students - boise school district

STUDENTS

© INDEPENDENT SCHOOL DISTRICT OF BOISE CITY

3000

of 1

Goals

The District’s goal is for all students to achieve their educational potential and become contributing

citizens. To be successful in this endeavor, the District must build a partnership of shared

responsibility with the student, the family and the community in establishing high expectations for

learning and behavior, coupled with a genuine concern for the respect, dignity, safety and welfare of

every student.

THE BOARD BELIEVES THAT

STUDENTS

ARE THE DISTRICT’S FIRST PRIORITY

Adopted:

6/2/97

Reviewed:

5/12/03, 5/08/06

Revised:

7/1/00

1/23/09, 2/22/12

3/12/15

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Student Enrollment

Enrollment Age

All children wishing to enroll in kindergarten must be five years old on or before September 1 of the school year in which the child enrolls. For a child wishing to enroll in first grade, the child must be six years old on or before September 1 of the school year in which the child enrolls. A five-year-old child who has completed a private or public out-of-state kindergarten for the required 450 hours, but has not reached the “school age” requirement shall be allowed to enter the first grade. For resident children with disabilities who qualify for special education and related services under IDEA (Individuals with Disabilities Education Act) and subsequent amendments thereto, and applicable state and federal regulations, “school age” shall begin at the age of three and may continue through the semester in which the student turns 21 years old or receives a regular high school diploma by completing requirements comparable to regular graduation requirements. Enrollment Requirements

A certified copy of the student's birth certificate or other reliable proof of a student's identity and birth date must be provided to the school. If other reliable proof is provided, rather than a birth certificate, that proof shall be accompanied by an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of a student's identity and birth date may include a passport, visa or other governmental documentation setting forth a child's identity. If a birth certificate or other reliable proof is not immediately provided, a District official shall notify the parent/guardian in writing that such documentation is required within 30 calendar days. Upon the failure of the person enrolling the student to comply with the proof of age and identification requirement, the school shall immediately notify the local law enforcement agency of such failure, and shall notify the person enrolling the student, in writing, that he or she has ten (10) additional days to comply. The school shall immediately report to the local law enforcement agency any documentation or affidavit received pursuant to the above cited paragraph which appears inaccurate or suspicious in form or content. If a school in which a child is currently enrolled receives notification by the Department of Law Enforcement of a missing or runaway child report regarding a particular child, the school shall flag the record in a manner that whenever a copy of or information regarding the record is requested, the school shall be alerted to the fact that the record is that of a missing or runaway child. The school shall immediately report any request concerning flagged records or knowledge as to the whereabouts of the missing or runaway child to the local law enforcement agency. Theflag on a child’s record shall be removed by the school upon notification by the Department of Law Enforcement. Processing Enrollment Students entering from non-accredited programs must provide complete records of their academic

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history. Students may start school after completing tests and other evaluation measures which are administered by the District for placement purposes. The principal or designee may require students who do not take placement tests to wait up to two school days after applying for enrollment to start attending school. Students Experiencing Homelessness The principal or designee is legally required to enroll and have in attendance students experiencing homelessness within one full day of an attempt to enroll. Adopted: 6/2/97 : Reviewed: 7/14/03, 5/8/06 Revised: 7/1/00, 7/14/03 1/23/09, 2/17/10 7/1/06 2/22/12, 3/12/15 7/1/10(3/22/10)

Cross Reference: Dual Enrollment #3112 Open Enrollment #3113, 3113P Foreign Exchange Student #3114, 3114BP I-20 Foreign Student Admission #3115

Legal Reference: IC 18-4511 School Duties

IC 33-201 School Age IC 33-1403 Transfer of Pupils 20 U.S.C. Ch. 33 Secs. 1400-1485 and Sec. 1491 34 C.F.R. Part 300

Handbook Reference: Secondary Student Planner

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Dual Enrollment

The Superintendent or designee shall allow the parent/guardian of a child of school age who is

enrolled in a nonpublic school or a public charter school, but resides within the boundaries of the

Boise School District to dual enroll the student for District programs and/or activities in accordance

with the provisions of this policy.

Admission

Prior to entering a program or activity, a dually enrolled student must comply with all admission

policies and procedures, including but not limited to the Attendance Zones Policy #3130. Except in

unusual or extenuating circumstances, a dually enrolled student may only enroll in a grade which is

age appropriate for that student.

Transportation

Parents/guardians are responsible for transporting students accepted under dual enrollment. If

bus space is available, dual enrollment students may be transported from an appropriate,

established bus stop within the District’s boundaries.

Interim Periods

If a dually enrolled student is dual enrolled in classes or activities which are not contiguous in time,

the student shall attend a supervised activity when directed by the administration. The primary

education provider shall have responsibility for supervision of the student (if requested by the

administration) during times when the student is not attending a school-directed activity. Upon

completion of the last public school program or activity in which said student is enrolled, the

student shall leave the school premises. Any transportation needs for such students during the

school day not provided for otherwise under this policy shall be the sole responsibility of the

student and his/her parents or guardian.

Class Size/Disenrollment

Pursuant to Idaho Code Section 33-203(1), if enrollment in a specific class or program reaches the

maximum for the program, priority for enrollment shall be given to the student who is enrolled full-

time in the public school. The dually enrolled student may not be disenrolled to provide space for a

full-time student during the semester. Regular full-time students will be given priority for

enrollment at the start of each semester.

School Rules, Procedures, and Policies

A dually enrolled student shall be subject to District policies, procedures, and school rules when

he/she is on any school premises or at any school sponsored activity, regardless of location. With

just cause and adherence to District policies, procedures, and school rules, a principal or designee

may deny a dually enrolled student’s attendance at any activity or program for which that student

is dual enrolled.

A dually enrolled student shall be subject to the same or similar prerequisites or eligibility

standards for a program or activity which are required of public school students. The District may

prepare and administer tests (testing for equivalency for the prerequisites), the successful

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completion of which may be substituted as a prerequisite in lieu of taking other courses. A dually

enrolled student may meet eligibility standards for activities if he/she achieves an average or above

average score on a test utilized by the state or District.

Fees for Dual Enrollment of Charter School Students

If space is available in an existing District program or activity, the Superintendent or designee will

only charge the dually enrolled student those fees that are required of public school students.

The Superintendent or designee has the authority to determine the rates and the terms of the

contract.

DEFINITIONS

Dual Enrollment: refers to 1) a nonpublic student who is legitimately enrolled in a private,

parochial, home school or at a post-secondary institution or 2) a public charter school student who

has not graduated from high school. The student is also dually enrolled in a District school through

attainment of the criteria outlined within this policy.

Nonpublic Student: any student who receives educational instruction outside a public school

classroom. Such instruction can include, but is not limited to, that provided in a private or home

school.

Primary Education Provider: that person or entity providing the majority of the public charter

school student’s or the nonpublic student’s educational instruction outside the public school’s

programs or activities.

Program and Activity: shall include any regularly scheduled course of study, any regularly

scheduled interscholastic activity recognized or sanctioned by the Idaho High School Activities

Association, or any school related activity.

On District premises or at any District sponsored activity, regardless of location: shall

include, but not be limited to buildings, facilities, and grounds on the District campus, school buses,

District parking areas; and the location of any District sponsored activity. This includes instances in

which the conduct occurs off the District premises but impacts a District-related activity.

Adopted: 6/2/97 Reviewed: 8/11/03, 5/8/06 Revised:

7/1/00

1/23/09, 2/22/12 7/9/01(3/12/01)

3/12/15 7/14/03, 7/1/06

7/1/12(4/9/12)

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Cross-Reference: Postsecondary Dual Enrollment #2121

Credit Acceptance #2330

Field Trips #2540

Student Enrollment Policy #3110

Attendance Zones #3130

Extracurricular and Co-Curricular Activities #3500

Idaho High School Activities Association #3571

Student Qualifications for Transportation #8110

Legal Reference: IC 33-203 Dual Enrollment

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Open Enrollment

The Board recognizes the desire of some parents/guardians to enroll their children in a school

which is other than their residence school either within or outside the District. In addition, the

Board believes that the needs of neighborhood school students should be considered along with the

needs of those requesting the transfer. To the extent possible, the Superintendent or designee will

attempt to balance these desires and needs.

Transportation

Parents/guardians are responsible for transporting students to and from school or to an

appropriate, established bus stop within the District’s boundaries.

IHSAA Varsity Sports/Activities

A student who plans to participate in a varsity sport and/or activity governed by the Idaho High

School Activities Association (IHSAA) should review IHSAA rules prior to submitting an open

enrollment application form. Certain school transfers will lead to a student being ineligible to

participate at the varsity level for one calendar year (365 days).

Application/Approval Process

Open enrollment applications will be available and may be submitted at any time throughout the

year. However, those applications submitted by the dates indicated in the procedure will receive

first consideration for open enrollment in the indicated grade.

In situations where openings are limited and applicants have met the prescribed deadlines, the

Superintendent or designee may give priority to certain students. Priorities for initial Open

Enrollment or continuation of Open Enrollment include, but are not limited to the following:

1. Students who were enrolled the prior year under Open Enrollment at the requested school

and reside within the District boundary, but outside the attendance area, and whose

siblings attend the school.

2. Students residing in the District boundary, but outside the attendance area within 1.5 miles

of the school in which they are applying to open enroll.

3. Students residing in the District boundary, but outside the attendance area

4. Students whose parents are employed by the District.

5. Students residing outside of the District boundary, whose sibling(s) attend the school.

6. Students residing outside of the District boundary.

The Superintendent or designee may deviate from the above priorities in order to take into

consideration unique circumstances or extraordinary factors.

The priorities listed above are in order of consideration for openings in space-limited schools.

Vacancies will be filled until there are more applications than available vacancies in a category, and

then a transparent lottery may be held for the applications in that category in order to fill

remaining vacancies.

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Applications received after the deadlines will be considered based on space availability at the

receiving school.

The Superintendent or designee may deny an open enrollment request when such enrollment

would have a negative impact on the efficient use of District resources. The Superintendent or

designee may set numerical limits defining hardship for schools, grade levels, or programs to

provide for appropriate and efficient use of facilities and staff.

Revocation of Open Enrolled Status

The District reserves the right to remove an open enrolled student at any time because of

unacceptable behavior, false or misleading information on the open enrollment application, lack of

academic progress, poor attendance, issues with late drop-off and/or pick-up time, or other

circumstances which interfere with the learning environment as determined by the Superintendent

or designee.

The Superintendent, principal, or designee shall inform the parent/guardian of behavior that

jeopardizes the student’s status at the transfer school. If a student’s open enrollment is revoked,

the parent/guardian may request an administrative review by the Council of Directors. The

decision of the Council of Directors is final.

Student Rights and Responsibilities

Due process for all students remains the same regardless of what school they attend within the

District, and regardless of where the student resides once accepted under the open enrollment

policy.

Preventing or Recruiting Potential Open Enrollment Students

The District will take no action to prohibit or prevent application by its students to attend school in

another school district or to attend another school within the District. In no case is an employee of

the District to recruit students outside of their attendance area. Discipline for violation of this

policy may involve actions up to and including dismissal.

DEFINITION

School Days: include only those days when school is in session.

Appropriate: A bus stop will be considered “appropriate” under the following limitations:

• No buses will be added, no stops will be added, and no routes will be altered in order to

accommodate dual enrollment or open enrollment students.

• The bus servicing the stop must have space available without overcrowding other eligible

students. A bus will be considered to be too full to accept dual enrollment or open

enrollment students under the following circumstances:

Elementary – Average count exceeds 60 students OR high count exceeds 67 students

Secondary – Average count exceeds 45 students OR high count exceeds 53 students

Transportation for dual enrollment or open enrollment students will not be provided at the

beginning of each school year until a determination can be made whether or not space is available

on a particular bus.

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Adopted:

2/10/03

Reviewed:

5/12/03, 5/8/06

Revised:

7/1/06, 8/11/08

7/14/08, 1/23/09 8/8/11, 1/23/12

7/5/11, 12/5/11 1/23/15(1/12/15)

12/11/14 3/9/15

Cross Reference: Enrollment #3110

Idaho High School Activities Association #3571


Legal Reference: IC 33-512 Governance of Schools

IC 33-1401 Definitions

IC 33-1402 Enrollment Options


Handbook Reference: Elementary Student Planner

Secondary Student Planner

Reference: Open Enrollment Application and Contract

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Open Enrollment Procedure

The Board recognizes the desire of some parents/guardians to enroll their children in a school

which is other than their residence school either within or outside the District. In addition, the

Board believes that the needs of neighborhood school students should be considered along with the

needs of those requesting the transfer. To the extent possible, the Superintendent or designee will

attempt to balance these desires and needs.

Submitting the Form

A. Varsity Sport/Activity Participation - A student who plans to participate in a varsity sport

or activity governed by the Idaho High School Activities Association (IHSAA) should

review IHSSA rules prior to submitting an Open Enrollment Application. Certain school

transfers will lead to a student being ineligible to participate at the varsity level for one

calendar year (365 days).

