change of placement decisions.

Employees who exhibit such conditions will not be allowed to work until the condition is resolved or appropriately controlled in a way that minimizes exposure.

Confidentiality

The Superintendent or designee shall ensure that confidential student and employee information is protected in accordance with law. Medical information about an individual, including an individual with HIV, will only be shared with district employees who have a reasonable need to know the identity of the individual in order to provide proper health care or educational services. Examples of people who may need to know a student’s medical information are the school nurse and the IEP or 504 team if applicable. An example of an individual who may need to know an employee’s medical information is the employee’s immediate supervisor, if accommodations are necessary.

All medical records will be maintained in accordance with law and Board policy. Breach of confidentiality may result in disciplinary action, including termination.

Reporting and Disease Outbreak Control

Reporting and disease outbreak control measures will be implemented in accordance with state and local law, DHSS rules governing the control of communicable diseases and other diseases dangerous to public health, and any applicable rules distributed by the appropriate county or city health department.

Notification

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Missouri state law provides that superintendents who supply a copy of this policy, adopted by the district Board of Education, to DHSS shall be entitled to confidential notice of the identity of any district student reported to DHSS as HIV-infected and known to be enrolled in the district. Missouri law also requires the parent or guardian to provide such notice to the Superintendent.

DUE PROCESS

All students will be afforded due process as guaranteed by constitutional provisions. The process will be in accordance with state law, as well as with the provisions outlined in the Board’s policies and regulations on student suspension and student expulsion.

To assure these rights, the student charged with a violation of the discipline code will have sufficient opportunity to respond to specific charges and to have their version of the incident considered prior to a decision being made to enforce the discipline code.

STUDENT RECORDS

Definitions

For the purposes of this procedure, the following terms are defined:

Student - Any person who attends or has attended a school in the district and for whom the district maintains education records.

Eligible Student - A student or former student who has reached age 18 or is attending a post-secondary school.

Parent – A biological or adoptive parent of a student, a guardian of a student, or an individual acting as a parent or guardian in the absence of the student’s parent or guardian.

Education Record- A record that is directly related to a personally identifiable student and that is maintained by the school district or an agent of the school district. An education record may include information that is handwritten, in print or recorded using digital, electronic or other means and includes biometric records such as fingerprints. Education records do not include:

1. Records kept in the sole possession of the maker of the record, used only as a personal memory aid, and not accessible or revealed to any other person except a temporary substitute for the maker of the record.

2. Records created and maintained by the school district law enforcement unit for law enforcement purposes.

3. An employment record that relates exclusively to an individual in his or her capacity as an employee of the school district and that is not available for use for any other purpose.

4. Records that contain information about a student after he or she is no longer in attendance at the district and that are not directly related to the person’s attendance as a student, such as alumni records.

5. Grades on peer-graded papers before they are collected and recorded by a teacher.

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Directory Information – Information contained in an education record of a student that generally would not be considered harmful or an invasion of privacy if disclosed. The school district defines directory information in policy JO.

Health Records – Any record relating to a student’s health or disability including, but not limited to, doctor’s orders, doctor’s notes, medical evaluations, medical diagnoses, information regarding medications, Section 504 plans, individualized education programs (IEP) and individualized health plans (IHP). A health record is a type of education record.

School Official – A person who has a legitimate educational interest and who meets one (1) of the following criteria:

1. A person employed by the district as an administrator, supervisor, instructor or support staff member, including health or medical staff.

2. A School Board member of the Kirksville R-III School District.

3. A person paid by the district to perform a special task that requires access to student records, such as an attorney, auditor, medical consultant or therapist.

4. A person who is employed by the school district’s law enforcement unit.

5. A person serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

6. A contractor, consultant, volunteer or other party performing services on behalf of the district if 1) the service would have otherwise been performed by district employees, 2) the person or party is under the direct control of the district regarding the use and maintenance of education records, and 3) the person or party agrees to follow confidentiality laws regarding the redisclosure of information.

Legitimate Educational Interest – A school official has a legitimate educational interest if the official is:

1. Performing a task that is specified in his or her position description or by a contract.

2. Performing a task related to a student’s education in accordance with the school official’s position.

3. Performing a task related to the discipline of a student in accordance with the school official’s position.

4. Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.

5. Maintaining the safety and security of the campus.

6. Under the direct supervision of a staff member and, with authorization from the district, assisting a staff member in performing his or her job.

Education Records

A. General

1. Educational records shall be retained according to the guidelines set forth in the retention schedules developed by the Office of the Missouri Secretary of State. The district will not destroy an education record if there is an outstanding request by a parent or eligible student to inspect and review the record.

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2. Teacher and staff comments on education records will be professional and for the limited purpose of serving the student.

3. Parents and/or students may refuse to disclose a student’s Social Security number to the district unless required by law.

4. Pursuant to state law, the permanent record of a student reading below the fifth-grade reading level at the end of his or her sixth-grade year shall carry a notation advising that such student has not met minimal reading standards. The notation shall stay on the student’s record until such time as the district determines that the student has met minimal reading standards.

5. It is the responsibility of the Principal and the professional staff of the school to see that such records are kept secure and confidential and are utilized in accordance with the law.

B. Review of Education Records by Parents or Eligible Students

1. Education records shall be open for inspection by parents and eligible student. Both parents have access to their child’s school records until and unless a court orders otherwise. Therefore, a copy of any applicable court order that restricts any parent’s access to the student’s education records must be filed with the school Principal in order to certify to the district that a parent’s access rights are limited or denied pursuant to the court’s directions. If a school employee has good reason to believe, based on personal knowledge or information from a reliable source, that a parent’s access rights have been limited by a court order that is not on file with the district, the employee may delay access for a reasonable amount o time, but no longer than three business days, to afford the student’s parent or the eligible student an opportunity to provide the school with the current applicable order.

2. The parents or the eligible student should submit to the school Principal a written request that identifies as precisely as possible the record or records they wish to inspect. The Principal (or appropriate school official) will make the needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. Access must be given as soon as possible, but within three (3) business days. However, the period for document production may exceed three (3) days for reasonable cause.

3. If a parent or eligible student request an education record that contains information on more than one identifiable student, the district will not disclose the record unless the district is able to effectively redact information pertaining to the other student(s), all parents or eligible students consent to the disclosure in writing, or the law otherwise allows for the disclosure.

4. If a parent or eligible student believes the education records related to the student contain information that is inaccurate, misleading or in violation of the student’s privacy, he or she may ask the district to amend the record by following the appeals procedures outlined in this procedure.

C. Transfer of Education Records

1. The district will respond to a request for records from another school district enrolling a student within five (5) business days of receiving the request. However, if the student’s record has been marked pursuant to notification by the Missouri State Highway Patrol that the student has been classified as a missing child, the record shall not be forwarded

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to the requesting district and the district will notify the missing persons unit of the Missouri State Highway Patrol of the record request.

2. Upon notification that a student has transferred to any other school district, the district will forward to the superintendent of the new district any written notification the Kirksville R-III School District has received from a juvenile officer, sheriff, chief of police, or other appropriate law enforcement authority that a petition has been filed in juvenile court alleging that the student has committed an offense listed in 167.115.1, RSMo., and the notification of disposition of such case.

D. Annual Notification of Rights to Parents and Students

1. The district shall annually notify eligible students currently in attendance and parents of students currently in attendance of their rights under the Family Education Rights and Privacy Act (FERPA) and FERPA regulation by publication in the student handbook(s) or by distributing notification to the parents and eligible student at the beginning of the school year.

2. The district shall annually notify eligible students currently in attendance and parents of students currently in attendance of the directory information the district will release without written permission.

3. The district may notify parents of secondary school students that it is required to release the student’s name, address and telephone listing to military recruiters and institutions of higher education upon request. Parents or eligible students may request that the district not release this information, and the district will comply with the request.

4. The district will notify parents at least annually of its policy on the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information or otherwise providing that information to others for a marketing purpose, including arrangements to protect student privacy that are provided by the district in the event of such collection, disclosure or use (see policy JHDA and KI). Parents will be directly notified annually at the beginning of the school year of the specific or approximate dates during the school year when such collection, disclosure or use of personal information is scheduled or expected to be scheduled. The district will also offer an opportunity for the parent or eligible student to opt the student out of participation in any such activity.

E. Annual Notification of Directory Information

1. The district shall annually notify parents and eligible students of the directory information the district will release without written consent. Parents or eligible students will have ten school days after the annual public notice to provide notice in writing to the school district that they choose to not have this information released. Unless notified to the contrary in writing within the ten-school-day period, the school district may disclose any of those items designated as directory information without the parent’s or eligible student’s prior written consent, including in print and electronic publications of the school district.

2. Even if a parent or eligible student notifies the district in writing that he or she does not want directory information disclosed, the district may still disclose the information if required or allowed to do so by law. For example, the district may require students to disclose their names identifiers or district e-mail addresses in classes in which they are enrolled, or students may be required to wear, publicly display or disclose a student

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identification card or badge that exhibits information that is designated as directory information.

3. Directory Information is considered a “public record” that must be released by the district to any person who requests it under the Missouri Sunshine Law.

F. Release of Education Records

Disclosure of information from a student’s education records will be made only with the written consent of the parent or eligible student, subject to the following exceptions. The district may disclose education record information without consent in accordance with law, including when the disclosure is:

1. To school officials who have a legitimate educational interest in the records.

2. To officials of another school in which a student is enrolled or seeks or intends to enroll as long as the disclosure is for purposes related to the enrollment or transfer.

3. Directory Information. If the district annually notifies parents and eligible students that Directory Information may be released without prior written consent and gives parents and eligible students the opportunity to notify the district in writing that they do not want the information released, the district may release directory information without prior consent.

4. To military recruiters or institutions of higher education that have requested the names, addresses and telephone listings of secondary school students. However, the district will honor a request from a secondary school student or his or her parent not to release the information.

5. To organizations conducting studies for or on behalf of the district or other educational agencies or institutions to develop, validate or administer predictive tests, administer student aid programs or improve instruction if the legal requirements for disclosure are met.

6. To state and local authorities, when allowed by state statute, if the disclosure concerns law enforcement’s or juvenile justice authorities’ ability to effectively serve, prior to adjudication, the student whose records are released. The officials and authorities to whom such information is disclosed may be required to certify in writing that the information will not be disclosed to any other party except as allowed by law or with the written consent of the parent.