B. Open Enrollment Application forms are available at any Boise District school or web site.

Open Enrollment Applications may be submitted at any time throughout the school year.

C. Students who reside in the District and move out of their school attendance zone during

the school year must annually initiate an Open Enrollment request to stay in their school.

D. For students who reside in the Boise District, the parent/guardian must initially complete

the Open Enrollment Application form and there after annually complete the Open

Enrollment Continuation Form. These forms must be submitted to either the principal of

their attendance area school (home school) or the principal of the requested school. The

principals will follow the process outlined under Review Approval Process. A.

E. For students who reside outside the Boise District boundary, the parent/guardian must

initially complete the Open Enrollment Application form and there after annually

complete the Open Enrollment Continuation Form. These forms must be submitted to the

principal of the school they wish to attend (receiving school) or are currently attending if

a continuation. The principal will follow the process outlined under Review Approval

Process. B.

Application Deadlines

Open enrollment applications will be accepted at any time throughout the year. However, those

applications submitted by the dates indicated below will receive first consideration for open

enrollment in the indicated grade.

Applications For: Deadline:

Elementary Feb. 1st of the preceding school year.

Seventh grade May 15th of the fifth grade year.

Eighth and Ninth grade Feb. 1st of the preceding school year.

Tenth grade May 15th of the eighth grade year

Eleventh and Twelfth grade Feb. 1st of the preceding school year.

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Applicants meeting the above deadlines will generally receive notification of their open enrollment

status by April 1st.

Enrollment Priorities

In situations where openings are limited, the Superintendent or designee may give priority to

certain students. Priorities for initial Open Enrollment or continuation of Open Enrollment may

include, but are not limited to the following:

1. students who were enrolled the prior year, under Open Enrollment at the requested school

and reside within the District boundary, but outside the attendance area, whose siblings

attend the school;

2. Students residing in the District boundary, but outside the attendance area within 1.5 miles

of the school in which they are applying to open enroll.

3. Students residing in the District boundary, but outside the attendance area

4. students whose parents are employed by the District;

5. students residing outside of the District boundary, whose siblings attend the school; and

6. students residing outside of the District boundary.

The Superintendent or designee may deviate from the above priorities in order to take into

consideration unique circumstances or extraordinary factors.

The priorities listed above are in order of consideration for openings in space-limited schools.

Vacancies will be filled until there are more applications than available vacancies in a category then

a transparent lottery may be held for the applications in that category in order to fill remaining

vacancies.

Applications received after the deadline will be considered based on space availability at the

receiving school.

Restrictions

Factors which may cause an Open Enrollment Application to be denied include:

1) a school, grade, or program(s) has lack of available space and/or staff;

2) the current enrollment:

Special Education Self-Contained An average of 6 students per classroom

English Language Learners (ELL) 20 per full-time ELL teacher

Alternative Schools 12 students per classroom

3) the student has been suspended or expelled from school;

4) the student has a history of documented disciplinary infractions within the past 3

years; or

5) information on the Open Enrollment Application has been misrepresented or was

incomplete.

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Approval Process

A. In-district approval process:

1) Parent/guardian completes the open enrollment application form annually and

submits it to either the home school or requested school principal.

2) The principal who initially receives the open enrollment application form

completes the appropriate section and sends the form to the other principal. The

principals of both the home school and requested school make a recommendation

regarding the application.

3) After both principals (home school and requested school) complete the

appropriate section of the Open Enrollment application form, the form is sent to

the Director of the receiving school.

4) The Director approves or denies the Open Enrollment request by completing the

appropriate section of the Open Enrollment Application form.

5) The applicants sign the Open Enrollment Contract.

B. Out-of-district approval process:

1) A receiving school principal makes a recommendation to approve or deny the

transfer by completing the appropriate section of the Open Enrollment

Application form.

2) The receiving school principal sends the form to his/her director.

3) The Director approves or denies the Open Enrollment request by completing the

appropriate section of the Open Enrollment Application form.

4) The applicants sign the Open Enrollment Contract.

Parent Notification

A. The letter approving the request will inform the parents of the following:

1) Parents must provide transportation to school or to an appropriate, established

District bus stop;

2) Inappropriate behavior, lack of academic progress, or poor attendance, may be

grounds for removing the student from the school to which he/she is open

enrolled during the school year.

3) Special Education students, English Language Learners (ELL) and alternative

school students must meet the requirements and the procedures established for

those programs.

B. If the request for open enrollment is denied, the denial will include a written explanation.

If the application is denied because open enrollment capacity has been reached at the

school of choice, the denial may include information about other schools that are below

capacity.

Revocation of Open Enrolled Status

A. The District reserves the right to remove an open enrolled student at any time because of

unacceptable behavior, false or misleading information on the open enrollment

application, lack of academic progress, poor attendance, issues with late drop-off and/or

pick-up time, or other circumstances which interfere with the learning environment as

determined by the Superintendent or designee.

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B. The principal or designee shall inform the parent/guardian of the circumstances which

jeopardize the student’s status at the transfer school.

C. If a student’s open enrollment is revoked, the parent/guardian may request an

administrative review by the Council of Directors. The parent/guardian must request the

review within five (5) school days of receiving notice that their child’s transfer has been

revoked.

D. The area director of the school in which the child has been open-enrolled must render the

decision of the Council of Directors to the parent/guardian within five (5) school days of

the request for review. This decision of the Council of Directors is final.

Student Rights and Responsibilities

Due process for all students remains the same regardless of what school they attend within the

District and regardless of where the student resides once accepted under the open enrollment

policy.

Preventing or Recruiting Potential Open Enrollment Students

The District will take no action to prohibit or prevent application by its students to attend

school in another school district or to attend another school within the District. In no case is an

employee of the District to recruit students outside of their attendance area. Discipline for

violation of this policy may involve actions up to and including dismissal.

DEFINITION

School Days: include only those days when school is in session.

Appropriate: A bus stop will be considered “appropriate” under the following limitations:

• No buses will be added, no stops will be added, and no routes will be altered in order to

accommodate dual enrollment or open enrollment students.

• The bus servicing the stop must have space available without overcrowding other eligible

students. A bus will be considered to be too full to accept dual enrollment or open

enrollment students under the following circumstances:

Elementary – Average count exceeds 60 students OR high count exceeds 67 students

Secondary – Average count exceeds 45 students OR high count exceeds 53 students

Transportation for dual enrollment or open enrollment students will not be provided at the

beginning of each school year until a determination can be made whether or not space is available

on a particular bus.

Adopted:

2/10/03

Reviewed:

5/12/03, 5/8/06

Revised:

7/1/06, 8/11/08

7/14/08, 1/23/09 8/8/11, 1/23/12

7/5/11, 12/5/11 1/23/15(1/12/15)

12/11/14

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Foreign Exchange Students

The Board believes there are benefits to students, schools, and to the community in general when

foreign exchange students are allowed to attend the public schools. Therefore, it is the policy of the

Board that foreign exchange students be permitted, under certain conditions, to enroll in the school

system.

1. A foreign exchange student is defined as a student from a foreign country studying in the

United States under the sponsorship of an exchange organization. Approval will be made

only for those students who are sponsored by exchange organizations which have Teenager

Exchange Visitor Programs designation as listed by the United States Information Agency

and/or the Council on Standards for International Educational Travel (CSIET) and are in full

compliance with the regulations of the Student Exchange and Visitor Information System

(SEVIS) of the Department of Homeland Security.

2. The Boise School District will pay the necessary fees and provide all pertinent information

to the Student Exchange and Visitor Information System (SEVIS) of the Department of

Homeland Security in order to become certified to accept foreign students.

3. The organization must have a local volunteer sponsor.

4. A ratio of one (1) foreign exchange student to one hundred (100) regular students will be

used to determine the number of students placed. Any exception to this standard must be

approved by the building principal.

5. The District will follow the regulations for exchange programs as defined by Student

Exchange and Visitor Information System (SEVIS) of the Department of Homeland Security,

United States Information Agency and/or the Council on Standards for International

Educational Travel (CSIET).

6. Any exchange student program wishing to place students in the District must submit an

application and gain approval prior to the placement of any student(s).

7. Sponsoring organizations shall provide all necessary information pertinent to the exchange

student who is planning to attend school in this district.

8. The exchange student will be expected to follow all rules, procedures, policies, and fees

required of regular resident students.

9. The District reserves the right to deny admittance to any exchange student or exchange

student program.

10. Only those foreign exchange students who complete all of the District’s requirements will be

entitled to a high school diploma and be eligible to participate in the graduation ceremony.

DEFINITION:

Foreign Exchange Student: is an international exchange student, holding a J-1 visa, visiting the

United States and attending local schools through the sponsorship of an exchange program. This

category does not include students who hold F-1, F-2, or M-1 visas.

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Adopted: 6/2/97

Reviewed:

5/12/03, 5/8/06

Revised:

7/1/00, 9/08/03

1/23/09, 2/22/12 7/01/06

3/12/15

Cross Reference: Student Enrollment #3110

Tuition Paying Foreign Student Admission #3115

Legal Reference: IC 33-506 Organization and Government of Board of Trustees(1)

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Foreign Exchange Students Procedure

1. Each organization will submit a letter of intent to place students in the Boise School District

with the principal or designee no earlier than January 1st of the year of placement.

2. Each organization will be required to complete one questionnaire and submit it to the

Administrator of Student Services at the District Services Center no later than March 1st.

Selection will be based on the degree to which the organization:

• has full listing in the most current U.S. Information Agency or CSIET Advisory List;

• is identified as a not-for-profit organization;

• has an active local organization with non-paid volunteers;

• provides local orientation for host families and students;

• has a record of support for the students and assistance to the schools with their

program; and,

• sends students from the Boise District to other countries and provides scholarship

support, when needed.

The Superintendent or designee will notify the organization of its approval status by March

15th.

3. Each organization that has been approved shall notify the appropriate school of the

following, no later than May 1st:

• the name, country, grade level and date of birth of the exchange student;

• the name, address and phone number of the host family who must live in the

attendance area of the school in which placement is requested; and

• the high school authorization form from the exchange organization.

4. Organizations shall have the responsibility to contact principals or designees for

information about remaining openings between May 1st and June 15th.

5. After approval by the principal or designee, and no later than June 15th, each organization

will submit to the principal or designee the following information:

• name and address of the local representative for the organization;

• an English-translated transcript for each candidate, indicating grade placement;

• previous coursework;

• a record of medical history, including a recent physical exam with proof of required

immunizations and any medical/physical limitations; and

• a record of English proficiency. Record of English proficiency is defined as: (1) a

transcript verifying attendance at a school where all classes are taught in English; (2)

Written evidence that the student attained a score of 450 or better on the Test of

English as a Foreign Language (TOEFL), or a score of 39 - 44 on the Secondary Level

English Proficiency Test (SLEP); or (3) other verification of English competency

approved by school officials.

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Foreign exchange students who are attending school for only the second semester must

have this information submitted (10) ten days prior to the opening of second semester.

6. Foreign exchange students will be entered only at the beginning of a semester, and

enrollment will be for no less than a semester and no more than two (2) consecutive

semesters. Foreign exchange students should not expect to receive any free services from

the District, i.e., yearbooks, activity cards, lunches, ski passes, etc. These students shall not

be entitled to a high school diploma or be eligible to participate in graduation ceremonies

unless they have fulfilled all District requirements.

7. Counselors will enroll approved foreign exchange students in six (6) classes each semester

which should include:

One (1) - Language Arts

One (1) - Social Studies

Two (2) - Academic classes, e.g.: math, science, foreign language

Two (2) - Academic and/or elective areas

8. Foreign exchange students are expected to participate in classes as regular high school

students. Foreign exchange students will not be enrolled on a non-credit or audit basis.

They are required to take the examinations and do the work required by the teachers of the

classes in which they are enrolled.

9. Foreign exchange students will comply with the District’s attendance and discipline policies.

10. If a foreign exchange student wishes to receive a regular diploma from a Boise District high

school, he/she must complete all graduation requirements. This includes submission of an

official transcript translated into English of credits already completed. The translated

transcript from the home country will be evaluated along with classes taken here in the

United States.

11. Sponsors and/or organizations who do not consistently screen and monitor foreign

exchange students and host families may lose the privilege of placing students in the Boise

School District.

12. After a four (4) to five (5) week adjustment period, the principal or designee should notify

the local sponsor if a foreign exchange student is not achieving or has not reached

acceptable proficiency in English. It will be the responsibility of the sponsoring organization

to provide tutors and/or whatever necessary assistance is required to help the foreign

exchange student meet acceptable standards. If these standards are not met, the foreign

exchange student will be disenrolled.

Adopted:

6/2/97

Reviewed:

5/12/03, 5/8/06

Revised:

7/1/00, 7/1/06

2/16/09, 2/22/12 7/1/09(3/09/09)

3/12/15 7/1/15(5/11/15)

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Tuition-Paying Foreign Student Admission

In compliance with federal laws and regulations, the Board places the following restrictions on

foreign students in F-1 immigration status:

• Must be in full compliance with the regulations of the Student Exchange and visitor

Information System (SEVIS) of the Department of Homeland Security;

• Prohibits their attendance in public elementary schools (grades K through 8) or publicly-

funded/adult education programs;

• Limits their attendance in public high schools (grades 10 through 12) to a maximum of 12

months; and

• Requires them to re-pay the District for the full, unsubsidized per capita cost of education

for the intended period of study. The Board shall not grant waivers.

This policy does not affect foreign students in any other immigration status. Example - exchange

students (who hold J-1 status); F-2 students (dependents of F-1 students); or students whose

parents are here as diplomats, researchers or foreign workers are unaffected by this policy.

Foreign students requesting enrollment through an F-1 Visa must pay tuition for each month of

attendance before the I-20 is issued.

DEFINITION

I-20 Foreign Student Certificate: is certification that a student: 1) is or is expected to be a student,

2) meets any admissions requirements, 3) will pursue a full course of study, and 4) is proven to

have enough money to study and live in the U.S. without working illegally or suffering from poverty

(pays tuition in advance). Once the I-20 is granted, students receive F-1 status which allows them

to remain in the U.S. as long as they are registered students.

F-1 Visa: a document that allows someone from another country to enter the US as a student.

Adopted:

8/10/98

Reviewed:

5/21/02, 5/8/06

Revised:

9/08/03

7/1/12(4/9/12)

1/23/09, 2/22/12

3/12/15

Cross Reference: Student Enrollment #3110

Foreign Exchange Students #3114, 3114BP

Legal Reference: Illegal Immigration Reform and Immigrant Responsibility Act

of 1996, Section 625

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Compulsory Attendance

Every child who has attained the age of seven years and is under the age of 16 is required to attend

public school with such exceptions as provided by law.

Adopted:

6/2/97

Reviewed:

5/12/03, 5/8/06

Revised:

1/23/09, 2/22/12

3/12/15

Legal Reference: IC 33-202 School Attendance Compulsory

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Attendance - Absences and Tardies

School Attendance Philosophy

Students, parents, and educators recognize the importance of attendance and punctuality at school.

Key reasons for regular and punctual attendance are educational benefits, safety of students,

success that builds self-esteem and employability.

Educational Benefits - Regular attendance assures that students stay current in academic

skills, personal management skills, and teamwork skills.

Safety of Students - Parents and educators are concerned about the safety of their students.

The intent of this policy is to have both parents and District officials aware of where

students are during school hours.

Success That Builds Self-Esteem - Students must be present in order to experience success

and to build self-esteem. Further, each student’s presence enhances the success of the

entire class.

Employability - Punctuality and attendance are listed among the five most important skills

for employment by employers. Developing these skills is critical whether students plan to

work during the school year, immediately after graduation, or after college.

Excused Absences

Absences from school with the knowledge and approval of a student’s parent/guardian are excused

absences, but such absences are counted toward the maximum of nine (9) absences allowed per

semester. In order for an absence to be excused, oral or written communication from the student’s

parent/guardian should be received within 48 hours of the last day of the absence, except for

school approved activity absences.

Activity Absences

An activity absence is an absence for school approved programs in which classes will be missed and

is considered to be an excused absence. No more than five (5) activity absences per semester will

be allowed unless exceptions are made by the principal or designee. School approved activity

absences are not counted toward the maximum of nine (9) absences.

Make-up work

Make-up work is allowed for students with any type of an absence. However, unexcused

absences/truancies are subject to a reduction on any grades earned. The classroom teacher will

provide the student or the parent/guardian who requests make-up work with the information

necessary to complete the make-up work, which may include:

a. a list of pages covered during the absence;

b. information about assignments or special projects; and

c. a copy of all handout materials given during the absence.

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In 7th - 12th grade, the principal or designee may require that the student be absent up to three (3)

days before make-up work is sent home.

A student will be allowed two (2) days for each day of absence to make up new material - not to

exceed six (6) school days from the date of the absence unless exceptions are made by the

principal/designee.

Except in extenuating circumstances, assignments, tests, term papers and long range projects which

were announced prior to the students' absence are due on the day that the student returns to

school. The Board grants authority to teachers to make exceptions to this policy particularly in

cases of term papers or long range projects as long as students are informed of the different

requirements at the beginning of the assignment.

Except in extenuating circumstances, the Board does not allow students to take final exams early.

Unexcused Absences/Truancies

Absences without the consent of the student’s parent/guardian or District officials are unexcused

absences/truancies. Such unexcused absences include departure from school or class during the

school day without the permission of District officials. Unexcused absences are counted toward the

maximum of nine (9) absences and may be applied to a Board determination of habitual truancy.

Any absence from one or more class periods without an oral or written excuse from the student’s

parent/guardian within 48 hours may be considered an unexcused absence/truancy.

Discipline for a student who consistently has unexcused absences/truancies may involve actions up

to and including suspension, expulsion or disenrollment.

A student in seventh (7th) – twelfth (12th) grade with unexcused absences/truancies may also lose

credit. Unexcused absences/truancies may also affect a student’s appeal rights for loss of credit

regarding extraordinary circumstances under the 90% attendance policy.

Saturday and Afternoon School

Saturday/Afternoon School can be required by a principal or designee as a disciplinary measure. A

student can be required to attend school on Saturday or Afternoon School, during particular hours,

and will be required to work on class assignments. If a student is required to attend

Saturday/Afternoon School and fails to go, the student may be suspended by the principal or

designee and/or may lose class credit.

Tardies

A student is tardy if he or she is not in the assigned classroom when the bell rings. Tardies which

are caused by a late bus, either District or city bus, shall not be counted on the student’s record.

The principal or designee may also excuse student tardies because of inclement weather or other

extenuating circumstances.

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Grades 7 – 12 students who are more than twenty (20) minutes late are considered absent instead

of tardy. However, if a District official determines that a student is willfully more than 20 minutes

late for class to prevent another tardy or for other reasons, the absence may be considered an

unexcused absence/truancy.

Grades 7 - 12. The student’s parent/guardian will be notified, in writing, of the 4th, 5th and 6th

tardies during each semester. The notice of the 6th tardy will inform the parent/guardian:

1. the student is assigned to Saturday School or a similar consequence;

2. the result of a student’s failure to complete the consequences set forth in the notice;

3. loss of credit will occur if the student is tardy a seventh time. A 7th tardy will result in

loss of class credit unless it is successfully appealed.

Grades Kindergarten-6. Tardiness at the elementary level (K-6) will be dealt with on an

individual basis.

Attendance Requirements

All students are required to be in attendance at school at least ninety (90) percent of the time

school is in session during each school semester. Students may be denied promotion to the next

grade or denied credit for a class if they are not in school at least ninety (90) percent of the days

that school is in session. Absence from class for any reason, including family convenience, shall be

counted when the percentage of attendance and consequent eligibility for promotion or credit is

being considered. Except in extraordinary cases, students are expected to be present at school and

in their assigned grade or subject.

Excessive absences between the ages of 7-16 may result in the initiation of an Attendance Court

hearing and/or filing, pursuant to Idaho Code 33-207, for a hearing regarding the student’s habitual

truancy status.

Notification of Absences and Discipline

Grades 7-12. When a student, in grades 7 through 12, exceeds nine (9) absences in any class

during a semester, excluding approved activity absences, credit may be denied for that

particular class. Parents/guardians will be notified in writing of the 5th, 8th, and 10th absences

from class during a semester. The notice of the 10th absence will inform the parent/guardian

of the loss of credit, and include the appeal rights to challenge the loss of credit.

Grades Kindergarten-6. Students in grades K - 6 who exceed nine (9) absences in a semester

will be dealt with on an individual basis and may be denied promotion to the next grade level. A

parent/guardian will receive notification prior to his/her student exceeding the limit.

Grounds for an Appeal

Those students, who have valid reasons to believe that all or part of their absences is the result of

extraordinary circumstances, may request a review of their case following the attendance appeal

process set forth below. Extraordinary circumstances may include, but are not limited to, verified

illness or medical treatment, death in the family or death of close friends, and medical or dental

professional appointments.

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Attendance Appeal Process

If a parent/guardian wishes to appeal: 1) loss of credit or 2) a denial of promotion to the next grade

due to the 90% attendance requirement, truancies, or the number of tardies, the following policy

applies:

1. A student in grades 7-12 may remain in class until the appeal process is completed.

2. The parent/guardian has five (5) school days from the date the notification violating the

90% attendance requirement is mailed to appeal the loss of credit or denial of promotion.

3. The appeal process starts with an informal hearing with the principal or designee. An

adverse decision may be appealed to the following persons in this order: appropriate Area

Director, then the Council of Directors. In each instance, the parent/guardian and student

has the right to explain and provide evidence that the absences were reasonable and that

credit should not be denied or that a student should not be determined to be a habitual

truant. The parent/guardian and student do not have the right to be represented by an

attorney.

The Council of Directors’ decision is final.

DEFINITIONS:

Director: an individual who is responsible to the Superintendency for the character and quality of

the total educational program in his/her assigned area of the District.

Council of Directors: refers to a body that is composed of the District’s directors acting in their

capacity as an appeal panel.

Habitual Truant: any child whose parent/guardian has failed or refused to cause such child to be

instructed as provided in Idaho Code.

Adopted: 6/2/97 Reviewed: 5/12/03, 5/10/04 Revised: 7/14/00

5/8/06, 3/17/09 7/15/03(5/12/03)

2/17/10, 2/22/12 7/1/04(5/10/04)

3/12/15 7/1/06(5/8/06)

7/1/09(6/8/09)

7/1/10(3/22/10)

7/1/12(4/9/12)

7/1/15(5/11/15)

Cross-Reference: Make-up Work #2621

Promotion, Advancement and Retention #2614

Attendance for Driving Privileges #3140

In-School Detention, Suspension, & Expulsion #3273

Legal Reference: IC 33-202 School Attendance Compulsory

IC 33-506 Organization and Government of Board of Trustees

IC 33-512 Governance of Schools



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Attendance Areas

The Board shall establish attendance areas for the regulation of school attendance to facilitate the

educational programs as efficiently as possible. The Superintendent or designee shall use the legal

residence of the student’s parent/guardian as a student’s designated attendance area.

The Board’s intent is to adhere as closely as possible to the neighborhood school concept in

establishing attendance areas. Typically, if a student enrolls in a school where a class size has

reached the recommended ratio as set forth in Board Policy #2331 Class Size, the student will be

overflowed to another appropriate school within the District. Bussing will be provided for all

overflowed students.

If the parent/guardian moves to a different attendance area, the student shall transfer to the

appropriate school unless an Open Enrollment application is submitted and approved.

Deviation from this policy may occur for:

• students with disabilities;

• English language learner students;

• students with permission to transfer; or

• students with other unique circumstances.

The Board shall periodically revisit the attendance areas of District schools, as deemed necessary.

Adopted:

6/2/97

Reviewed:

5/12/03, 1/23/09

Revised:

7/1/00, 4/22/02

2/22/12, 1/27/14 7/1/12(4/9/12)

3/12/15 2/10/14

Cross-Reference: Open Enrollment #3113 and #3113P


Legal Reference: IC 33-512 Governance of Schools



IC 33-1402 Enrollment Options



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Attendance for Driving Privileges

Any student, eighteen years old and younger, applying for a driver’s license or an instruction permit

must provide written verification from the District to the Idaho Department of Transportation that

he or she is enrolled in school and meets this district’s attendance requirements. Written

verification shall be obtained from the student’s school.

In the event a student fails to meet the enrollment and attendance requirement of this policy, the

principal or designee shall provide written notification on a form provided by the Idaho

Department of Education to the student and his/her parent/guardian of the District’s intent to

request that the Idaho Department of Transportation suspend the student’s driving privileges

because the student has dropped out of school and has failed to comply with the enrollment and

attendance requirements.

The student or parent/guardian shall have fifteen calendar days from the date of receipt of the

above-mentioned notice to request a hearing before the principal or designee for the purpose of

reviewing the pending suspension of driving privileges. The requested hearing shall be held within

thirty calendar days after the receipt of the request.

The principal or designee may grant a hardship waiver of the requirements of this policy for any

student for whom a personal or family hardship requires that the student have a driver’s license for

his/her own or his/her family’s employment or medical care. The principal or designee shall take

into account the recommendations of teachers, other District officials, guidance counselors or

academic advisors prior to granting a waiver. Such hardship waiver must be requested by the

student or the student’s parent/guardian at the initial hearing.

If the principal or designee denies a hardship waiver, that decision may be appealed to the Board

within seven calendar days of receipt of the principal’s or designee’s decision. The hearing before

the Board shall be held at a mutually convenient time. The Board shall have the authority to uphold

the decision of the principal or designee, or reverse the decision and grant the hardship waiver.