7. To accrediting organizations to carry out their accrediting functions.

8. To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.

9. To parents of a student who is not an eligible student or to the student.

10. To comply with a judicial order or a lawfully issued subpoena. Unless otherwise ordered, the district will make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or student may seek protective action.

11. In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.

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12. To authorized represents of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the United States Department of Education or state and local education authorities in connection with an audit or evaluation of federally or state-supported education programs or for the enforcement of or compliance with federal legal requirements relating to these programs.

13. To appropriate parties when there is an articulable and significant threat to the health or safety of a student or other persons. The nature of the threat and the persons to whom the information was disclosed must be recorded.

14. To an agency, caseworker or other representative of a state or local child welfare agencyor tribal organization who has a right to access the student’s case plan, as determinedby the state or tribal organization, hen such agency or organization is limited to student records or information from those records used for the purpose of addressing the student’s education needs.

15. To other persons authorized to receive education records pursuant to FERPA and 34 C.F.R., Part 99, or other applicable laws.

G. Re-disclosure

In accordance with law, the district may disclose personally identifiable information from education records only on the condition that the person to whom the information is disclosed will not re-disclose the information to other persons or entities without the prior consent of the parent or eligible student. When required by law, a party may be required to first sign a statement in which he or she agrees to abide by this provisions and agrees to use the information disclosed only for the purposes for which the disclosure was made. This provision does not apply to disclosures made to the officers, employees and agents of the person or entity to which the information was released for the purposes for which the disclosure was made; disclosures made to the student or parents of a dependent or minor student; disclosures made to comply with a judicial order or subpoena; and disclosures of directory information.

H. Recordkeeping

Unless exempted below, the school district will maintain a record of all requests for and disclosures of information from a student’s education records. The district will maintain the record of requests and disclosures with the education records of the student as long as the records are maintained. The record will indicate the name of the party making the request, any additional party to whom the information may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parents or the eligible student.

When the district discloses personally identifiable information from education records to third parties without parental consent in a health or safety emergency, the district will record the articulable and significant threat to the health or safety of individuals that formed the basis for the disclosure and the parties to whom the district disclosed the information.

The district is not required to maintain a record of requests by or disclosures to:

1. The parent or eligible student.

2. School officials within the district who have a legitimate educational interest in the student’s educational records.

3. A party with written consent from the parent or eligible student.

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4. A party seeking Directory Information.

5. A party seeking or receiving the records as directed by a law enforcement subpoena if the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

I. Charging Fees

The district may charge a fee for copies of student education records, unless the charge effectively prevents a parent or eligible student from exercising the right to inspect and review the student’s education records. This fee will not exceed the amount authorized under the Missouri Sunshine Law.

J. Appeals Procedures

Parents or the eligible students have the right to request correction of education records that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of education records:

1. Parents or the eligible student must ask the school district to amend a record. In so doing, they must identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of the student’s privacy rights. The request should be made to the building Principal.

2. The building principal or an employee designated by the superintendent will decide, within a reasonable period of time after receiving the request, whether to amend the record as requested. The district will notify the parents or eligible student of the decision and, if the request for amendment is denied, will inform them of their right to a hearing to challenge the content of the student’s education records on the grounds that the information included is inaccurate, misleading, or in violation of the student’s privacy rights.

3. The school district will hold a hearing within a reasonable period of time after a request for a hearing is received. The district will notify the parents or eligible student, reasonably in advance, of the date, place, and time of the hearing.

4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the district. The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The parents or eligible student may be assisted by one (1) or more individuals of their choice, including an attorney.

5. The hearing officer will prepare a written decision based solely on the evidence presented at the hearing and provide a copy to the district and the parents or the eligible student within a reasonable period of time after the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.

6. If the hearing officer decides that the information is inaccurate, misleading, or in violation of the student’s privacy rights, the district will amend the record and notify the parents or eligible student of the amendment in writing.

7. If the hearing officer decides that the challenged information is not inaccurate, misleading or in violation of the student’s privacy rights, the district will notify the parents or eligible student that they have a right to place in the record a statement

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commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If the school district discloses the contested portion of the record, it must also disclose the statement.

TECHNOLOGY USAGE

The Kirksville R-III School District technology exists for the purpose of enhancing the educational opportunities and achievement of district students. Research shows that students who have access to technology improve achievement. In addition, technology assists with the professional enrichment of the staff and increases engagement of students’ families and other patrons of the district, all of which positively impact student achievement. The district will periodically conduct a technology census to ensure that instructional resources and equipment that support and extend the curriculum are readily available to teachers and students.

The purpose of this policy is to facilitate access to district technology and to create a safe environment in which to use that technology. Because technology changes rapidly and employees and students need immediate guidance, the superintendent or designee is directed to create procedures to implement this policy and to regularly review those procedures to ensure they are current.

Definitions

For the purposes of this policy and related procedures and forms, the following terms are defined:

Technology Resources – Technologies, devices and services used to access, process, store or communicate information. This definition includes, but is not limited to: computers; modems; printers; scanners; fax machines and transmissions; telephonic equipment; mobile phones; audio-visual equipment; Internet; electronic mail (e-mail); electronic communications devices and services, including wireless access; multi-media resources; hardware; and software. Technology resources may include technologies, devices and services provided to the district by a third party.

User – Any person who is permitted by the district to utilize any portion of the district’s technology resources, including but not limited to students, employees, School Board members and agents of the school district.

User Identification (ID) – Any identifier that would allow a user access to the district’s technology resources, or to any program, including but not limited to e-mail and Internet access.

Password – A unique word, phrase or combination of alphabetic, numeric and non-alphanumeric characters used to authenticate a user ID as belonging to a user.

Authorized Personnel – Any person designated by the Technology Coordinator.

Authorized Users

The district’s technology resources may be used by authorized students, employees, School Board members and other persons approved by the superintendent or designee, such as consultants, legal counsel and independent contractors. All users must agree to follow the district’s policies and

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procedures and sign or electronically consent to the district’s User Agreement prior to accessing or using district technology resources, unless excused by the superintendent or designee

Use of the district’s technology resources is a privilege, not a right. No potential user will be given an ID, password or other access to district technology if he or she is considered a security risk by the Superintendent or designee.

User Privacy

A user does not have a legal expectation of privacy in the user’s electronic communications or other activities involving the district’s technology resources, including, but not limited to, voice mail, telecommunications, e-mail and access to the Internet or network drives. By using the district’s network and technology resources, all users are consenting to having their electronic communications and all other use monitored by the district. A user ID with e-mail access will only be provided to authorized users on condition that the user consents to interception of or access to all communications accessed, sent, received or stored using district technology.

Electronic communications, downloaded material and all data stored on the district’s technology resources, including files deleted from a user’s account, may be intercepted, accessed, monitored or searched by district administrators or their designees at any time in the regular course of business. Such access may include, but is not limited to, verifying that users are complying with district policies and rules and investigating potential misconduct. Any such search, access or interception shall comply with all applicable laws. Users are required to return district technology resources to the district upon demand including, but not limited to, mobile phones, laptops and tablets.

Technology Administration

The Board directs the superintendent or designee to assign trained personnel to maintain the district’s technology in a manner that will protect the district from liability and will protect confidential student and employee information retained on or accessible through district technology resources.

Administrators of district technology resources may suspend access to and/or availability of the district’s technology resources to diagnose and investigate network problems or potential violations of the law or district policies and procedures. All district technology resources are considered district property. The district may remove, change or exchange hardware or other technology between buildings, classrooms or users at any time without prior notice. Authorized district personnel may install or remove programs or information, install equipment, upgrade any system or enter any system at any time.

Content Filtering and Monitoring

The district will monitor the on-line activities of minors and operate a technology protection measure (“content filter”) on the network and all district technology with Internet access, as required by law. In accordance with law, the content filter will be used to protect against access to visual depictions that are obscene or harmful to minors or are child pornography. Content filters are not foolproof, and the district cannot guarantee that users will never be able to access offensive materials using district equipment. Evading or disabling, or attempting to evade or disable, a content filter installed by the district is prohibited.

The Superintendent, designee or the district’s technology administrator may fully or partially disable the district’s content filter to enable access for an adult for bona fide research or other lawful purposes. In making decisions to fully or partially disable the district’s content filter, the

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administrator shall consider whether the use will serve a legitimate education purpose or otherwise benefit the district.

Online Safety, Security and Confidentiality

In addition to the use of a content filter, the district will take measures to prevent minors from using district technology to access inappropriate matter or materials harmful to minors on the Internet. Such measures shall include, but not limited to, supervising and monitoring student technology use, careful planning when using technology in the curriculum, and instruction on appropriate materials. The superintendent, designee and/or the district’s technology administrator will develop procedures to provide users guidance on which materials and uses are inappropriate, including network etiquette guidelines.

All minor students will be instructed on safety and security issues, including instruction on the dangers of sharing personal information about themselves or others when using e-mail, social media, chat rooms or other forms of direct electronic communication. Instruction will also address cyberbullying awareness and response and appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms.

This instruction will occur in the district’s computer courses, courses in which students are introduced to the computer and the Internet, or courses that use the Internet in instruction. Students are required to follow all district rules when using district technology resources and are prohibited from sharing personal information online unless authorized by the district.

All district employees must abide by state and federal law and Board policies and procedures when using district technology resources to communicate information about personally identifiable students to prevent unlawful disclosure of student information or records.

All users are prohibited from using district technology to gain unauthorized access to a technology system or information; connect to other systems in evasion of the physical limitations of the remote system; copy district files without authorization; interfere with the ability of others to utilize technology; secure a higher level of privilege without authorization, introduce computer viruses, hacking tools, or other disruptive/destructive programs on district technology; or evade or disable a content filter.

Closed Forum

The district’s technology resources are not a public forum for expression of any kind and are to be considered a closed forum to the extent allowed by law.

The district’s web page will provide information about the school district, but will not be used as an open forum.

All expressive activities involving district technology resources that students, parents/guardians and members of the public might reasonably perceive to bear the imprimatur of the district, and that are designed to impart particular knowledge or skills to student participants and audiences are considered curricular publications. All curricular publications are subject to reasonable prior restraint, editing and deletion on behalf of the school district for legitimate pedagogical reasons.