The District shall provide the following information to the Idaho Department of Transportation on

appropriate forms provided by the Idaho Department of Education:

1. The necessary verification that a student applying for a driver’s license or instruction permit

meets the requirements set forth in this policy at the request of a student;

2. A request that the Idaho Department of Transportation suspend a student’s driving

privileges because the student has dropped out of school and has failed to comply with the

District’s enrollment and attendance requirements;

3. The names of students granted or denied hardship waivers under this policy;

4. Written verification that a student is again in compliance with the requirements of this

policy;

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5. Reports setting forth the number of:

a. notifications issued of possible student drivers' license suspensions based on

nonattendance;

b. requests to the Idaho Department of Transportation to suspend a driver’s license; and

c. student drivers' licenses actually suspended.

Adopted:

6/2/97

Reviewed:

5/12/03, 5/8/06

Revised:

1/23/09, 2/22/12

3/12/15

Cross Reference: Attendance – Absences and Tardies #3121

Legal Reference: IC 33-211 Students’ Driver’s Licenses

IC 49-303 What Persons Shall Not Be Licensed

IC 49-303A Driver’s License or Permits Issued to Certain Persons

Under the Age of Eighteen Years

IC 49-305 Instruction Permits – Commercial Learner’s Permit –

Temporary Licenses – Motorcycle Endorsement

Instruction Permit

IC 49-310 Applications of Persons Under the Age of Eighteen

Years

IC 49-326 Authority of Department to Suspend, Disqualify or

Revoke Driver’s License and Privileges

Idaho Department of Transportation annual letter Wisconsin v. Yoder, 406 U.S. 205 (1972)

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Civil Rights Grievance

It is the policy of the District to provide a learning and working environment free from

discrimination and harassment. This Civil Rights Grievance Policy is provided as a method for the

expeditious processing of grievances and a means to eliminate unlawful discrimination or

harassment within the District.

Anyone who believes that he/she has been the recipient of illegal discrimination or harassment,

based on race, color, national origin, gender, religion, age, disability, political beliefs, sexual

orientation, or marital or family status may file a grievance in accordance with this policy.

Rights and Responsibilities

The Compliance Officer or designee shall receive grievances, actively and independently investigate

the merits of grievances, and assist the parties in resolving the grievances. The Compliance Officer

or designee may be used as a resource by any party at any level of procedures set forth in this

policy. The complaint must be filed by the grievant within one hundred and eighty (180) days of

disciplinary action.

This policy does not deny the right of a grievant to file formal complaints with other state or federal

agencies, (such as the Idaho Commission on Human Rights, 317 West Main Street Boise, ID 83735-

0660, phone: (208)334-2873, fax: (208)334-2664 or the U.S. Department of Education, Office for

Civil Rights, Seattle Office, Office for Civil Rights, U.S. Department of Education, 915 Second Avenue

Room 3310, Seattle, WA 98174-1099, phone: 206-607-1600, fax: 206-607-1601 or to seek private

counsel for complaints alleging discrimination or harassment.

Intimidation, harassment or retaliation against any person filing a grievance or any person

participating in the investigation or resolution of a grievance is a violation of law and constitutes

the basis for filing a separate grievance. District students, employees, or visitors shall not retaliate

against an individual who in good faith reports, associates with the individual reporting,

participates in the investigation, or investigates a grievance filed in accordance with this policy.

Any person engaged in retaliatory actions may be subject to disciplinary action as stated above.

All records compiled pursuant to the grievance shall be maintained by the District, separate and

apart from student records or personnel records, for a period of not less than three (3) years. In

sexual harassment cases, the records shall not be purged.

It is the policy of the District to process all grievances in a fair and expeditious manner.

Confidentiality will be maintained to the extent required by law.

A grievance will not be accepted or reviewed if it is submitted more than one hundred and eighty

(180) days after the alleged civil right violation, or from the date the grievant could reasonably

become aware of such occurrence.

Grievance Process - The following grievance steps shall be taken:

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Step 1: District official (Informal and optional - may be bypassed by grievant)

An individual with a grievance is encouraged to first discuss it with a District official with the

objective of resolving the matter promptly and informally. Employees with a grievance are

encouraged to first discuss it with their principal or immediate supervisor with the same objective.

However, grievances under this section should be discussed with the administrator, supervisor or

designee not involved in the alleged discrimination or harassment. All informal or verbal

complaints must be documented in writing by the grievant.

Step 2: The Compliance Officer

If the individual feels that the grievance was not satisfactorily resolved at Step 1, or if the individual

elects to bypass Step 1, he/she may file a written, signed statement of the grievance with the

Compliance Officer or designee. The statement must fully set out the following information:

1. the nature of the grievance;

2. the remedy requested; and

3. the signature of the grievant and the date.

Students should address grievances to the appropriate Director at the following address:

Director, Independent School District of Boise City

Edward L. Davis District Services Center

8169 W. Victory Road

Boise, ID 83709

Phone: (208) 854-4000

Individuals other than students should address grievances to:

Compliance Officer,

Independent School District of Boise City

Edward L. Davis District Services Center


Boise, ID 83709

Phone (208) 854-4000

The Compliance Officer or designee will notify the party who filed the complaint within a

reasonable timeframe that the complaint was received and is being processed.

The Compliance Officer or designee has the authority to investigate all written grievances. If

possible, the Compliance Officer or designee will resolve the grievance. If the parties to the

grievance cannot agree on a resolution, a written report of the investigation shall be prepared by

the Compliance Officer or designee which shall contain:

1. a clear statement of the allegations of the grievance and remedy sought;

2. a statement of the facts as contended by each of the parties;

3. a statement of facts as found by the Compliance Officer or designee and identification

of evidence to support each fact;

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4. a list of all witnesses interviewed and documents reviewed during the investigation;

5. a narrative describing attempts to resolve the grievance; and

6. the Compliance Officer or designee’s conclusion as to whether the allegations in the

grievance have merit.

If the Compliance Officer or designee believes the grievance is valid, the Compliance Officer will

recommend appropriate action to the Superintendent.

The Compliance Officer or designee shall complete the investigation and file the report with the

Superintendent within sixty (60) days after the written grievance was received. By mutual consent

of both parties, this time can be extended. A summary report shall be sent to the parties of the

grievance consistent with confidentiality requirements of federal and state law. Upon approval by

the Superintendent, the recommendation(s) of the Compliance Officer or designee shall be

implemented.

Step 3: Directors

If the Superintendent does not approve the recommendation(s), or either party is not satisfied with

the recommendation(s) by the Compliance Officer or designee, either party may make a written

appeal within ten (10) days of receiving the summary report of the Compliance Officer or designee

to a panel of Directors, and/or Supervisors or designees.

Within fifteen (15) days of receipt of the appeal, the panel shall review the Compliance Officer or

designee’s recommendation(s), and may hear and consider any additional information that may

exist regarding the allegations. If a Director has been involved in any of the previous steps, that

individual shall not participate in the review of the appeal.

Within ten (10) days of convening, the panel shall issue a decision regarding their findings. The

decision shall be submitted to the Superintendent and the parties of the grievance. Upon approval

of the Superintendent, the decision shall be implemented.

The decision of the Directors and the Superintendent, with regard to implementing the decision, is a

final decision and is not appealable, except that the grievant may, in writing, request that the Board

review the record of the grievance procedure to ensure that Board policy, as set forth in this

document, has been followed.

The grievant is not precluded from filing complaints at any time during or after the grievance

process with state or federal agencies listed above under Rights and Responsibilities.

Timelines

The timelines set forth in this policy may be waived at the discretion of the Compliance Officer or

designee if such waiver is determined to be in the best interest of the individuals involved.

The Compliance Officer will provide written notice to all parties of the reason for the waiver.

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Employee Actions

All employees of the District shall be responsible for acting in accordance with this policy.

Review and Prevention

The Superintendent or designee will review the grievance in relation to current District and/or

school policies and practices to determine if there are steps which the District should take to

prevent a recurrence of a similar type of discrimination or harassment.

Parent Notification

District employees processing discrimination or harassment reports may use professional

discretion to determine whether or not to notify parents or guardians of harassment/

discrimination involving their student, in order to protect the student’s well-being.

Objectivity

All investigators and decision makers are to remain objective in regards to each grievance. Any

personal affiliation shall be disclosed to the superintendent or designee prior to any actions taking

place.

DEFINITIONS

Director: is responsible to the Superintendency for the character and quality of the total

educational program in his/her assigned area of the District.

Day: a working day - the calculation of days in grievance processing shall exclude Saturdays,

Sundays, school holidays and school breaks.

District Official: includes, but is not limited to, teacher, school counselor, school nurse, coach,

activities director, principal, assistant principal, or District administrator.

Grievance: a complaint alleging a violation of any policy, procedure, or practice which would be

prohibited by Title VI, Title VII, Title IX, Section 504, the ADA, and other federal and state civil rights

laws, rules and regulations.

Grievant: a student, parent/guardian, employee or visitor of the District who submits a grievance.

Compliance Officer: designated to coordinate the District’s efforts to comply with equity

regulations and facilitate processing of grievances.





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Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01(3/12/01)

9/26/05(9/12/05)

7/1/06 (5/8/06)

7/1/13 (2-11/13)

7/13/15

Cross-Reference: Section 504 Hearing #3212

Bullying, Hazing and Harassment #3231

Sexual Harassment #3232

Parental Involvement #4210, #4210BP

Free and Reduced Price Meals #8211

Legal References: Americans with Disabilities Act - 42 U.S.C. 12101

Section 504 of the Rehabilitation Act - 29 U.S.C. 794

Title VI - 20 U.S.C. Section 2000d et seq.

Title VII - 42 U.S.C. Section 2000e et seq

Title IX - 20 U.S.C. Section 1680

Idaho Human Rights Act - Idaho Code 67-5901



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Section 504 Hearing

Purpose and Scope

An impartial hearing process is available to students and their parents to resolve differences

dealing with educational services available under Section 504 of the Rehabilitation Act (hereinafter

Section 504) when such differences cannot be resolved by less formal means. Students and their

parents are encouraged to use the district’s Civil Rights Grievance Policy #3211 for resolution of

differences whenever possible.

The District hearing procedures and procedural safeguards are set forth in Section 504 Hearing

Procedure #3212BP and apply to the identification, evaluation, or educational placement of a

student, as set forth in 34 C.F.R. (Code of Federal Regulations) 104.36. A student qualifies for a free

appropriate public education, including related services, under Section 504 if he/she has a physical

or mental impairment which substantially limits one or more major life activities.

Hearing Process

A Section 504 impartial hearing, which shall be closed to the public unless otherwise requested by

the parent/guardian, may be requested by the Superintendent or designee, or a parent of an

affected student on matters directly related to the following:

1. The identification or eligibility of a student as disabled under Section 504;

2. The evaluation procedures utilized with the student including a decision not to evaluate a

student; or

3. The educational placement and/or related aids and services recommended for the student

including any change in placement as a result of disciplinary action.

All requests for a hearing under this policy must:

1. Be submitted in writing addressed to the District’s 504 Compliance Officer.

2. Describe the specific nature of the dispute.

3. State the specific relief or remedy requested.

4. Contain any other information the District or parents believe is important to

understanding the dispute.

Decision of the Hearing Officer

A copy of the hearing officer’s findings of fact and decision shall be delivered to the District and the

parent/guardian within sixty (60) days from the date of the assignment of the hearing officer unless

a continuance has been granted.

The decision of the hearing officer is binding on all parties concerned. The aggrieved party has the

right to request a review of the hearing officer’s decision. The request must be filed in writing to the

Section 504 Compliance Officer.

DEFINITIONS:

Days: means calendar days.

Parents: means parents or legal guardians.

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Placement: means the program concerning the educational placement of the student.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/15/03(5/12/03)

7/1/04(5/10/04)

7/1/08(3/10/08)

7/1/12(4/9/12)

7/1/13(2/25/13)

7/1/15(5/11/15)

Cross Reference: Special Education Students #2210

Section 504 Students - #2211

Civil Rights Grievance #3211

Section 504 Hearing Procedure #3212BP


Disciplining Students with Disabilities - #3274


Legal References: 29 U.S.C. Chapter 16

34 C.F.R. Part 104



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Section 504 Hearing Procedure

The district has the responsibility to identify, evaluate, and provide appropriate educational

services to eligible students attending this district’s schools who have a physical or mental

impairment that substantially limits one or more major life activities so that they may receive a free

appropriate public education (FAPE) as required by Section 504 of the Rehabilitation Act of 1973

(Section 504).

The hearing procedures set forth in this procedure apply to the identification, evaluation, or

educational placement of a student who is identified as having a disability pursuant to Section 504.