All other expressive activities involving the district’s technology are subject to reasonable prior restraint and subject matter restrictions as allowed by law and Board policies.

Records Retention

Trained personnel shall establish a retention schedule for the regular archiving or deletion of data stored on district technology resources. The retention schedule must comply with the Public

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School District Records Retention Manual as well as the General Records Retention Manual published by the Missouri Secretary of State.

In the case of pending or threatened litigation, the district’s attorney will issue a litigation hold directive to the superintendent or designee.

The litigation hold directive will override any records retention schedule that may have otherwise called for the transfer, disposal or destruction of relevant documents until the hold has been lifted by the district’s attorney. E-mail and other technology accounts of separated employees that have been placed on a litigation hold will be maintained by the district’s information technology department until the hold is released. No employee who has been so notified of a litigation hold may alter or delete any electronic record that falls within the scope of the hold. Violation of the hold may subject the individual to disciplinary actions, up to and including termination of employment, as well as personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.

Violations of Technology Usage Policies and Procedures

Use of technology resources in a disruptive, inappropriate or illegal manner impairs the district’s mission, squanders resources and shall not be tolerated. Therefore, consistently high level of personal responsibility is expected of all users granted access to the district’s technology resources. Any violation of district policies or procedures regarding technology usage may result in temporary, long-term or permanent suspension of user privileges. User privileges may be suspended pending investigation into the use of the district’s technology resources.

Employees may be disciplined or terminated, and students suspended or expelled, for violating the district’s technology policies and procedures. Any attempted violation of the district’s technology policies or procedures, regardless of the success or failure of the attempt, may result in the same discipline or suspension of privileges as that of an actual violation. The district will cooperate with law enforcement in investigating any unlawful use of the district’s technology resources.

Damages

All damages incurred by the district due to a user’s intentional or negligent misuse of the district’s technology resources, including loss of property and staff time, will be charged to the user. District administrators have the authority to sign any criminal complaint regarding damage to district technology.

No Warranty/No Endorsement

The district makes no warranties of any kind, whether expressed or implied, for the services, products or access it provides. The district’s technology resources are available on an “as is, as available” basis.

The district is not responsible for loss of data, delays, non-deliveries, misdeliveries or service interruptions. The district does not endorse the content nor guarantee the accuracy or quality of information obtained using the district’s technology resources.

Student Users

All student users and their parents/guardians must sign or electronically consent to the district’s User Agreement prior to accessing or using district technology resources, unless otherwise excused by this policy or the superintendent or designee. Students who are 18 or who are otherwise able to enter into an enforceable contract may sign or consent to the User Agreement without additional

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signatures. Students who do not have a User Agreement on file with the district may be granted permission to use the district’s technology resources by the Superintendent or designee.

Employee Users

No employee will be given access to the district’s technology resources unless the employee agrees to follow the district’s User Agreement prior to accessing or using the district’s technology resources. Authorized employees may use the district’s technology resources for reasonable, incidental personal purposes as long as the use does not violate any provision of district policies, or procedures, hinder the use of the district’s technology resources for the benefit of its students or waste district resources. Any use which jeopardizes the safety, security or usefulness of the district’s technology resources or interferes with the effective and professional performance of the employee’s job is considered unreasonable. Unless authorized by the employee’s supervisor in advance, employees may not access, view, display, store, print or disseminate information using district technology resources that students or other users could not access, view, display, store, print or disseminate.

External Users

Consultants, legal counsel, independent contractors, and other persons having business with the district may also be granted user privileges at the discretion of the Superintendent or designee after consenting to the district’s User Agreement and for the sole, limited purpose of conducting business with the school. External users must abide by all laws, district policies and procedures.

General Rules and Responsibilities

The following rules and responsibilities will apply to all users of the district’s technology resources:

1. Applying for a user ID under false pretenses or using another person’s ID or password is prohibited.

2. Sharing user IDs or passwords with others is prohibited, and users will be responsible for any actions taken by those using the ID or password. A user will not be responsible for theft of passwords and IDs, but may be responsible if the theft was the result of user negligence.

3. Deleting, examining, copying or modifying files or data belonging to other users without their prior consent is prohibited.

4. Mass consumption of technology resources that inhibits use by others is prohibited.

5. Use of district technology for soliciting, advertising, fundraising, commercial purposes or financial gain is prohibited, unless authorized by the district. Use of district technology resources to advocate, support or oppose any ballot measure or candidate for public office is prohibited.

6. Accessing fee services without permission from an administrator is prohibited. A user who accesses such services without permission is solely responsible for all charges incurred.

7. Users are required to obey all laws, including criminal, copyright, privacy, defamation and obscenity laws. The district will render all reasonable assistance to local, state or federal officials for the investigation and prosecution of persons using district technology in violation of any law.

8. The district prohibits the use of district technology resources to access, view or disseminate information that is pornographic, obscene, child pornography, harmful to minors, obscene to minors, libelous, or pervasively indecent or vulgar.

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9. Accessing, viewing or disseminating information on any product or service not permitted to minors is prohibited unless under the direction and supervision of district staff for curriculum-related purposes.

10. The district prohibits the use of district technology resources to access, view or disseminate information that constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g. threats of violence, defamation of character or of a person’s race, religion or ethnic origin); presents a clear and present likelihood that, because of their content or their manner of distribution, they will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities; or will cause the commission of unlawful acts or the violation of lawful district policies and procedures.

11. The district prohibits any use that violates any person’s rights under applicable laws, and specifically prohibits any use that has the purpose or effect of discriminating against or harassing any person on the basis of race, color, religion, sex, national origin, ancestry, disability, age, genetic information, pregnancy, or use of leave protected by the Family and Medical Leave Act (FMLA).

12. The district prohibits any unauthorized intentional or negligent action, that damages or disrupts technology, alters its normal performance or causes it to malfunction. The district will hold users responsible for such damage and will seek both criminal and civil remedies, as necessary.

13. Only authorized personnel may install properly licensed software. User may only use properly licensed software and audio or video media purchased by the district or approved for use by the district. All users will adhere to the limitations of the district’s technology licenses. Copying for home use is prohibited unless permitted by the district’s license, and approved by the district.

14. At no time will district technology or software be removed from district premises, unless authorized by the building administrator.

15. All users will use the district’s property as it was intended. Technology resources will not be moved or relocated without permission from a building administrator. All users will be

held accountable for any damage they cause to district technology resources.

Technology Security and Unauthorized Access

1. All users shall immediately report any security problems or misuse of the district’s technology resources to a teacher or administrator.

2. Use of district technology resources in attempting to gain or gaining unauthorized access to any technology system or the files of another is prohibited.

3. Use of district technology to connect to other systems, in evasion of the physical limitations of the remote system is prohibited.

4. The unauthorized copying of system files is prohibited.

5. Intentional or negligent attempts, whether successful or unsuccessful, to interfere with the ability of others to utilize any district technology are prohibited.

6. Users will be granted access privileges to district technology resources a determined appropriate by the superintendent or designee. Any attempt to secure a higher level of privilege without authorization is prohibited.

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7. The introduction of computer viruses, hacking tools, or other disruptive or destructive programs into a district computer, network, or any external networks is prohibited.

On-Line Safety and Confidentiality

Curricular or non-curricular publications distributed using district technology will comply with the law and Board policies on confidentiality.

All district employees will abide by state and federal law, Board policies and district rules when using district technology resources to communicate information about personally identifiable students. Employees will take precautions to prevent negligent disclosure of student information or student records.

All students will be instructed on the dangers of sharing personal information about themselves or others over the Internet and are prohibited from sharing such information unless authorized by the district. Student users shall not agree to meet with someone they have met on-line without parental approval and must promptly disclose to a teacher or another district employee any message the user receives that is inappropriate or makes the user feel uncomfortable.

Electronic Mail and Messaging

A user is responsible for all e-mail and other electronic messages originating from the user’s e-mail or other electronic messaging accounts.

1. Forgery or attempted forgery of electronic messages is illegal and prohibited.

2. Unauthorized attempts to read, delete, copy or modify electronic messages of other users are prohibited.

3. Users are prohibited from sending unsolicited mass e-mail or other electronic messages, unless the communication is a necessary, employment-related function, or an authorized publication.

4. When communicating electronically, all users must comply with district policies, regulations and procedures and adhere to the same standards.

5. Users must obtain permission from the superintendent or designee before sending any district wide electronic messages.

Communication Devices

Employees and others to whom the district provides mobile phones or other electronic communication devices must use them professionally and in accordance with district policies, regulations and procedures. These devices shall not be used in a manner that would distract the employee or other user from adequate supervision of students or other job duties.

Exceptions

Exceptions to district rules will be made for district employees or agents conducting an investigation of a use that potentially violates the law, district policies or procedures. Exceptions will also be made for technology administrators who need access to district technology resources to maintain the district’s resources or examine and delete data stored on district computers as allowed by the district’s retention policy.

Waiver

Any user who believes he/she has a legitimate educational purpose for using the district’s technology in a manner that may violate any of the district’s policies, regulations or procedures

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may request a waiver from the Building Principal, Superintendent or their designees. In making the decision to grant a waiver to a student, the administrator shall consider the purpose, age, maturity, and level of supervision involved.

SURVEYING, ANALYZING OR EVALUATING STUDENTSInspection

Any parent may inspect, upon request, any instructional material used as part of the educational curriculum and all instructional materials, including teachers’ manuals, films, tapes or other supplementary material, that will be used in connection with any survey, analysis or evaluation as part of any applicable program. Further, a parent may inspect, upon request, a survey created by a third party before the survey is administered or distributed by a school to a student. The term “instructional material” does not include academic tests or academic assessments.

In general, the district will not collect, disclose or use personal student information for the purpose of marketing or selling that information or otherwise providing the information to others for that purpose. In the rare case where the district may collect information from students for the purpose of marketing or selling that information, parents may inspect any instrument used before the instrument is administered or distributed to a student, upon request and in accordance with Board policy.