Hearing Procedures

Within twenty (20) calendar days of the parents’ receipt of notice of the 504 Team’s decision, a

Section 504 impartial hearing may be requested by the parent/guardian of the affected student on

matters directly related to the school district’s decisions or actions regarding the following:

1. The identification of the student as disabled or eligibility of the student for services

under Section 504.

2. The evaluation procedures utilized with the student, including a decision not to evaluate

a student.

3. The educational placement and/or related aids and services recommended for or

provided to the student, including any change in placement as a result of disciplinary

action.

In the event a hearing has been held, or is pending, pursuant to the provisions of the Individuals

with Disabilities Education Act (IDEA) on any of the issues currently being alleged by the

parent/guardian, no hearing officer will be appointed, and no hearing will be held on like issues

pursuant to this policy. An IDEA hearing that is resolved by a decision or dismissed with prejudice

shall resolve any like issues for which a 504 hearing has been requested.

All requests for a hearing under this policy must:

1. Be submitted in writing and addressed to the district’s Section 504 Compliance Officer.

2. Describe the specific nature of the dispute.

3. State the proposed specific relief or remedy requested.

4. Any other information the parent/guardian believes is important to understanding the

dispute.

If the request does not include all of the required information, it may be returned to the grievant

within ten (10) school days of receipt by the Section 504 Compliance Officer with a request to

provide the missing information within five (5) school days from the date of receipt. The

remaining procedures will be suspended and the timelines will not run until the additional

information is received.

The Section 504 Compliance Officer will select an impartial hearing officer within fifteen (15)

calendar days of receipt of the request for a Section 504 hearing. The selected hearing officer will

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1. Be qualified to review school district decisions relating to Section 504.

2. Be impartial and unbiased.

3. Not be an employee of the school district.

The hearing procedure will be presided over and decided by the appointed impartial hearing

officer, but shall be limited as follows:

1. The hearing is limited to facts within two (2) years of the date the parents knew or

should have known about the alleged actions or facts that form the basis of their claims.

2. The hearing officer’s procedures will conform to the standard of “fundamental fairness.”

The Administrative Procedures Act (APA) and the Individuals with Disabilities

Education Act (IDEA) procedures shall not apply to the hearings.

3. The issues of the hearing will be limited to those specifically raised in the written

request for hearing.

4. The party requesting the due process hearing shall carry the burden of proving the

claims asserted.

The selected hearing officer will notify the parties in writing of the date of the hearing. The

parent/guardian and the school district will be given at least ten (10) calendar days notice of the

date of the hearing. The notice from the appointed hearing officer will contain:

1. A statement of the time, place, and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is being

held.

3. A statement of the availability of relevant records for examination.

4. A concise statement of the issues in dispute.

5. A statement setting forth the right of the student’s parent/guardian to participate in the

hearing procedure.

6. A statement of the right to be represented by counsel at the expense of each party.

All written correspondence will be provided in English and/or in the parent/guardian’s primary

language.

The hearing will be conducted and a written decision will be mailed by the hearing officer to all

parties within sixty (60) calendar days from the date of the hearing assignment. However, either

party to the hearing may request a continuance. The continuance may be granted by the hearing

officer upon a showing of good cause. Any continuance(s) granted by the hearing officer will extend

the time for rendering a final hearing decision for a period equal to the length of the continuance(s).

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The appointed hearing officer will preside at the hearing and will conduct the hearing proceedings

in a manner that allows all parties the following rights:

1. The right to be represented by counsel at the expense of each respective party.

2. The right to present evidence and oral arguments.

3. The right to examine witnesses.

4. The right to an electronic verbatim record of the hearing.

5. The right to written findings of fact and a decision on the matter.

The parent/guardian involved in the hearing process has the right to:

1. Have the student present at the hearing.

2. A closed hearing, unless the parent elects to open the hearing to the public.

In cases where there are language differences, an interpreter will be provided by the school district.

The appointed hearing officer will review all relevant facts presented at the hearing and will

determine whether the decisions regarding the child’s identification, evaluation, educational

program or placement were appropriate. The hearing officer will have the authority to uphold,

reverse, or modify the school district’s decisions or actions with regard to:

1. The identification of the student as disabled, or eligibility of the student for services

under Section 504.

2. The evaluation procedures utilized with the student, including a decision not to

evaluate a student.

3. The educational placement and/or related aids and services recommended for or

provided to the student.

Decision of the Hearing Officer

A copy of the hearing officer’s findings of fact and decision will be delivered to the District and the

parent/guardian within sixty (60) calendar days from the date of the assignment of the hearing

officer, unless a continuance is granted.

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The decision of the hearing officer is binding on all parties concerned and the aggrieved party has

the right to request a review of the hearing officer’s decision.

Record of the Hearing

An electronic verbatim recording of the Section 504 hearing will be on file at the District’s

administration office and will be available for review upon request by the parent/guardian.

Review Procedure

An aggrieved party may petition for review of the hearing officer’s decision. A request for review

must:

1. Be filed in writing to the Section 504 Compliance Officer, with a copy to the opposing party,

if applicable.

2. Contain specific objections to the findings of fact and/or conclusions of law believed to be

erroneous.

3. Be filed within fifteen (15) calendar days of receipt of the hearing officer’s decision.

The Compliance Officer shall determine whether the petition for review contains all of the required

information with ten (10) calendar days from its receipt. If it is determined the petition does not

contain all of the required information, the petition will be returned, and the party petitioning for

review will have an additional five (5) school days in which to remedy the defect.

Upon filing of a petition to review the hearing officer’s decision, the District shall appoint a Review

Officer who does not have a direct interest in the outcome of the decision and is knowledgeable

about Section 504 education matters. The disinterested Review Officer shall not hear additional

evidence except in the case of a showing of extraordinary circumstances necessitating an additional

hearing, but shall be limited to review the evidence and the record of the hearing conducted by the

hearing officer and the objections of the appealing party. The Review Officer shall render a decision

within sixty (60) calendar days following the request for review as to whether the hearing officer’s

decision shall stand or shall be overturned.

If a hearing and/or oral argument are determined necessary by the Review Officer in order to

conduct a review of the proceedings, the Review Officer shall give reasonable notice to both parties

of the date, time and location of the hearing. Whether a hearing and/or oral argument are

necessary shall be left solely to the discretion of the Review Officer and neither party shall have the

right to request a hearing and/or argument. The parties may be represented by counsel at any

hearing requested by the Review Officer, at the expense of the respective parties.

The written decision of the Review Officer shall be based solely on the evidence presented and the

applicable law, and shall contain reasons for the decision. The decision of the Review Officer shall

be a final decision.

In addition to requesting a hearing, a parent/guardian may file a complaint with the Office for Civil

Rights, 915 2nd Avenue, Room 3310, Seattle, WA 98174-1099.

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The Section 504 Compliance officer for the Boise School District is:

Director of Human Resources

Edward L. Davis District Sercices Center


Boise, ID 83709

Phone: (208)854-4000

Fax: (208)854-4003

Adopted:

7/1/13

Reviewed:

Review Annually

Revised:

7/1/15(5/11/15)


Section 504 Students - #2211

Civil Rights Grievance #3211

Section 504 Hearing #3212


Disciplining Students with Disabilities - #3274


Legal References: 29 USC Chapter 16

34 CFR Part 104.36



STUDENTS


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Freedom of Expression and Assembly

While students have the right to demonstrate and express grievances before District officials,

District officials may govern the time, place and manner of any such activity which would distract

from the educational process, is slanderous, invades or threatens to invade the rights of others, or

presents a reasonable likelihood of substantial disorder.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01(3/12/01)



STUDENTS


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Student Publications

Included in the District’s curriculum are school publications or other expressive activities that are

designed to impart particular knowledge or skills to the student participants. These publications

are not public forums. The principal or designee is entitled to regulate the contents of school

publications in a reasonable manner.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/9/01(3/12/01)



STUDENTS


3222

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Distribution of Materials

The District is a non-public forum in regards to speech and distribution of materials. The

Superintendent or designee may establish and impose, reasonable restrictions that are related to

legitimate educational concerns on the speech of students, staff, and other members of the

community.

The Superintendent or designee may require permission before students, staff or other members of

the community may distribute or display on school property materials from sources outside the

school. School property shall include, but not be limited to bulletin boards, walls, doors, lockers,

bathrooms, or vehicles in designated school parking areas.

DEFINITION:

Sources Outside the School: include any person(s) or organizations, including, but not limited to,

business, religious, non-profit, social service, or educational organizations, which are not sponsored

by the District.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/14/00

7/15/03(5/12/03

7/1/08(3/10/08)

7/1/13(2/4/13)

7/1/15(3/9/15)

Cross-Reference: Projects and Solicitations #4310

Political Campaigns #4312

Legal Reference: Hazelwood School District v. Kuhlmeier, 108S.Ct.562(1988)

Muller v. Jefferson Lighthouse School, 98F.3d1530(7th Cir. 1996)



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Student Dress Code

Student attire can either promote a more effective educational environment, or it can disrupt the

educational climate and process. Therefore, the Board requires every student to dress in a manner

that provides for a safe and healthy school environment, supports academic achievement, and

ensures the student’s right to a non-disruptive educational atmosphere. All students will adhere to

the minimum standards of dress when the student is on any school premises or at any school

sponsored activity, regardless of location.

Students are not to wear or carry items of apparel (clothing, accessories, cosmetics, tattoos,

jewelry—including body piercing) which depict or allude to, by picture, symbol or word: drugs,

including alcohol and tobacco; controlled substances; drug paraphernalia; gangs; violence; sexually

explicit, lewd, indecent or offensive material, or illegal acts.

Wearing, using, or displaying of any gang clothing or attire, jewelry, emblem, badge, symbol, sign,

codes or other things which evidence membership or affiliation in any gang is prohibited on any

school premises or at any school sponsored activity, regardless of location.

Students may not wear head coverings in school buildings during school hours, except as

authorized by the principal or designee; for example, religious headgear.

Unless the principal or designee indicates otherwise, students will wear footwear at all times.

Students' clothing and grooming shall be appropriate, shall not be revealing, and shall not be a

disruption or interference to the educational process.

Disciplinary action for violation of this policy may involve up to and including suspension and/or

expulsion.

Temporary Exceptions

In order to allow appropriate attire for a particular educational or school activity, the principal or

designee may grant temporary exceptions to specific provisions of this policy.

DEFINITIONS:

Controlled Substances: include, but are not limited to opiates, opium derivatives, hallucinogenic

substances, including cocaine, and cannabis and synthetic equivalents of the substances contained

in the plant, any material, compound, mixture or preparation with substances having a depressant

effect on the central nervous system, and stimulants.

Drugs: shall include any alcohol or malt beverage, any inhalant, any tobacco product, any

controlled substance, any illegal substance, any abused substance, any look-alike or counterfeit

drug, any medication not approved and registered by the school authorities and/or any substance

which is intended to alter mood.

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Drug Paraphernalia: all equipment, products and materials of any kind which are used, intended

for use, or designed for use, in planting, propagating, cultivating, growing, harvesting,

manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,

packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body a controlled substance as defined in this policy.





Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/14/00

7/9/01(3/12/01)

7/12/04

7/1/12(4/9/12)

Cross Reference: Gangs #3234

Employee Dress Code #5226

Legal Reference: IC 33-506 Organization and Government of Board of Trustees

IC 33-512 Governance of Schools(6)



STUDENTS


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Religious Expression

The District shall respect the right of each individual to follow his/her own beliefs, as long as the

beliefs do not infringe upon the rights of others or disrupt the educational process.

Adopted:

8/01/00

Reviewed:

8/11/03, 1/23/09

Revised:

2/22/12, 3/12/15

Cross Reference: Academic Freedom #2181

Freedom of Belief #2190

Legal Reference: Idaho Constitution, Art. IX Section 6;

Title VII of the Civil Rights Act of 1965, 42 USC Section 2000e, et seq.

Section 1983 of the Civil Rights Act of 1871, 42 USC Section 1983

STUDENTS

© INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, IDAHO

3230

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Student Conduct

Students on any school premises or at any school sponsored activity, regardless of location, are

expected to obey District officials, protect property, maintain order and decorum, avoid excessive

physical contact, fighting, and public displays of affection and conduct themselves in a positive

manner.

Principals are directed to establish reasonable rules and regulations regarding appropriate student

behavior in school and at school activities. Disciplinary action for violation of this policy may

involve up to and including suspension and/or expulsion.

DEFINITION





Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01 (3/12/01)

Legal Reference: IC 33-506 Organization and Government of Board of Trustees

IC 33-512 Governance of Schools

STUDENTS


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Bullying, Hazing and Harassment

The Board is committed to maintaining an educational environment that protects and promotes

dignity, individual worth, and mutual respect for each individual, and is free from harassment. Each

District student, employee, or visitor deserves the opportunity to participate or work in a safe,

supportive atmosphere that promotes equal opportunities, free from all forms of discrimination

and conduct that can be considered harassing, coercive or disruptive.