Consent Required

In accordance with law, no student, as part of any program wholly or partially funded by the U.S. Department of Education, shall be required to submit to a survey, analysis or evaluation (hereafter referred to as “protected information survey”) that reveals any of the following information without written consent of a parent:

1. Political affiliations or beliefs of the student or the student’s parent.

2. Mental or psychological problems of the student or the student’s family.

3. Sex behavior and attitudes.

4. Illegal, antisocial, self-incriminating or demeaning behavior.

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

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

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

8. Income other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

Notice and Opportunity to Opt Out

In accordance with law, parents will receive prior notice and an opportunity to opt a student out of:

1. Any other protected information survey, as defined above, regardless of the funding source.

2. Any nonemergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent and not necessary to protect the immediate health and safety of a student, or any physical exam or screening permitted or required under state law, except for hearing, vision or scoliosis screenings.

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3. Activities involving the collection, disclosure or use of personal information obtained from students for marketing, selling or otherwise distributing information to others.

The district will directly notify parents at the beginning of the school year of the specific or approximate dates during the school year when the above-listed activities will occur or are expected to be scheduled.

Notification of Policy and Privacy

In accordance with law, parents will be directly notified of this policy at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy.

The district will take measures to protect the identification and privacy of the students participating in a protected information survey, regardless of the source of funding. These measures may include limiting access to the completed surveys and the survey results as allowed by law. All student educational records will be protected in accordance with law and Board policy JO.

The provisions of this policy applicable to parents will transfer to a student who is 18 years old or emancipated.

ASBESTOS MANAGEMENT PLAN

The Asbestos Hazard Emergency Response Act of 1986 requires schools to notify parents/ guardians of the location and availability of the Asbestos Management Plan.

The Asbestos Management Plan of the Kirksville R-III School District is located in the district’s Administrative Office at the Board of Education Building, 1901 East Hamilton, Kirksville, Missouri 63501-3904. Each school within the district also maintains a copy of its Management Plan in the administrative office.

The Management Plan is available, by appointment, for public inspection during regular business hours. Appointments must be honored by the school district within five days of receipt of written request.

The Kirksville R-III School District has designated the following person to be responsible for the Management Plan. Questions should be directed to this office.

Assistant Superintendent Kirksville R-III School District 1901 East Hamilton Kirksville, MO 63501-3904 (660) 665-7774

STUDENT DISCIPLINE

The Student Code of Conduct is designed to foster student responsibility, respect for others, and to provide for the orderly operation of district schools. No code can be expected to list each and every offense that may result in disciplinary action; however, it is the purpose of this code to list certain offenses which, if committed by a student, will result in the imposition of a certain disciplinary action. Any conduct not included herein, any aggravated circumstance of any offense, or any action involving a combination of offenses may result in disciplinary consequences that extend beyond this code of conduct as determined by the principal, superintendent and/or Board of Education. In extraordinary circumstances where the minimum

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consequence is judged by the superintendent or designee to be manifestly unfair or not in the interest of the district, the superintendent or designee may reduce the consequences listed in this policy, as allowed by law. This code includes, but is not necessarily limited to, acts of students on district property, including playgrounds, parking lots and district transportation, or at a school activity, whether on or off district property. The district may also discipline students for off-campus conduct that negatively impacts the educational environment, to the extent allowed by law.

Reporting to Law Enforcement

It is the policy of the Kirksville R-III School District to report all crimes occurring on district property to law enforcement, including, but not limited to, the crimes the district is required to report in accordance with law. A list of crimes the district is required to report is included in policy JGF.

The principal shall also notify the appropriate law enforcement agency and superintendent if a student is discovered to possess a controlled substance or weapon in violation of the district's policy.

In addition, the superintendent shall notify the appropriate division of the juvenile or family court upon suspension for more than ten (10) days or expulsion of any student who the district is aware is under the jurisdiction of the court.

Documentation in Student's Discipline Record

The principal, designee or other administrators or school staff will maintain all discipline records as deemed necessary for the orderly operation of the schools and in accordance with law and policy JGF.

Conditions of Suspension, Expulsion and Other Disciplinary Consequences

All students who are suspended or expelled, regardless of the reason, are prohibited from participating in or attending any district-sponsored activity, or being on or near district property or the location of any district activity for any reason, unless permission is granted by the superintendent or designee. In addition, the district may prohibit students from participating in activities or restrict a student’s access to district property as a disciplinary consequence even if a student is not suspended or expelled from school, if appropriate.

In accordance with law, any student who is suspended for any offenses listed in § 160.261, RSMo., or any act of violence or drug-related activity defined by policy JGF as a serious violation of school discipline shall not be allowed to be within 1,000 feet of any district property or any activity of the district, regardless of whether the activity takes place on district property, unless one (1) of the following conditions exist:

1. The student is under the direct supervision of the student's parent, legal guardian, custodian or another adult designated in advance, in writing, to the student’s principal by the student’s parent, legal guardian or custodian, and the superintendent or designee has authorized the student to be on district property.

2. The student is enrolled in and attending an alternative school that is located within 1,000 feet of a public school in the district.

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3. The student resides within 1,000 feet of a public school in the district and is on the property of his or her residence.

If a student violates the prohibition in this section, he or she may be suspended or expelled in accordance with the offense, "Failure to Meet Conditions of Suspension, Expulsion or Other Disciplinary Consequences," listed below.

Impact on Grades

As with any absence, absences due to an out-of-school suspension may result in the student earning a lower grade in accordance with the district’s policy on absences.

Prohibited Conduct

The following are descriptions of prohibited conduct as well as potential consequences for violation. Building-level administrators are authorized to more narrowly tailor potential consequences as appropriate for the age level of students in the building. All consequences must be within the ranges established in this regulation. In addition to the consequences specified here, school officials will notify law enforcement and document violations in the student's discipline file pursuant to law and Board policy.

Academic Dishonesty – Cheating on tests, assignments, projects or similar activities; plagiarism; claiming credit for another person's work; fabrication of facts, sources or other supporting material; unauthorized collaboration; facilitating academic dishonesty; and other misconduct related to academics.

First Offense: No credit for the work, grade reduction, or replacement assignment.

Subsequent Offense:

No credit for the work, grade reduction, course failure, or removal from extracurricular activities.

Arson--Starting or attempting to start a fire or causing or attempting to cause an explosion.

First Offense: Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion. Restitution if appropriate.

Subsequent Offense:

1-180 days out-of-school suspension or expulsion. Restitution if appropriate.

Assault 1. Using physical force, such as hitting, striking or pushing, to cause or attempt to cause

physical injury; placing another person in apprehension or immediate physical injury; recklessly engaging in conduct that creates a grave risk of death or serious physical injury; causing physical contact with another person knowing the other person will regard the contact as offensive or provocative; or any other act that constitutes criminal assault in the third degree.

First Offense: Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

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Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion.

2. Knowingly causing or attempting to cause serious bodily injury or death to another person, recklessly causing serious bodily injury to another person, or any other act that constitutes assault in the first or second degree.

First Offense:

10-180 days out-of-school suspension or expulsion.

Subsequent Offense:

Expulsion.

Automobile/Vehicle Misuse--Uncourteous or unsafe driving on or around district property, unregistered parking, failure to move vehicle at the request of school officials, failure to follow directions given by school officials or failure to follow established rules for parking or driving on district property.

First Offense:

Suspension or revocation of parking privileges, detention, or in-school suspension.

Subsequent Offense:

Revocation of parking privileges, detention, in-school suspension, or 1-10 days out-of-school suspension.

Bullying and Cyberbullying (see Board policy JFCF)—Intimidation or harassment of a student or multiple students perpetuated by individuals or groups. Bullying includes, but is not limited to: physical actions, including violence, gestures, theft, or damaging property; oral or written taunts, including name-calling, put-downs, extortion, or threats; threats of retaliation for reporting such acts; sending or posting harmful or cruel text or images using the Internet or other digital communication devices; sending or posting materials that threaten or raise concerns about violence against others, suicide or self-harm. Students will not be disciplined for speech in situations where the speech is protected by law.

First Offense:

Detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:


Bus or Transportation Misconduct (see Board policy JFCC)--Any offense committed by a student on transportation provided by or through the district shall be punished in the same manner as if the offense had been committed at the student's assigned school. In addition, transportation privileges may be suspended or revoked.

Dishonesty--Any act of lying, whether verbal or written, including forgery.

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First Offense:

Nullification of forged document. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Nullification of forged document. Detention, in-school suspension, 1-180 days out-of-school suspension.

Disrespectful or Disruptive Conduct or Speech (see Board policy AC if illegal harassment or discrimination is involved)--Verbal, written, pictorial or symbolic language, gesture or activity that is directed at any person that is in violation of district policy or is otherwise rude, vulgar, defiant, or considered inappropriate in educational settings or that materially and substantially disrupts classroom work, school activities or school functions. Students will not be disciplined for speech in situations where it is protected by law.

First Offense:

Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Subsequent Offense:

Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Drugs/Alcohol (see Board policies JFCH and JHCD) 1. Possession, sale, purchase or distribution of any over-the-counter drug, herbal preparation

or imitation drug or herbal preparation.

First Offense:

In-school suspension or 1-180 days out-of-school suspension.

Subsequent Offense:


2. Possession of or attendance while under the influence of or soon after consuming any

unauthorized prescription drug, alcohol, narcotic substance, unauthorized inhalants, counterfeit drugs, imitation controlled substances or drug-related paraphernalia, including controlled substances and illegal drugs defined as substances identified under schedules I, II, III, IV or V in section 202(c) of the Controlled Substances Act.

First Offense:


Subsequent Offense:


3. Sale, purchase or distribution of any prescription drug, alcohol, narcotic substance,

unauthorized inhalants, counterfeit drugs, imitation controlled substances or drug-related paraphernalia, including controlled substances and illegal drugs defined as substances

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identified under schedules I, II, III, IV or V in section 202(c) of the Controlled Substances Act.

First Offense:


Subsequent Offense:


Extortion--Threatening or intimidating any person for the purpose of obtaining money or anything of value.

First Offense:


Subsequent Offense:


Failure to Care for or Return District Property – Loss of, failure to return, or damage to district property including, but not limited to, books, computers, calculators, uniforms, and sporting and instructional equipment.

First Offense:

Restitution. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Restitution. Detention or in-school suspension.

Failure to Meet Conditions of Suspension, Expulsion or Other Disciplinary Consequences –Violating the conditions of a suspension, expulsion or other disciplinary consequence including, but not limited to, participating in or attending any district-sponsored activity or being on or near district property or the location where a district activity is held. See the section of this regulation titled, “Conditions of Suspension, Expulsion and Other Disciplinary Consequences.”

As required by law, when the district considers suspending a student for an additional period of time or expelling a student for being on or within 1,000 feet of district property during a suspension, consideration shall be given to whether the student poses a threat to the safety of any child or school employee and whether the student's presence is disruptive to the educational process or undermines the effectiveness of the district's discipline policy.

First Offense:

Verbal warning, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion. Report to law enforcement for trespassing if expelled.

Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion. Report to law enforcement for trespassing if expelled.

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False Alarms (see also "Threats or Verbal Assault")--Tampering with emergency equipment, setting off false alarms, making false reports; communicating a threat or false report for the purpose of frightening or disturbing people, disrupting the educational environment, disturbing, disrupting or causing the evacuation or closure of district property.

First Offense:

Restitution. Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:

Restitution. In-school suspension, 1-180 days out-of-school suspension, or expulsion.

Fighting (see also, "Assault")--Mutual combat in which both parties have contributed to the conflict either verbally or by physical action.

First Offense:


Subsequent Offense:


Fireworks – Possessing or using fireworks.

First Offense:

Confiscation. Warning, principal/student conference, detention, or in-school suspension.

Subsequent Offense:

Confiscation. Principal/Student conference, detention, in-school suspension, or 1-10 days out-of-school suspension.

Harassment, including Sexual Harassment (see Board policy AC)

1. Use of material of a sexual nature or unwelcome verbal, written or symbolic language based on gender, race, color, religion, sex, national origin, ancestry, disability or any other characteristic protected by law. Examples of illegal harassment include, but are not limited to, racial jokes or comments; requests for sexual favors and other unwelcome sexual advances; graffiti; name calling; or threatening, intimidating or hostile acts based on a protected characteristic.

First Offense:

Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension or expulsion.

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Subsequent Offense:

In-school suspension, 1-180 days out-of-school suspension, or expulsion, or expulsion.

2. Unwelcome physical contact of a sexual nature or that is based on gender, race, color, religion, sex, national origin, ancestry, disability or any other characteristic protected by law. Examples include, but are not limited to, touching or fondling of the genital areas, breasts or undergarments, regardless of whether the touching occurred through or under clothing; or pushing or fighting based on protected characteristics.

First Offense:


Subsequent Offense:

1-180 days out-of-school suspension, or expulsion.

Hazing (see Board policy JFCF)--Any activity that a reasonable person believes would negatively impact the mental or physical health or safety of a student or put the student in a ridiculous, humiliating, stressful or disconcerting position for the purposes of initiation, affiliation, admission, membership or maintenance of membership in any group, class, organization, club or athletic team including, but not limited to, a grade level, student organization or school-sponsored activity. Hazing may occur even when all students involved are willing participants.

First Offense:


Subsequent Offense:


Nuisance Items – Possession or use of items such as toys, games, and portable media players that are not authorized for educational purposes.

First Offense:

Confiscation. Warning, principal/student conference, detention, or in-school suspension.

Subsequent Offense:


Public Display of Affection--Physical contact that is inappropriate for the school setting including, but not limited to, kissing and groping.

First Offense:

Principal/Student conference, detention, or in-school suspension.

Subsequent Detention, in-school suspension, 1-10 days out-of-school suspension.

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Offense:

Sexting and/or Possession of Sexually Explicit, Vulgar or Violent Material – Students may not posses or display, electronically or otherwise, sexually explicit, vulgar or violent material including, but not limited to, pornography or depictions of nudity, violence or explicit death or injury. This prohibition does not apply to curricular material that has been approved by district staff for its educational value. Students will not be disciplined for speech in situations where it is protected by law.

First Offense:

Confiscation. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Confiscation. Detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Technology Misconduct (see Board policies EHB and KKB and procedure EHB-AP) 1. Attempting, regardless of success, to: gain unauthorized access to a technology system or

information; use district technology to connect to other systems in evasion of the physical limitations of the remote system; copy district files without authorization; interfere with the ability of others to utilize district technology; secure a higher level of privilege without authorization; introduce computer viruses, hacking tools, or other disruptive/destructive programs onto or using district technology; or evade or disable a filtering/blocking device.

First Offense:

Restitution. Principal/Student conference, loss of user privileges, detention, or in-school suspension.

Subsequent Offense:

Restitution. Loss of user privileges, 1-180 days out-of-school suspension, or expulsion.

2. Using, displaying or turning on pagers, phones, personal digital assistants, personal laptops

or any other personal electronic devices during the regular school day, including class change time, mealtimes or instructional class time, unless the use is part of the instructional program, required by a district-sponsored class or activity, or otherwise permitted by the building principal.

First Offense:

Confiscation, principal/student conference, detention, or in-school suspension.

Subsequent Offense:

Confiscation, principal/student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

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3. Violations, other than those listed in (1) or (2) above, of Board policy EHB procedure EHB-AP or any policy or procedure regulating student use of personal electronic devices.

First Offense:

Restitution. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Restitution. Loss of user privileges, in-school suspension 1-180 days out-of-school suspension, or expulsion.

4. Use of audio or visual recording equipment in violation of Board policy KKB.

First Offense:

Confiscation. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:


Theft--Theft, attempted theft or knowing possession of stolen property.

First Offense:

Return of or restitution for property. Principal/Student conference, detention, in-school suspension, or 1-180 days out-of-school suspension.

Subsequent Offense:

Return of or restitution for property. 1-180 days out-of-school suspension or expulsion.

Threats or Verbal Assault--Verbal, written, pictorial or symbolic language or gestures that create a reasonable fear of physical injury or property damage.

First Offense:

Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Offense:


Tobacco

1. Possession of any tobacco products, electronic cigarettes, or other nicotine-delivery products on district property, district transportation or at any district activity. Nicotine patches or other medications used in a tobacco cessation program may only be possessed in accordance with district policy JHCD.

First Offense:

Confiscation of tobacco product. Principal/Student conference, detention, or in-school suspension.

Subsequent Offense:

Confiscation of tobacco product. Detention, in-school suspension, or 1-10 days out-of-school suspension.

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2. Use of any tobacco products, electronic cigarettes, or other nicotine-delivery products on

district property, district transportation or at any district activity. Nicotine patches or other medications used in a tobacco cessation program may only be used in accordance with district policy JHCD.

First Offense:

Confiscation of tobacco product. Principal/Student conference, detention, in-school suspension, or 1-3 days out-of-school suspension.

Subsequent Offense:

Confiscation of tobacco product. In-school suspension or 1-10 days out-of-school suspension.

Truancy or Tardiness (see Board policy JED, and procedures JED-AP1 and JED-AP2)--Absence from school without the knowledge and consent of parents/guardians and the school administration; excessive non-justifiable absences, even with the consent of parents/guardians; arriving after the expected time class or school begins, as determined by the district.

First Offense:

Principal/Student conference, detention, or 1-3 days in-school suspension.

Subsequent Offense:

Detention or 3-10 days in-school suspension, and removal from extracurricular activities.

Repeated offenses may result in additional periods of suspension or expulsion. If the student is under 16 years of age, the juvenile officer will be notified and help sought from the Juvenile Office to remedy the problem. At grade levels K-5, parental conferences and makeup of time may be utilized in lieu of in-school suspension.

Unauthorized Entry--Entering or assisting any other person to enter a district facility, office, locker, or other area that is locked or not open to the general public; entering or assisting any other person to enter a district facility through an unauthorized entrance; assisting unauthorized persons to enter a district facility through any entrance.

First Offense:


Subsequent Offense:


Vandalism (see Board policy ECA)--Willful damage or the attempt to cause damage to real or personal property belonging to the district, staff or students.

First Offense:

Restitution. Principal/Student conference, detention, in-school suspension, 1-180 days out-of-school suspension, or expulsion.

Subsequent Restitution. In-school suspension, 1-180 days out-of-school suspension,

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Offense: or expulsion.

Weapons (see Board policy JFCJ) 1. Possession or use of any weapon as defined in Board policy, other than those defined in

18 U.S.C. § 921, 18 U.S.C. § 930(g)(2) or § 571.010, RSMo.

First Offense:


Subsequent Offense:


2. Possession or use of a firearm as defined in 18 U.S.C. § 921 or any instrument or device

defined in § 571.010, RSMo., or any instrument or device defined as a dangerous weapon in 18 U.S.C. § 930(g)(2).

First Offense:

One (1) calendar year suspension or expulsion, unless modified by the Board upon recommendation by the superintendent.

Subsequent Offense:

Expulsion.

3. Possession or use of ammunition or a component of a weapon.

First Offense:


Subsequent Offense:


STUDENT ALCOHOL/DRUG ABUSE

The Kirksville R-III School District is concerned with the health, welfare and safety of its students. Therefore, use, sale, transfer, distribution, possession or being under the influence of unauthorized prescription drugs, alcohol, narcotic substances, unauthorized inhalants, controlled substances, illegal drugs, counterfeit substances and imitation controlled substances is prohibited on any school property, in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities. This prohibition also applies to any district-sponsored or district-approved activity, event or function, such as a field trip or athletic event, where students are under the supervision of the school district. The use, sale, transfer or possession of drug-related paraphernalia is also prohibited.

For the purpose of this policy, a controlled substance shall include any controlled substance, counterfeit substance or imitation controlled substance as defined in the Narcotic Drug Act, Section

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195.010, RSMo., and in schedules I, II, III, IV and V in section 202(c) of the Controlled Substances Act, 21 U.S.C. 812(c).

Students may only be in possession of medication as detailed in Board policy JHCD. Searches of persons reasonably suspected to be in violation of this policy will be conducted in accordance with Board policy.

Any student who is found by the administration to be in violation of this policy shall be referred for prosecution and subject to disciplinary action up to and including suspension, expulsion or other discipline in accordance with the district’s discipline policy. Strict compliance is mandatory. The school principal shall immediately report all incidents involving a controlled substance to the appropriate local law enforcement agency and the Superintendent. All controlled substances shall be turned over to the local law enforcement.

Students with disabilities who violate this policy will be disciplined in accordance with policy JGE.