It shall be a violation of this policy for any District student, employee, or visitor to bully, haze, or

harass another individual through any means, including technology, while on any District premises

or at any District sponsored activity, regardless of location. Those who violate this policy may be

subject to disciplinary action and/or referral to law enforcement where appropriate.

Other Policies for Federal Requirements

If the bullying, hazing, or harassment allegations fall within the areas protected by federal law, one

or more of the following policies may also apply: Civil Right Grievance #3211, Section 504 Hearing

#3212, or Sexual Harassment #3232.

Reporting

It is everyone’s responsibility to eliminate behavior prohibited by this policy. Anyone who believes

he/she has knowledge of a person or persons affected by a violation of this policy should

immediately report it to a District official.

District personnel receiving a report of a violation of this policy shall report the matter to the

building principal, supervisor or designee immediately. If the complaint involves the principal,

supervisor or their designee, District personnel must immediately report the matter to the

Superintendent or designee. If the complaint involves the Superintendent, District personnel must

immediately report the matter to the School Board President.

District personnel witnessing a violation of this policy shall take immediate action to stop the

inappropriate behavior and report the matter to the building principal or other appropriate District

personnel.

District personnel who fail to report or fail to take action to stop violations of this policy may face

disciplinary action up to and including dismissal.

Investigation

The Superintendent, principal or designee shall conduct a thorough investigation of any allegation

of bullying, hazing or harassment within ten (10) working days of receipt of the allegation, except in

extraordinary circumstances, as determined by the individual assigned to investigate. At the

discretion of the Superintendent or designee the alleged perpetrator(s) may be suspended pending

the outcome of the investigation. If the Superintendent or designee determines bullying, hazing or

harassment has occurred, the Superintendent or designee shall take appropriate disciplinary action

and notify the parents/guardians of all students involved.

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All investigations with sufficient evidence to support the allegations require documentation. All

investigators and decision makers are to remain objective in regards to each grievance. Any

conflicts of interest are to be disclosed to the Superintendent or designee prior to any actions taking

place.

Confidentiality

Because of the possible sensitive nature of the allegations, any investigation for violations of this

policy shall be conducted, to the extent possible and within legal constraints, to protect the privacy

of the complainant, victim and the accused. In instances where the allegation involves suspected

child abuse, harm to self or harm to others, the District official must report the case to the proper

authorities as required by law.

Discipline for Violations of this Policy:

• For an employee, may involve actions up to and including dismissal.

• For a visitor, may involve actions up to and including future prohibition from entering any

school premises or attending any school sponsored activity, regardless of location.

• For a student, may involve actions up to and including suspension, and/or expulsion.

Discipline shall be appropriate to the offense, age and status of the individual.

The Superintendent or designee shall submit the case to the appropriate law enforcement agency

when the charges warrant such action.

Insufficient Evidence

If there is insufficient evidence to support the allegations, no report of the allegation shall be placed

in an accused or complaining employee’s personnel record or in an accused or complaining

student’s permanent record.

False Accusation

If the investigation discloses that the complaining individual knowingly or in a malicious manner

falsely accused another of bullying, hazing, or harassment, the complaining individual may be

subject to disciplinary action as stated above.

Retaliation

District students, employees, or visitors shall not retaliate against an individual who in good faith

reports, associates with the individual reporting, participates in the investigation, or investigates a

grievance filed in accordance with this policy. Any person engaged in retaliatory actions may be

subject to disciplinary action.

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Parent Notification

District employees processing discrimination or harassment reports may use professional

discretion to determine whether or not to notify parents or guardians of harassment/

discrimination involving a student, in order to protect the student’s well-being.

Notice: The District will provide this policy to all school personnel, parents and students annually

Prevention

The Superintendent or designee shall develop procedures to:

• implement or review actions taken to prevent bullying, hazing or harassment.

• follow up with victims of violations of this policy to ensure preventive actions were

effective.

Professional Development:

The District shall provide ongoing professional development in prevention, identification and

response to harassment, intimidation and bullying.

Annual Report

The District shall annually report bullying incidents to the Idaho State Department of Education.

DEFINITIONS:

Bullying: the repeated aggressive behavior or frightening of others with an apparent intent to

dominate. Bullying may include, but not be limited to physical (hitting, pushing, or attacks on

property); verbal (name-calling, obscene gestures, malicious teasing, or electronic threats); or

indirect attacks (intentional exclusion from groups, anonymous hurtful notes, or spreading false

rumors). Bullying often occurs without apparent provocation. Bullying is not playful teasing

between relatively equal individuals.

Hazing:

1. to subject a person to bodily danger, physical harm, severe emotional harm, extreme

embarrassment or personal degradation; or

2. to subject a person to the likelihood of any of the above; or

3. to require, encourage, authorize or permit that the person be subjected to any of the

following:

a. total or substantial nudity on the part of the person;

b. compelled ingestion of any substance by the person;

c. wearing or carrying of any obscene or physically burdensome article by the person;

d. physical assaults upon or offensive physical contact with the person;

e. participation by the person in boxing matches, excessive number of calisthenics, or

other physical contests;

f. transportation and abandonment of the person;

g. confinement of the person to unreasonably small, unventilated, unsanitary or unlighted

areas;

h. sleep deprivation;

i. or assignment of pranks to be performed by the person.

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The term hazing, as defined in this section does not include customary athletic event/activity or

similar contests or competitions, and is limited to those actions taken and situations created in

connection with initiation into or affiliation with any group or organization. The term “hazing” does

not include corporal punishment administered by officials or employees of the District when such

actions are in accordance with Reasonable Force Policy #3270. For the purposes of this definition,

any activity described in this definition shall be presumed to be “forced” activity, the willingness of

an individual to participate in such activity notwithstanding.

Harassment: any verbal, written, graphic, or physical conduct by an individual or group which is

sufficiently severe, persistent, pervasive and offensive to:

1. substantially and systemically undermine, disrupt, detract from, interfere with or limit the

ability of an individual to participate in or benefit from the District’s programs, activities or

resources;

2. create an intimidating, hostile, threatening or abusive educational/work environment;

3. substantially or unreasonably interfere with a person’s performance; or

4. adversely affect a person’s educational/work opportunities.

Actions that may constitute harassment may include, but are not limited to:

• physical acts (i.e. aggression or assault, battery, damage to property, intimidation,

vandalism, implied or overt threats of violence);

• verbal acts (i.e. demeaning jokes, bullying, taunting, hazing, intimidation, hate speech, slurs,

derogatory nicknaming, innuendoes, or other negative remarks);

• visual acts (i.e. graffiti, slogans or visual displays such as cartoons or posters depicting

derogatory sentiments); or

• criminal acts (acts in violation of Idaho Criminal Codes or Idaho Human Rights Commission

Code).







Adopted:

7/14/03

Reviewed:

Review Annually

Revised:

8/9/10

7/1/13(2/11/13)

7/1/14(2/10/14)

8/10/15(8/10/15)

STUDENTS


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Cross Reference: Civil Rights Grievance #3211


Student Conduct #3230


Gangs #3234

Assault and/or Battery #3237

Technology Use #3239

Reasonable Force #3270

Major Disciplinary Violations #3272

Safe and Secure Learning/Work Environment #3310

Child Abuse #3330

Disruptive Employee or Public Conduct #5234

Legal Reference: IC 18-917 Hazing

Title IX of the Education Amendments of 1972

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 200e-2(a)

Franklin v. Gwinnett Co. Public Schools, 112 S. Ct. 1028 (1992)

IC 16-1619 Reporting of abuse, abandonment or neglect

IC 18-917A Student Harassment – Intimidation – Bullying

IC 33-1630 Requirements for Harassment, Intimidation and

Bullying

Information and Professional Development

Gebser v. Lago Vista Independent School District, 118 S. Ct. 1989

(1998)

Mentor Savings Bank v. Winson, 477 U.S. 57 (1986)

Elison v. Brandy, 924 F.2d872 (9th Cir. 1991)



STUDENTS


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Sexual Harassment

The Board is committed to maintaining an educational environment that protects dignity,

individual worth, promotes mutual respect for each individual, and is free from sexual harassment.

Each District student, employee, or visitor has the right to work or participate in an atmosphere

that promotes equal opportunities, free from all forms of discrimination and conduct that can be

considered harassing, coercive or disruptive.

It shall be a violation of this policy for any District employee, student or visitor to sexually harass

another individual, while on any school premises or at any school sponsored activity, regardless of

location.

Reporting

It is everyone’s responsibility to eliminate sexual harassment. Anyone who has been sexually

harassed or believes another person has been sexually harassed should immediately report it to a

District official.

District personnel receiving a report of a violation of this policy shall report the matter to the

building principal, supervisor or designee immediately. If the complaint involves the principal,

supervisor or their designee, District personnel must immediately report the matter to the

Superintendent or designee. If the complaint involves the Superintendent, District personnel must

immediately report the matter to the School Board President.

District personnel witnessing a violation of this policy shall take immediate action to stop the

inappropriate behavior and report the matter to the building principal or other appropriate District

personnel.

District personnel who fail to report or fail to take action to stop violations of this policy may face

disciplinary action up to and including dismissal.

Investigation

When a District official receives a report of sexual harassment, or has reason to believe that sexual

harassment is occurring, he/she shall take immediate steps to follow the process outlined in the

Civil Rights Grievance Policy #3211.

Confidentiality

Because of the sensitive nature of the allegations of sexual harassment, any investigation shall be

conducted, to the maximum extent possible, within legal constraints, to protect the privacy of

the complainant, victim and the accused. In instances where the sexual harassment allegation

involves suspected child abuse, the District official must report the case to the proper authorities as

required by law.

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• For an employee, may involve actions up to and including dismissal.

• For a visitor, may involve actions up to and including future prohibition from entering any


• For a student, may involve actions up to and including suspension, and/or expulsion.

Discipline shall be appropriate to the offense, age, and status of the individual.



Insufficient Evidence

If there is insufficient evidence to support the allegations, no report of the allegation shall be placed

in an accused or complaining employee’s personnel record or in an accused or complaining

student’s permanent record.

False Accusation

If the investigation discloses that the complaining individual knowingly or in a malicious manner

falsely accused another of sexual harassment, the complaining individual may be subject to

disciplinary action as stated above.

Retaliation

District students, employees, or visitors shall not retaliate against an individual who in good faith

reports, associates with the individual reporting, participates in the investigation, or investigates a

report of sexual harassment. Any person who retaliates against another individual who

investigates or in good faith reports an incident may be subject to disciplinary action as stated

above.

Prevention

The Superintendent or designee shall develop procedures to:

• implement or review actions taken to prevent sexual harassment; and

• follow-up with victims of violations of this policy to ensure preventive actions were

effective.

District Record

The Superintendent or designee will keep and maintain a written record, including, but not limited

to, witness statements, investigative reports and correspondence, from the date any allegation of

harassment is reported to District personnel. The information in the written record will also

include the action taken by the District in response to each allegation. The confidential written

record will be kept in the District’s administrative offices and will be purged according to District

record retention procedures.

STUDENTS


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DEFINITIONS

Sexual Harassment: a form of misconduct that includes unwelcome sexual advances, requests for

sexual favors, and other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition to an

individual’s employment, education, or participation in school activities;

2. submission to or rejection of such conduct by an individual is used as a basis for personnel

or academic decisions affecting the individuals; or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s

work or academic performance or creating an intimidating, hostile or offensive work or

learning environment.

Student-to-student sexual harassment is defined by a hostile environment or any unwelcome sexual

conduct that is sufficiently severe, persistent or pervasive, to potentially limit a student’s ability to

participate in or benefit from his or her education.

All sexual harassment of students by employees is “unwelcome” regardless of whether it is

“consensual”.

Examples of sexual harassment may include, but are not limited to:

1. unwanted sexual touching, verbal comments, gestures, and jokes;

2. students in a class which is predominantly of one sex subjecting a student of the opposite

sex to sexual remarks, teasing, or being questioned about their ability to do the work;

3. touching oneself sexually or talking about one’s sexual activity in front of others;

4. displaying, wearing or distributing sexually explicit or sexually suggestive drawings,

pictures or written materials;

5. unwelcome solicitation or pressure for sexual favors;

6. unnecessary touching of an individual, e.g., patting, pinching, repeated brushing against

another person’s body;

7. requests for sexual favors accompanied by implied or overt threats concerning an

individual’s employment, education or business with the District; and

8. cornering or blocking of normal movements.

Examples of conduct which typically would not constitute sexual harassment:

1. a single instance of a kiss on the cheek of an elementary student by another elementary

student;

2. hugging the winning athlete;

3. a teacher putting his/her arms around students during photographic session.