INTERROGATIONS, INTERVIEWS AND SEARCHES

Searches By School Personnel

School lockers, desks and other district property are provided for the convenience of students and, as such, are subject to periodic inspection without notice.

Student property may be searched based on reasonable suspicion of a violation of district rules, policy or law. Reasonable suspicion must be based on facts known to the administration, credible information or reasonable inference drawn from such facts or information. Searches of student property shall be limited in scope based on the original justification of the search. The privacy and dignity of students shall be respected. Searches shall be carried out in the presence of adult witnesses and not in front of other students, unless exigent circumstances exist.

It is a privilege, not a right, to park on school grounds. The school retains the authority to conduct routine patrols of any vehicle parked on school grounds. The interior of a student’s automobile on school premises may be searched if the school authority has reasonable suspicion to believe that such a search will produce evidence that the student has violated or is violating either the law or district policy.

The administration will contact law enforcement officials to perform a search if the administration reasonably suspects that a student is concealing controlled substances, drug paraphernalia, weapons, stolen goods or evidence of a crime beneath his or her clothing and the student refuses to surrender such items. Law enforcement officials may be contacted for assistance in performing a search in any case in which a student refuses to allow a search or in which the search cannot safely be conducted.

School employees and volunteers, other than commissioned law enforcement officers, shall not strip search students, as defined in state law, except in situations where an employee reasonably believes that the student possesses a weapon, explosive or substance that poses an imminent threat of physical harm to the student or others and a commissioned law enforcement officer is not immediately available. If a student is strip searched, as defined in state law, by a school employee or a commissioned law enforcement officer, the district will attempt to notify the student’s parents/guardians as soon as possible.

During an examination, and if reasonable under the circumstances, school employees may require students to empty pockets or remove jackets, coats, shoes and other articles of exterior clothing that when removed do not expose underwear. Employees may also remove student

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clothing to investigate the potential abuse or neglect of a student, give medical attention to a student, provide health services to a student or screen a student for medical conditions.

Use of Drug-Detection Dogs

To further safety and promote discipline in the district, the Board authorizes the use of certified or State of Missouri trained drug-detection dogs in cooperation with law enforcement authorities to search school premises at any time. Drug-detection dogs may be used periodically to monitor school premises as determined by the administration, including but not limited to, lockers, vehicles parked on school property or vehicles parked on property provided to the school. Drug-detection dogs may be used to check items including book bags, gym bags, coats, jackets, purses, etc. It is not the intent of this policy to include direct personal searches; however, if while conducting a search, a dog’s alert includes an individual then a personal search may be warranted. If a drug dog alerts that a person has contraband in his or her possession, a school administrator will question the student. A certificated school employee designated by the school administrator shall be present during the questioning to serve as a witness.

Should a drug dog alert during a walk-through, reasonable suspicion is established to conduct a search. A school administrator or designated certificated employee shall be present to witness any search. If a vehicle is to be opened, the person owning, operating, or responsible for that vehicle shall also be present unless a school administrator deems the situation to be an emergency where public safety could be in jeopardy. Should a person refuse to allow their vehicle to be searched after having been identified by the drug detection dog, law enforcement officials shall be notified.

School Resource Officers

The school resource officer (SRO) may interview or question students regarding an alleged violation of law A school resource officer may also accompany school officials executing a search or may perform searches under the direction of school officials.

Interview With Police or Juvenile Officers/Other Law Enforcement Officials

Law enforcement officials may wish to interview students regarding their knowledge of suspected criminal activity and may wish to interrogate students who are themselves suspected of engaging in criminal activity. Such interviews and interrogations are discouraged during class time, except when law enforcement officials have a warrant or other court order or when an emergency or other exigent circumstances exist. It is the responsibility of the principal or designee to take reasonable steps to prevent disruption of school operations while at the same time cooperating with law enforcement efforts.

When law enforcement officials find it necessary to question students during the school day or during periods of extracurricular activities, the school principal or designee will be present and the interview will be conducted in private. The principal will verify and record the identity of the officer or other authority and request an explanation of the need to question or interview the student at school. The principal ordinarily will make reasonable efforts to notify the student’s parents/guardians unless the interviewer raises a valid objection to the notification.

Removal of Students From School by Law Enforcement Officials

Before a student at school is arrested or taken into custody by a law enforcement official or other legally authorized person, the principal will verify the official’s identity. To the best of his or her ability, the principal will verify the official’s authority to take custody of the student. The school principal will attempt to notify the student’s parents/guardians that the student is being removed from school.

Interview With the Children’s Division

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Representatives of the Children’s Division (CD) of the Department of Social Services may meet with students on campus. The district liaison will work with CD to arrange such meetings so they are minimally disruptive to the student’s schedule. If the student is an alleged victim of abuse or neglect, CD may not meet with the student in any school building or child care facility where the abuse of the student allegedly occurred. The principal will verify and record the identity of any CD representatives who request to meet with or take custody of a student.

Contacts by Guardian Ad Litem and Court-Appointed Special Advocate

When a court-appointed guardian ad litem or special advocate finds it necessary to interview a student during the school day or during periods of extracurricular activities, the school principal or designee must be notified. The principal will verify and record the identity of the individual through the court order that appoints him or her. The interview must be conducted in a private setting and with the least disruption to the student’s schedule.

STUDENT SUSPENSION AND EXPULSION

The following procedures apply to all students. However, additional procedures for discipline for students with disabilities are sometimes required as discussed in policy JGE, Discipline of Students with Disabilities.

The Board of Education believes that the right of a child to attend free public schools carries with it the responsibility of the child to attend school regularly and to comply with the lawful policies, rules and procedures of the school district. This observance of school policies, rules and procedures is essential for permitting others to learn at school.

Therefore, the administration may exclude a student from school because of violation of school rules and procedures, conduct which materially or substantially disrupts the rights of others to an education, or conduct which endangers the student, other students or the property of the school. Furthermore, if a student poses a threat to self or others, as evidenced by the prior conduct of such student, the administration may immediately remove the student from school. Such actions will be taken in accordance with due process and with due regard for the welfare of both the student and the school.

The terms “suspension” and “removal” refer to an exclusion from school that will not exceed a specific period of time and shall be subject to the due process procedures set forth for “suspensions” in this policy. The term “expulsion” refers to exclusion for an indefinite period.

The district may honor suspensions and expulsions from another in-state or out-of-state school district including a private, charter or parochial school or school district pursuant to law and policy JEC, Student Admissions. Before making any decision to honor such suspensions or expulsions, the Superintendent or designee will consider whether the student has received the due process required by law.

Suspensions

In Missouri, a Principal may suspend a student for up to ten (10) school days. A Superin-tendent may suspend a student for up to 180 school days. Procedures for suspending a student are outlined below.

1. Before suspending a student, a Principal or Superintendent must (a) tell the student, either orally or in writing, what misconduct he or she is accused of; (b) if the student denies the accusation, explain, either orally or in writing, the facts that form the basis of the proposed

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suspension; and (c) give the student an opportunity to present his or her version of the incident.

2. If the Principal or Superintendent concludes that the student has engaged in misconduct punishable by suspension, the procedures described below apply. If the student has a disability as defined in the Individuals with Disabilities Education Act (IDEA) as amended or Section 504 of the Rehabilitation Act, additional procedural safeguards described in the policy dealing with the discipline of students with disabilities apply.

3. The Principal or Superintendent should determine whether the student should be suspended or whether less drastic alternative measures would be appropriate. In many cases, the Principal or Superintendent may decide not to suspend a student unless conferences (between the teacher, student and Principal and/or between the parent, student and Principal) have been held and have failed to change the student’s behavior.

4. If suspension is imposed, the student’s parents or guardians must be promptly notified of the suspension and the reasons for the action.

5. Any suspension by a Principal must be reported, immediately and in writing, to the Superintendent, who may revoke the suspension, either part or in full, at any time.

6. If a student is suspended for more than ten (10) school days, the following rules also apply:

a. The student, his or her parents, guardians or others having custodial care have a right to appeal the Superintendent’s decision to the Board or a committee of the Board appointed by the Board president.

b. If the student gives notice that he or she wishes to appeal the suspension to the Board, the suspension shall be stayed until the Board renders its decision, unless in the Superintendent’s judgment, the student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process.

c. All notices of appeal shall be transmitted, either by the appealing party or by the Superintendent, to the Secretary of the Board. Oral notices, if made to the Superintendent, shall be reduced to writing and communicated to the Secretary of the Board.

d. The Superintendent, when notified of an appeal, shall promptly transmit to the Board a full written report of the facts relating to the suspension, the action taken by the Superintendent, and the reasons for the action.

e. Upon receipt of a notice of appeal, the Board will schedule a hearing and within a reasonable time in advance of the scheduled date, will notify, by certified mail, the appealing party of the date, time and place of the hearing and of the right to counsel, to call witnesses, and to present evidence at the hearing.

f. Hearings of appealed suspension will be conducted as described in the section of this policy dealing with student disciplinary hearings.

Suspensions For More Than 180 School Days and Expulsion

Only the Board may expel a student or suspend a student for more than 180 school days. The applicable procedures are outlined below.

1. Before recommending to the Board that a student be expelled or suspended for more than 180 school days, the Superintendent must (a) tell the student, either orally or in writing, what misconduct he or she is accused of; (b) if the student denies the accusation, explain

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either orally or in writing, the facts that form the basis of the proposed suspension/ expulsion; and (c) give the student an opportunity to present his or her version of the incident.

2. If the Superintendent concludes that the student has engaged in misconduct and should be expelled or suspended for more than 180 school days, the procedures described below apply unless the student has a disability. (In the case of a student with a disability, the procedures described in the policy dealing with the discipline of students with disabilities shall apply.)

a. The Superintendent will recommend to the Board that the student be expelled or suspended for more than 180 school days. The Superintendent may also immediately suspend the student for up to 180 school days.

b. Upon receipt of the Superintendent’s recommendation, the Board will follow the procedures described in the section of this policy dealing with student disciplinary hearings.

3. If the student is expelled, he or she may later apply to the Board for readmission. Only the Board can readmit an expelled student.

Student Discipline Hearings

The Board of Education may originate student discipline hearings upon recommendation of the Superintendent. In such cases, the Board of Education will review the Superintendent’s report and determine whether to conduct a discipline hearing. In addition, student discipline hearings also will be held upon written request of the student or the student’s parents, to consider appeals from student suspensions in excess of ten (10) school days. A discipline hearing will always be held in cases of suspensions in excess of 180 school days or expulsions, unless after meeting with the Superintendent or designee, the parent or guardian waives, in writing, the right to an expulsion hearing.

In all hearings, whether initiated by the Board of Education or by appeal, the following procedures will be adhered to:

1. The student and the parents/guardians will be advised of the charges against the student; their right to a Board hearing; the date, time and place of the hearing; their right to counsel; and their procedural rights to call witnesses, enter exhibits and cross-examine adverse witnesses. All such notifications will be made by certified mail, addressed to the student’s parents or guardians. The Board shall make a good-faith effort to have the parents or guardians present at the hearing.

2. Prior to the Board hearing, the student and the student’s parents/guardians will be advised of the identity of the witnesses to be called by the administration and advised of the nature of their testimony. In addition, the student and the student’s parents/guardians will be provided with copies of the documents to be introduced at the hearing by the administration.

3. The hearing will be closed unless the Board decides otherwise. The hearing will only be open with parental consent. At the hearing, the administration or their counsel will present the charges and such testimony and evidence to support such charges. The student, his or her parents/guardians or their counsel shall have the right to present witnesses, introduce exhibits, and to cross-examine witnesses called in support of the charges.

4. At the conclusion of the hearing, the Board of Education shall deliberate in executive session and shall render a decision to dismiss the charges; to suspend the student for a specified period of time; or to expel the student from the schools of the district. The

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administration or its counsel, by direction of the Board of Education, shall promptly prepare and transmit to the parents/guardians written notice of the decision.

Remedial Conference

Prior to the readmission or enrollment of any student who has been suspended out of school or expelled in accordance with this policy, for any “act of school violence” as defined in 160.261.2, RSMo., and Board policy JGF, a conference must be held to review the student’s conduct that resulted in the suspension or expulsion and any remedial actions needed to prevent future occurrences of such conduct or related conduct. The conference shall include the appropriate school officials including any teacher directly involved with the conduct that resulted in the suspension or expulsion, the student, and the parent or guardian of the student or any agency having legal jurisdiction, care, custody or control of the student. The Board of Education shall notify, in writing, the parents or guardians and all other parties of the time, place and agenda of any such conference. Failure of any party to attend this conference shall not preclude holding the conference. This requirement applies to enrolling students transferring from another school as well, regardless of whether the “act of school violence” was committed at a public school or at a private school in Missouri, provided that such act shall have resulted in the suspension or expulsion of such student in the case of a private school.

DISCIPLINE OF STUDENTS WITH DISABILITIES

It is the goal of the Kirksville R-III School District to provide a safe and productive learning environment for all students. The district does not believe in a double standard for misbehavior and holds the welfare and safety of all persons in the district in highest regard. Students with disabilities will be disciplined in accordance with the district's discipline code applicable to all students, subject to the modifications mandated by law. All students, including those with disabilities, will be referred for law enforcement action when required by law and when their conduct constitutes a crime.

The district will comply with all state and federal laws governing the discipline of students with disabilities, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, applicable regulations and state and local plans for compliance with the law. In addition to the process outlined in special education law, students with disabilities will receive the same due process afforded other students.

The Board delegates to the Superintendent or designee the authority to seek the removal of a student with a disability as allowed by federal or state law to an alternative educational setting through the state hearing process or to seek a court injunction ordering removal or a different educational placement.

The Superintendent or designee will provide all district employees training on violence prevention, the district's discipline code and the legal requirements for disciplining students with disabilities. The Board delegates to the Superintendent or designee the authority to contact the district's legal counsel for legal advice or training on the district's responsibilities.

DISCIPLINE OF STUDENTS WITH DISABILITIES(Students Eligible for Special Education Services)

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The following procedure is intended to give guidance to district personnel when discipliningstudents who are eligible for special education services under state and federal law and relevantregulations. This procedure is not intended to replace adequate training and the guidance of thespecial education director. The special education director or designee must be contacted when astudent receiving special education services is suspended from school or school services. Currentlaw will govern and may supercede this procedure.

Definitions

Short-Term Suspension -- Suspension for ten (10) school days or fewer, to the extent that suchalternatives are applied students without disabilities, of a student receiving special educationservices who violates a code of student conduct. In-school suspension is not usually considereda “suspension” under this procedure unless the student is not receiving the necessary specialeducation services while in that setting or unless it occurs so frequently that it constitutes a change in placement.

Long-Term Suspension or Expulsion -- Suspensions in excess of ten (10) consecutive school days, or suspensions in excess of ten (10) school days cumulatively in a school year where a pattern of suspension is created. A long-term suspension or expulsion is a change of placement and may not be imposed if the manifestation determination team concludes the conduct subject to discipline is related to the disability.

Pattern of Suspension -- Determination of whether a "pattern of suspension" is created is basedon factors such as the length of each removal, total amount of time a student is removed and theproximity of the removals to one another. The type of conduct involved in each incident has nobearing on whether a pattern is created. The special education director or designee will determine whether the suspension will create a pattern.

Manifestation Determination Team -- The manifestation determination team is comprised of theparent, representatives of the school district and relevant members of the Individualized Education Program (IEP) team, as determined by the parent and the district. Although membership of the manifestation determination team may be similar or identical to an IEP team, the manifestation determination is not a function of the IEP team.

Interim Alternative Educational Setting -- An alternative setting in which the student continues to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. As appropriate, it includes the student receiving a functional behavioral assessment, behavioral intervention services and modifications that are designed to prevent unacceptable behavior from recurring.

Selection of Discipline Options

The selection of the appropriate discipline option for a student with disabilities will be based on:

1. The nature of the behavior subject to discipline.

2. The number of days of suspension warranted by the misconduct.

3. The history of suspensions or other disciplinary actions imposed during the current schoolyear.

4. Violent or dangerous characteristics of the student's behavior.

5. Other unique circumstances on a case-by-case basis.

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School personnel may not impose disciplinary measures to a greater degree than those applied to students without disabilities for the same or comparable offense.

Discipline Options and Procedures

Suspension for Ten (10) School Days or Fewer (Consecutive or Cumulative in a School Year)

1. The Principal suspends the student for up to ten (10) school days in accordance with thediscipline code.

2. On the day the decision to suspend is made, the parents are notified of the decision and theprocedural safeguards afforded in accordance with law. Law enforcement will be contacted if a crime has occurred.

3. No services or other special procedures are required.

Short-Term Suspension When Services May Need to Be Provided

1. In accordance with the discipline code, the Principal imposes a suspension for up to ten(10) school days that in combination with prior suspensions for the school year exceeds atotal of ten (10) cumulative school days.

2. On the day the decision to suspend is made, the parents are notified of the decision and theprocedural safeguards afforded in accordance with law. Law enforcement will becontacted if a crime has occurred.

3. A determination is made as to whether a pattern of suspension will be created by thesuspension. This determination is made by the director of special education or designee.

If it is determined that a pattern of suspension does exist, the suspension willconstitute a change of placement, and the procedures under long-term suspensionor expulsion must be followed.

If it is determined that a pattern of suspension does not exist, proceed to Step 4.

4. Services are required on the eleventh cumulative school day of removal in a school yearand thereafter if necessary to enable the student to appropriately progress, as determinedby school staff. The special education director or designee, in consultation with thestudent's teacher, will determine which, if any, services are needed.

Long-Term Suspension/Expulsion

1. The Principal suspends the student for up to ten (10) school days and recommends a longerperiod of suspension to the Superintendent in accordance with the discipline code. On theday the decision to suspend is made, the parents are notified of the decision and theprocedural safeguards afforded in accordance with law. Law enforcement will becontacted if a crime has occurred.

2. If the Superintendent concludes the misconduct warrants a long-term suspension, thedirector of special education or designee is notified.

3. Within ten (10) school days of the suspension or as soon as practical when a pattern ofsuspension is created, the manifestation determination team shall review all relevantinformation in the student's file, including the student's IEP, any teacher observations andany relevant information provided by the parents to determine if the conduct in questionwas:

Caused by or had a direct and substantial relationship to the student's disability.

The direct result of the local educational agency's failure to implement the IEP.

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If the manifestation determination team determines that either of the two (2) situationsabove is applicable to the student, the conduct will be determined to be a manifestation ofthe disability.

4. If the manifestation determination team determines that the behavior is a manifestation ofthe disability, the IEP team shall:

Conduct a functional behavioral assessment and implement a behavioral intervention plan if one has not been developed already.

Review the behavioral intervention plan, if one has been developed, and modify itto address the behavior, if necessary.

Return the student to the prior educational placement, unless the parent and thedistrict agree to a change of placement as part of the modification of the behavioralintervention plan, or follow the procedure for a 45-day removal if applicable.

5. If the manifestation determination team concludes that the behavior is not a manifestationof the disability, the relevant disciplinary procedures may be applied to the student in thesame manner and for the same length of time applicable to students without disabilities.

If the Superintendent or designee decides to assign a long-term suspension orexpulsion, the parents are notified of the decision and the right to appeal to theBoard.

The IEP team will determine how the student will continue to receive educationalservices so that the student can participate in the general education curriculum andprogress toward meeting IEP goals.

As appropriate, the student may receive a functional behavioral assessment,behavioral intervention services and modifications designed to address the behaviorviolation.

Automatic Removal for 45 School Days

School personnel may remove a student to an interim alternative educational setting for up to 45 school days, regardless of whether the behavior is a manifestation of the student’s disability, forthe following acts if committed on school grounds or at a school function:

1. Carrying or possessing a weapon as defined in 18 U.S.C. § 930.

2. Knowingly using, possessing, selling or soliciting a sale of certain illegal drugs identifiedunder schedules I, II, III, IV or V in section 202(c) of the Controlled Substances Act.

3. Inflicting serious bodily injury upon another person.

This 45-day removal is not considered a "suspension" in accordance with law. The followingprocedures are used to implement a 45-day removal:

1. The Principal contacts law enforcement, the Superintendent and the special educationdirector or designee immediately.

2. The Principal suspends the student for ten (10) school days in accordance with thediscipline code. The parents are notified of the decision and the procedural safeguardsafforded in accordance with law. The parents are also notified that the student will beremoved to an interim alternative educational setting for 45 school days.