STUDENTS


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Adopted:

7/12/99

Reviewed:

Review Annually

Revised:

8/10/00

7/9/01 (3/12/01)

7/14/03

7/01/04 (5/10/04)

7/1/14(2/10/14)

Cross Reference: Civil Rights Grievance #3211


Student Conduct #3230





Safe and Secure Learning/Work Environment #3310

Child Abuse #3330


Legal Reference: Title IX of the Education Amendments of 1972

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 200e-2(a)

Franklin v. Gwinnett Co. Public Schools, 112 S. Ct. 1028 (1992)

IC 16-1619 Reporting of abuse, abandonment or neglect Gebser

v.Lago Vista Hazing IC 18-917

Independent School District, 118 S. Ct. 1989 (1998)

Mentor Savings Bank v. Winson, 477 U.S. 57 (1986)

Elison v. Brandy, 924 F.2d872 (9th Cir. 1991)



STUDENTS


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Drug, Alcohol, and Tobacco Use

Philosophy

To the extent possible, the Board is committed to:

1. preventing or intervening in student use of drugs, alcohol or tobacco;

2. providing a safe and secure learning environment;

3. enhancing academic achievement; and

4. involving the parent/guardian with his/her student’s academic and personal success.

Policy Violation

A student is in violation of District policy if he/she is involved in school related or non-school related

drug use as defined herein.

For the purposes of this policy, drug use is defined as the involvement with drug paraphernalia,

controlled substances, or drugs, including alcohol, tobacco products or any electronic smoking

device and/or vapor based products and herbal or other plant based products that provide nicotine

in any of the following ways:

A. Knowingly Present

• “knowingly present” shall mean that a student attended a gathering of two (2) or more

individuals at which one or more of the attendees (other than the student at issue) were

involved in drug use as defined in this paragraph and the student knew or reasonably

should have known that such drug use was occurring

B. Securing, Using, Possessing

• attempting to secure or purchase

• using or the reasonable suspicion of having used

• possessing

C. Distribution

• intending or attempting to sell or distribute

• selling or giving away

School related drug use is a violation which occurs on any District premises or at any District

sponsored activity, regardless of location including, but not be limited to buildings, facilities, and

grounds on a District campus, District buses, District parking areas; and the location of any District

sponsored activity. This includes instances in which the conduct occurs off District premises but

impacts a school activity.

Non-school related drug use is a violation which occurs during the scholastic year in a location off a

school campus and in a situation not associated with a school sponsored activity. This violation

applies when it reasonably appears to the principal or designee that an extracurricular or co-

curricular student has violated this policy, including an arrest for drug use.

Intervention

District students in violation of this policy will be offered assistance. The principal or designee:

• shall contact the parent/guardian as soon as possible; and

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• should inform the parent/guardian of the drug education programs and counseling

available to the student in the school or in the community.

Discipline

For school related drug use, regardless of whether the student voluntarily discloses or is

reasonably suspected, discipline may involve actions up to and including suspension and expulsion

(if the student is involved in extracurricular or co-curricular activities, discipline may involve an

activity suspension for a period of time up to and including the remainder of his/her attendance in

the District).

For non-school related drug use, regardless of whether the student voluntarily discloses or is

reasonably suspected, discipline may involve an activity suspension for a period of time up to and

including the remainder of his/her attendance in the District.

Suspensions and expulsions of students with disabilities as defined by the IDEA (Individuals with

Disabilities Education Act), Section 504 of the 1973 Rehabilitation Act, and the Americans with

Disabilities Act shall follow federal guidelines, as well as the provisions of District policy.

Self Reporting

Anonymity will be provided to a student on a faculty “need to know” basis, when a student

voluntarily discloses any type of drug use, except as deemed reasonably necessary to protect the

health and safety of others. Notification of the disclosure and availability of counseling for students

shall be provided to parent/guardian.

Law Enforcement

When appropriate and regardless of any previous voluntary disclosure, a student reasonably

suspected of drug use will be reported to law enforcement. The principal or designee may seek a

law enforcement evaluation of the student and that may result in the transfer of school custodial

responsibility to the appropriate law enforcement agency.

Searches by District Officials

The Board must provide an atmosphere conducive to the pursuit of educational goals, while

adhering to the students’ constitutional rights. This may include the District official’s right to

search a student’s person or personal property, including, but not limited to backpacks, purses,

wallets, and athletic bags, when it is in the interest of the overall welfare of other students or is

necessary to preserve the good order and discipline of the school, and reasonable suspicion exists

that the student is in possession of materials which violate District policy, procedure, or law.

Reasonable suspicion by District officials is defined as suspicion that is particularized with respect

to each individual searched, based on the reasonable judgment or belief that the student is in

possession of materials in violation of District policy, procedure or law. Reasonable suspicion by

District officials need not be based on a single factor, but is based on the “totality of the

circumstances”, including misconduct by the student. In order for a search to be reasonable, it must

be justified at its inception and be reasonably related in scope to the circumstances which initially

justified the search.

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Intrusive searches, such as strip searches or body cavity searches, will not be conducted by school

personnel. If necessary, the District will refer the student to law enforcement. The search

measures used in any situation must be reasonably related to the objectives of the search and must

not be an excessive intrusion in light of the age and sex of the student, and the nature of the

infraction.

Desks and lockers assigned to students are District property and remain at all times under the

control of the District. The student shall be responsible for the proper care, use and security of the

desk or locker assigned for his or her use. Desks and lockers may not be used by a student for the

storage of materials which violate District policies or laws, are potentially harmful items, or are a

threat to safety or security, including, but not limited to, weapons, drugs, and alcohol. Periodic

general inspection of lockers and desks may be conducted by authorized District officials for any

reason at any time without notice, without consent, and without a search warrant. District officials

may seize and retain, or turn over to law enforcement officials, any contraband items or evidence

found in a school desk or locker.

Students are permitted to park on school campuses as a matter of privilege, not a right. The school

retains the authority to conduct routine patrols of school parking lots and inspections of the

exteriors of automobiles on school campuses. The interiors of vehicles on school campuses may be

inspected whenever an authorized District official has reasonable suspicion that materials which

violate District policy or law are contained inside. Such patrols and inspections may be conducted

without notice, without consent, and without a search warrant.

False Accusation

If an investigation discloses that, the reporting individual knowingly or in a malicious manner

falsely accused or intentionally harassed another of being in violation of this policy, that individual

may be subject to the following disciplinary action:

• for an employee, may involve actions up to and including dismissal.

• for a student, may be subject to the disciplinary actions stated in this policy.

Any employee or student reporting violation or suspected violation of this policy in good faith shall

be immune from disciplinary action for such reporting

Notification

An age-appropriate restatement of this policy will be included in the student handbook.

DEFINITIONS

Activity Suspension: suspended extracurricular or co-curricular students shall not travel, dress in

uniform, associate or participate with the team or group at its scheduled event(s). Suspended

students may be allowed to participate in practices/meetings; however, the principal or designee

may deem it necessary for students to be withheld from practices/meetings for the duration of the

suspension.

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Controlled Substances: are defined in 21 USC Section 812 and include, but are not limited to

opiates, opium derivatives, hallucinogenic, depressant, or stimulant substances, including cocaine,

cannabis and synthetic equivalents of the substances contained in the plant, any material,

compound, mixture or preparation with substances having a depressant effect on the central

nervous system.



Drugs: shall include any alcohol or malt beverage, any tobacco product, any controlled substance,

any illegal substance, any abused substance, any look-alike or counterfeit drug, any medication or

any inhalant not approved for the use being made of said medication or inhalant, any substance

whose use is intended to alter mood, and/or any substance which is represented and sold or

distributed as a restricted or illegal drug, even if the substance is not what it is represented to be.






Electronic Smoking Device means any oral device that provides a vapor of liquid nicotine and/or

other substance, and the use or inhalation of which simulates smoking. The term shall include any

such devices, whether they are manufactured, distributed, marketed or sold as e-cigarettes, e-

cigars, e-pipes, or under any other product name or descriptor.

Intentionally Harass: a knowing and willful course of conduct directed at a specific student which

seriously alarms, annoys, threatens or intimidates the student and which serves no legitimate

purpose. The course of conduct must be such as would cause a reasonable person to suffer

substantial emotional distress.

Scholastic Year: a period of time beginning with the first day of the fall extracurricular and co-

curricular activities season and ending with the last day of school.

Search: a physical examination of a person or his/her property with the intent to discover

contraband. However, detection dogs will not be used to search an individual, and will not be used

in the immediate presence of students. In the school setting, including school sponsored activities

and events; a search is permissible where a school official has reasonable suspicion based on the

totality of the circumstances, for suspecting that the search will reveal evidence that the student has

violated either the law, district policy or the rules of the school.

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Smoking: means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or

any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in

any form. "Smoking" also includes the use of an e-cigarette that creates a vapor, in any manner or in

any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of

smoking.

Tobacco product: means any products containing, made, or derived from tobacco, herbal or other

plant based products that are intended for human consumption, whether chewed, smoked,

absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means,

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

10/23/00 -- 8/09/04

8/1/05 (7/13/05)

7/1/08 (3/10/08)

10/14/13

7/1/15(5/11/15)

Cross Reference: Detection Dog Use #3161, 3261BP

Bullying, Hazing, and Harassment #3231

Drug, Alcohol & Tobacco Use Procedures #3233BP

Searches by District officials #3260

Guidelines for Disciplinary Violations #3271


In-School Detention, Suspension & Expulsion #3273

Suspension from Extra Curricular and Co-Curricular Activities

#3580, 3580BP

Employee or Public Use of Drugs or Alcohol #5231

Employee or Public Smoking #5232

Legal Reference: IC 20-509

IC 20-516,

IC 33-205,

IC 33-210

IC 37-2705

IC 37-2732

IC 37-2732C

IC 39-5501, et segg.

Drug-Free Schools and Communities Act of 1988 -P.L. 100-690

Individuals with Disabilities Education Act and P.L. 94-142

Section 504 of the 1973 Rehabilitation Act

Americans with Disabilities Act

The Family Educational Rights and Privacy Act of 1974 20U.S.C.

1232g; 34CFR part 99



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Drug, Alcohol and Tobacco Procedure

Protocol Checklist

When a student is suspected of drug use, the principal or designee: (Note: The principal or designee

may choose to vary the order of the procedure set forth below.)

A. evaluates the situation to determine if there is a reasonable and prudent belief that a

student is in violation of District policy for school related or non-school related drug

use;

B. notifies law enforcement, if appropriate, and may request a Drug Recognition Expert

(DRE);

C. presents the charges against the student and provides the student with the opportunity

to challenge those charges, unless an emergency suspension is necessary (If an

emergency suspension is necessary, an informal hearing is held as soon as possible after

the emergency ceases to exist.) This step may include a parent conference;

D. may ask the student to write a statement of the incident;

E. notifies the parent/guardian of the charge, as soon as possible;

F. determines the appropriate consequences as outlined in the Intervention/Discipline

section below;

G. writes a major disciplinary violation (MDV) report of the incident and provides a copy

to the parent/guardian;

H. may only release a student who is, or appears to be, under the influence of alcohol or

drugs other than tobacco, to a parent/guardian, the custody of the local law

enforcement, or emergency medical personnel;

I. may search the student's person and/or personal effects, locker or desk, and vehicle if

the District official has a reasonable suspicion that materials which violate law or

District policy are contained inside (Such materials are confiscated); and

J. may consult with the school counselor or other members of the Student Assistance

Team (SAT)/Problem Solving Intervention Team (PSIT) and, if appropriate, the

Individual Education Plan (IEP) Team.

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Policy Violation

A student is in violation of District policy if he/she is involved in school related or non-school related

drug use as defined herein.

For the purposes of this policy, drug use is defined as the involvement with drug paraphernalia,

controlled substances, or drugs, including alcohol, tobacco products or any electronic cigarettes

and/or vapor based products and herbal or other plant based products that provide nicotine in any

of the following ways:


• “knowingly present” shall mean that a student attended a gathering of two (2) or

more individuals at which one or more of the attendees (other than the student

at issue) were involved in drug use as defined in this paragraph and the student

knew or reasonably should have known that such drug use was occurring.


• attempting to secure or purchase

• using or the reasonable suspicion of having used

• possessing

C. Distribution

• intending or attempting to sell or distribute

• selling or giving away

School related drug use is a violation which occurs on any District premises or at any District

sponsored activity, regardless of location including, but not be limited to buildings, facilities, and

grounds on the District campuses, District buses, District parking areas; and the location of any

District sponsored activity. This includes instances in which the conduct occurs off District

premises but impacts a District-related activity.

Non-school related drug use is a violation which occurs during the scholastic year in a location off a

District campus and in a situation not associated with a District sponsored activity. This violation

applies when it reasonably appears to the principal or designee that an extracurricular or co-

curricular student has violated this policy or has been arrested for drug use.

Intervention/Discipline

In most circumstances, the following shall govern intervention/discipline for a student in violation

of the District's Drug, Alcohol and Tobacco policy #3233. However, the principal or designee has, in

his/her discretion, the authority to vary from these guidelines. If the gravity of the situation

warrants it, the principal or designee may recommend extended suspension or expulsion and an

activity suspension up to the remainder of the student’s attendance in the District with any of the

drug use offenses.