3. An IEP meeting is conducted to determine how the student will receive a free appropriateeducation while in the interim alternative educational setting. If the district recommends

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that the student receive a suspension after the 45-day removal, the manifestationdetermination team will conduct a manifestation determination.

4. If the manifestation determination team determines that the behavior is a manifestation ofthe disability, the IEP team shall:

Conduct a functional behavioral assessment and implement a behavioral intervention plan if one has not already been developed.

Review the behavioral intervention plan, if one has been developed, and modify it to address the behavior, if necessary.

Return the student to the prior educational placement after the initial 45-day removal unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.

5. If the manifestation determination team determines that the behavior is not a manifestationof the disability, the student will be suspended for the same length of time applicable toother students after the 45-day removal ends.

As appropriate, the student may receive a functional behavioral assessment, behavioral intervention services and modifications designed to address the behavior violation.

Expedited Hearing by Hearing Officer

A parent who disagrees with any decision regarding placement or the manifestation determination will be provided an expedited hearing in accordance with law. The student will remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the disciplinary action, whichever occurs first, unless the parent and the district agree otherwise.

If the district believes that the current placement of a special education student is substantiallylikely to result in injury to the student or others, the district may request an expedited hearingthrough the Department of Elementary and Secondary Education (DESE), Division of SpecialEducation.

Court Injunction

The district, through legal counsel, may seek a court injunction ordering removal or a change ofplacement for a dangerous or violent student.

Students Not Yet Identified

A student who has not been determined to be eligible for special education and related servicesunder the IDEA may assert any of the protections afforded to special education students if thedistrict had knowledge that the student was a student with a disability before the behavior thatprecipitated the disciplinary action occurred.

If the district did not have such knowledge prior to taking disciplinary measures against thestudent, the student may be disciplined in the same manner as students without disabilities whoengage in comparable behaviors. However, if a request is made for an evaluation during the timeperiod in which the student is subject to disciplinary measures, an expedited evaluation will beconducted.

If the student is determined to be eligible for special education and related services, the districtwill provide those services. Pending the results of the evaluation, the student will remain in theeducational placement determined by school authorities.

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The district will be considered to have knowledge that a student is a student with a disability if,prior to the behavior subject to disciplinary action, any one (1) of the following conditions exists:

1. The parent has expressed concern in writing to supervisory or administrative personnel orthe student's teacher that the student is in need of special education and related services.

2. The parent has requested an initial evaluation of the student.

3. The student's teacher or other district personnel have expressed specific concerns directlyto the special education director or to other district supervisory personnel in accordancewith the agency's established Child Find or special education referral systems about apattern of behavior demonstrated by the student.

The district is considered not to have knowledge that a student has a disability requiring specialeducation services if any of the following apply:

1. The parent of the student has not allowed an evaluation.

2. The parent of the student has refused services.

3. The student has been evaluated and it was determined that the student was not a studentwith a disability pursuant to the IDEA.

DISCIPLINE OF STUDENTS WITH DISABILITIES(Students Receiving Accommodations under Section 504 but Not Special Education Services)

The following procedure is intended to give guidance to district personnel when disciplining students with disabilities as defined by Section 504 of the Rehabilitation Act of 1973. However, this procedure is not intended to replace adequate training and the guidance of the district’s 504 coordinator. The district’s 504 coordinator or designee must be notified when a student with disabilities is suspended from school or school services. Current law will govern and may supercede this procedure.

Students with disabilities may also qualify for special education services. Special education students must be disciplined in accordance with state and federal law, as outlined in JGE-AP1.

Definition

Suspension -- Removal of a student receiving accommodations under Section 504 from the student’s current placement or to another educational setting that is not contemplated by a student’s 504 plan. In-school suspension is not a “suspension” under this procedure unless the student is not receiving the necessary accommodations while in that setting.

Suspension for Ten (10) School Days or Fewer

1. The Principal suspends the student for up to ten (10) school days in accordance with the discipline code, and the parents are notified.

2. The student is not entitled to educational services during the suspension unless those services are offered to students without disabilities during a suspension.

Suspension for More than Ten (10) School Days

1. The Principal suspends the student for ten (10) school days in accordance with the discipline code, recommends a longer suspension to the Superintendent and notifies the 504 coordinator and the parents.

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2. If the Superintendent determines that a longer suspension is warranted, the Superintendent notifies the 504 coordinator.

3. A multidisciplinary team meets to determine whether the behavior is a manifestation of the student’s disability and forwards the results of that determination to the Superintendent. This meeting will be held during the period of the ten-day suspension imposed by the Principal.

If the multidisciplinary team determines that the behavior is a manifestation of the student's disability, the student will not be suspended beyond ten (10) school days and the team will consider whether additional accommodations are necessary.

4. If the behavior that resulted in the suspension is not a manifestation of the student's disability, the Superintendent will assign additional suspension time as he or she determines is appropriate and notify the parents of their rights to appeal to the Board. The student is not entitled to receive educational services during the suspension unless those services are offered to students without disabilities.

DISTRIBUTION OF NON-CURRICULAR STUDENT PUBLICATIONS

I. Guidelines:

Students may distribute, at reasonable times and places, unofficial material, including but not limited to petitions, buttons, badges, or other insignia. If the district allows students to use its technology resources for non-curricular purposes, any exchange of unofficial material which is delivered or accessed using district technology resources is also subject to this policy. However, students cannot distribute expressions which:

A. Are obscene to minors.

B. Are libelous.

C. Are pervasively indecent or vulgar (secondary schools)/contain any indecent or vulgar language (elementary schools).

D. Advertise any product or service not permitted to minors by law.

E. Constitute insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person’s race, religion or ethnic origin).

F. Present a clear and present likelihood that, either because of their content or their manner of distribution, will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school procedures.

II. Procedures

Anyone wishing to distribute unofficial written material must first submit for approval a copy of the material to the Principal or designee 24 hours in advance of desired distribution time, together with the following information:

A. Name and phone number of the person submitting the request.

B. Date(s) and time(s) of day of intended distribution.

C. Location where material will be distributed.

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D. The grade(s) of students to whom the display or distribution is intended. Within 24 hours of submission, the Principal (or his or her designee) will render a decision whether the material violates the Guidelines in Section I or the time, place and manner restrictions in Section III of this policy. In the event that permission to distribute the material is denied, the person submitting the request should be informed in writing of the reasons for the denial.

Permission to distribute material does not imply approval of its contents by the school, the administration, the Board, or the individual reviewing the material submitted.

If the person submitting the request does not receive a response within 24 hours of submission, the person shall contact the office to verify that the lack of response was not due to an inability to locate the person. If the person has made this verification and there is no response to the request, the material may be distributed in accordance with the time, place and manner provisions in Section III.

If the person is dissatisfied with the decision of the Principal (or designee), the person may submit a written request for appeal to the Superintendent of Schools or his or her secretary.

If the person does not receive a response within three days (not counting Saturdays, Sundays and holidays) of submitting the appeal, the person shall contact the Office of the Superintendent to verify that the lack of response is not due to an inability to locate the person.

If the person has made this verification and there is no response to the appeal, the material may be distributed in accordance with the time, place and manner provisions in Section III.

At every level of the process, the person submitting the request shall have the right to appear and present the reasons supported by relevant witnesses and material, as to why distribution of the unofficial material is appropriate.

III. Time, Place and Manner of Distribution

The distribution of unofficial material shall be limited to a reasonable time, place and manner as follows:

A. No unofficial material may be distributed during and at the place of a normal school activity if it is reasonably likely to cause a material and substantial disruption of that activity.

B. Distribution of unofficial material is prohibited when it blocks the safe flow of traffic within corridors and entranceways of the school or when it disrupts the use of district technology resources.

IV. Definitions

The following definitions apply to the following terms as used in this policy.

A. “Obscene to minors” is defined as:

1. The average person, applying contemporary community standards, would find that the unofficial material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested; and/or

2. The unofficial material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, and lewd exhibition of the genitals; and/or

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3. The unofficial material, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.

B. “Minor” means any person under the age of 18.

C. “Material and substantial disruption” of a normal school activity is defined as follows:

1. Where the normal school activity is an educational program of the district for which student attendance is compulsory, “material and substantial disruption” is defined as any disruption that interferes with or impedes the implementation of that program.

2. Where the normal school activity is voluntary in nature (including, without limitation, school athletic events, school plays and concerts, and lunch periods). “Material and substantial disruption”: is defined as student rioting, unlawful seizures of property, widespread shouting or boisterous conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walk-out or other related forms of activity.

In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the material in question.

D. “School activities” means any activity of students sponsored by the school and includes -- by way of example, and not by way of limitation -- classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays, and in-school lunch periods.

E. “Unofficial” material includes all written or pictorial communications except school publications funded and/or sponsored or authorized by the school. Examples include leaflets, buttons, badges, insignia, brochures, flyers, petitions, placards, underground newspapers, websites, links to websites, and e-mails, whether created by students or others.

F. “Libelous” is a false and unprivileged statement about a specific individual that tends to harm the individual’s reputation, or to lower him or her in the esteem of the community.

G. “Distribution” means circulation or dissemination of unofficial material by means of handing out copies, selling or offering copies for sale and accepting donations for copies or delivery via district technology. It includes displaying unofficial material in areas of the school that are generally frequented by students.

V. Disciplinary Action

Distribution by a student of unofficial written material prohibited in Section I or in violation of Section III may be treated as a violation of the student discipline code.

VI. Notice of Policy to Students

A copy of this policy will be published in student handbooks and posted conspicuously in school buildings.

PERSONNEL RECORDS

Pursuant to state law, the names, positions, salaries and lengths of service of all employees are public information and must be released upon request. In accordance with federal law, the

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district shall release to parents upon request, information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals who are employed by a school receiving Title I funds and who provide instruction to their child at that school. (Reference – Board Policy GBL)

Handbook Revised 12/2015

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Documents

Kirksville R-III School District€¦ · Web viewSTUDENT - PARENT. NOTIFICATIONS. 2015-16. Kirksville R-III School District. 1901 East Hamilton. Kirksville, Missouri 63501. The