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I. School Related Drug Use by Students Not in Extracurricular Or Co-Curricular Activities


1. First Offense: The school resource officer (SRO), principal, or designee:

a. will hold a conference with the student;

b. will notify the student’s parent/guardian of the policy violation;

c. may arrange a conference with the parent/guardian and the student; and

d. will inform the student and parent/guardian of consequences for future

violations of the policy.

2. Subsequent Offenses: The student is subject to the consequences outlined in I.

B, “Securing, Using, Possessing”, of this procedure.


1. First Offense:

a. The principal or designee may require five (5) days of temporary

suspension.

b. If the student completes a drug assessment, the suspension may be

reduced to three (3) days temporary suspension and two (2) days of in-

school detention.

c. If the student completes a District approved drug education class, the

suspension may be reduced to two (2) days temporary suspension and

two (2) days of in-school detention.

d. If the student and a parent/concerned adult completes a District approved

drug education class, the suspension may be reduced to one (1) day

temporary suspension and two (2) days of in-school detention.

2. Second Offense: The principal or designee may choose one or any combination

of the following:

a. recommend an extended suspension;

b. require a five (5) day temporary suspension; or

c. require compliance with a drug behavior contract.

3. Third and Subsequent Offenses: The student is subject to the consequences

outlined in I. C, “Distribution”, of this procedure.

C. Distribution: The principal or designee may:

1. recommend expulsion;

2. recommend extended suspension; or

3. require compliance with a drug behavior contract.

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II. School Related Drug Use by Students In Extracurricular Or Co-Curricular Activities








2. Subsequent Offenses: The student is subject to the consequences outlined in II.

B, “Securing, Using, Possessing”, of this procedure.


1. First Offense:

a. The principal or designee may require five (5) days of temporary

suspension with twenty-one (21) calendar days of activity suspension.


reduced to three (3) days temporary suspension and two (2) days of in-

school detention with fourteen (14) calendar days of activity suspension.


suspension may be reduced to two (2) days temporary suspension and

two (2) days of in-school detention with ten (10) calendar days of

activity suspension.

d. If the student and a parent/concerned adult completes a District

approved drug education class, the suspension may be reduced to one

(1) day temporary suspension and two (2) days of in-school detention

with seven (7) calendar days of activity suspension.

2. Second Offense: The principal or designee may choose one or any combination

of the following:

a. recommend an extended suspension and require an activity suspension

for the balance of the scholastic year;

b. require five (5) days of temporary suspension with twenty-one (21)

calendar days of activity suspension; or

c. require compliance with a drug behavior contract.

3. Third and Subsequent Offenses: The student is subject to the consequences

outlined in part II. C, “Distribution”, of this procedure.

C. Distribution: The principal or designee may:

1. recommend expulsion;

2. recommend extended suspension and require an activity suspension up to the

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remainder of the student’s attendance in the District; or

3. require compliance with a drug behavior contract.

III. Non-School Related Drug Use by Students In Extracurricular Or Co-Curricular Activities

• Knowingly Present







2. Subsequent Offenses: The student is subject to the consequences outlined in III. B,

“Securing, Using, Possessing”, of this procedure.


1. First Offense:

a. The principal or designee may require twenty-one (21) calendar days of

activity suspension.


reduced to fourteen (14) calendar days of activity suspension.


suspension may be reduced to ten (10) calendar days of activity

suspension.

d. If the student and a parent/concerned adult completes a District

approved drug education class, the suspension may be reduced to seven

(7) calendar days of activity suspension.

2. Subsequent Offenses:

The student is subject to the consequences outlined in III. C, “Distribution”, of this

procedure.

C. Distribution

1. The principal or designee may require an activity suspension up to the remainder

of the student’s attendance in the District.

DEFINITIONS

Activity Suspension: Suspended extracurricular or co-curricular students shall not travel, dress in

uniform, associate or participate with the team or group at its scheduled event(s). Suspended

students may be allowed to participate in practices/meetings; however, the principal or designee

may deem it necessary for students to be withheld from practices/meetings for the duration of the

suspension.

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Controlled Substances: are defined in 21 USC Section 812 and include, but are not limited to




nervous system.





Drug Assessment: a self-assessment tool used to rule out whether a student has an alcohol/drug

problem or addiction. The assessment includes a personal interview and an individual inventory.

The drug assessment may be provided by the school (no cost) or the community (the family incurs

the cost). If the student chooses to have a drug assessment, the parent/guardian must sign a

consent form for the assessment and may sign a release to provide information to the Student

Assistance Team (SAT)/Problem Solving Intervention Team (PSIT). The SAT/PSIT reviews the

circumstances of the policy violation and the report from the assessment for possible

recommendations.











Drug Use Behavior Contract: is a contract between a principal or designee and a student who is

in violation of the Drug, Alcohol, and Tobacco policy #3233. The terms of the contract may include,

but are not limited to, the following:

• required completion for student and parent/concerned adult in District approved drug use

classes;

• a drug assessment provided by the school (no cost) or the community (the family incurs the

cost) and compliance with the recommendations of the drug assessment;

school counseling;

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• an activity suspension for the balance of the scholastic year; or

• other relevant issues.

Electronic Smoking Device; means any oral device that provides a vapor of liquid nicotine and/or

other substance, and the use or inhalation of which simulates smoking. The term shall include any

such devices, whether they are manufactured, distributed, marketed or sold as e-cigarettes, e-

cigars, e-pipes, or under any other product name or descriptor.






and events; a search is permissible where a school official has reasonable suspicion based on the



Smoking: means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or

any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in

any form. "Smoking" also includes the use of an e-cigarette that creates a vapor, in any manner or in

any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of

smoking.

Tobacco product: means any products containing, made, or derived from tobacco herbal or other

plant based products that are intended for human consumption, whether chewed, smoked,

absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means,

7/1/12 (4/9/12)

10/14/13

7/1/15(5/11/15)

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

8/09/04

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Gangs

The District has a legitimate educational objective of curtailing gangs and gang activities. Members

of gangs practice illegal acts, violate school rules, and take actions which threaten the safety or

welfare of others and disrupt the educational process.

It is against Board policy and unlawful for any person, group or organization to establish a

fraternity, sorority or other secret society (e.g. gangs) whose membership is comprised in whole or

in part of students enrolled in the District’s schools, or to solicit a student in any of the District’s

schools to become a member of such organization; and no student enrolled in the District shall be

or become a member, or pledge him/herself to become a member of any such organization.

All gangs and gang activities, including, but not limited to creating intimidation or fear, wearing,

possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol,

sign, gestures, codes, or other evidence of membership or affiliation, including graffiti, in any gang

is prohibited on any school premises or at any school sponsored activity, regardless of location.

Disciplinary action for violation of this policy may involve, up to and including, suspension and/or

expulsion.

DEFINITION



District parking areas; and the location of any District sponsored activity. This includes instances

in which the conduct occurs off the District premises but impacts a District-related activity.

. Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01(3/12/01)

8/01/05(6/11/05)

Cross-Reference: Student Dress Code #3223



Electronic Communication Devices and Portable Music Players

#3241


IC 33-1902

IC 33-1903



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Weapons

The Board is committed to providing a safe and secure environment for all students, staff and

visitors in order to maximize learning opportunities. While the Board cannot guarantee elimination

of all safety threats, it directs the administration to implement policies and procedures which are

designed to reduce and minimize the safety risks.

The Board has no tolerance for students who use, threaten to use, or possess firearms, destructive

devices, weapons, dangerous instruments, explosives, or “look-alike” weapons on any District

premises, or at any District sponsored activity, regardless of location, or store them in their lockers

and/or personal vehicles on school campuses or for students who assist others in doing any of the

above. The Superintendent, principal or designee has the authority to determine the extent of the

threat and/or the disruptiveness to the health, safety, and/or educational process of other

individuals in each particular situation. For the purposes of this policy, no tolerance means that

consequences will occur if this policy is violated and that the consequences will be commensurate

with the circumstances of each situation.

The only exception to this policy is if the Superintendent or designee has given the student prior

permission to bring a weapon other than a firearm or destructive device to school. In granting such

permission, the Superintendentl or designee shall consider the following factors: student’s age,

purpose of bringing a weapon to school, level of supervision, etc.

Discipline for Violation of this Policy:

The disciplinary action for the District’s weapons policy is necessarily defined by existing federal

law (Section I), by specific Board policies (Section II), and by laws concerning students with

disabilities (Section III).

I. Expulsion for One Year for Firearms or Destructive Devices

Any student who is determined to have used, brought, or have in possession a firearm or

destructive device on any school premises or at any school sponsored activity, regardless of

location, or store them in their lockers and/or personal vehicles on school campuses shall

be immediately suspended, referred to the appropriate law enforcement agency, and,

following due process, be expelled from school for a period of not less than one (1) year,

twelve calendar months. The Board may modify the expulsion order on a case by case basis.

II. Discipline for Devices Other than Firearms or Destructive Devices

Students may be immediately referred to the appropriate law enforcement agency and may

be suspended from school when any of the following circumstances occur on any school

premises or at any school sponsored activity, regardless of location:

• use, threaten to use, or possess weapons explosives, or “look-alike” weapons other

than those weapons or destructive devices identified in Section I of this policy;

• assists others in doing any of the actions prohibited in this policy;

• store any of the above in their lockers and/or personal vehicles on school campuses;

or

• use or threaten to use an item as a dangerous instrument.

Discipline shall be commensurate with the circumstances of the situation, which includes,

but is not limited to, the intent, degree of endangerment or damage, degree of intimidation

or fear, and the age of the student. Discipline for violation of this section of the policy may

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involve actions up to and including suspension and/or expulsion.

III. Students with Disabilities

The discipline of students with disabilities as defined by IDEA (Individuals with Disabilities

Education Act), and subsequent amendments, and Section 504 of the 1973 Rehabilitation

Act under this policy shall follow federal guidelines.

DEFINITIONS - For the purpose of Section I of this policy, the following definitions shall apply.

Firearm:

A. any weapon (including a starter gun) which will or is designed to or may readily be

converted to expel a projectile by the action of an explosive,

B. the frame or receiver of any such weapon,

C. any firearm muffler or firearm silencer,

D. any destructive device.

Destructive Device:

A. any explosive, incendiary, or poison gas a) bomb, b) grenade, c) rocket having a propellant

charge of more than four ounces, d) missile having an explosive or incendiary charge of

more than one-quarter ounce, e) mine, f) device similar to any of the devices described in

the preceding clauses.

B. any type of weapon which will, or which may be readily converted to, expel a projectile by

the action of an explosive or other propellant, and which has any barrel with a bore of more

than one-half inch in diameter.

C. any combination of parts either designed or intended for use in converting any device into

any destructive device and from which a destructive device may be readily assembled.

D. The definition of a “destructive device” shall not include:

1. shotgun or shotgun shell which is generally recognized as particularly suitable for

sporting purposes,

2. a rifle or antique firearm which the owner intends to use solely for sporting,

recreational or cultural purposes,

3. any device which is neither designed nor redesigned for use as a weapon.

For the purpose of Section II of this policy, the following definitions shall apply:

Weapon: anything that is commonly designed or may be used to cause injury or to put someone

in fear. Examples of “weapons” include pocket knives, pellet guns, clubs, razor blades, chemical

irritants, antique firearms, shotguns or rifles, regardless of whether the owner intends to use the

items solely for sporting, recreational or cultural purposes.

Dangerous Instrument: anything that, although not specifically designed to hurt someone, is used

to cause injury or to threaten to cause injury. Examples include belts, combs, writing utensils,

compasses, chains, etc. Such items should be considered dangerous instruments when they are

used to cause injury or to put someone in fear.

Explosive: any substance or item other than a destructive device (as defined above for Section I)

that can potentially generate a release of mechanical or chemical energy. Examples include

firecrackers, cherry bombs, gun shells, bottle bombs, etc.

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Look-Alike Weapon: objects which closely resemble a weapon or explosive and could put persons

in fear for their safety. Examples include toy guns, smoke bombs, etc.

For the purpose of this policy, the following definition shall apply:





Possess: to bring an object, or to cause it to be brought, onto any school premises or at any school

sponsored activity, regardless of location, or to exercise dominion and control over an object

located anywhere on such premises and personal vehicles on school campuses.

Adopted: 6/2/97 Reviewed: Review Annually Revised: 7/14/00

7/9/01(3/12/01)

7/15/03(5/12/03)

7/01/05(6/11/05)

7/01/09 (3/9/09)

7/01/15 (5/11/15)

Cross Reference: Searches by District officials #3260

Detection Dog Use #3261, 3261BP

Corporal Punishment #3270

In-School Detention, Suspension and Expulsion #3273

Employee or Public Use of Weapons #5233

Legal References: IC 18-3302C(1), D and I

IC 33-205

U.S.C. Section 921

IDEA (Individuals with Disabilities Education Act

1973 Rehabilitation Act, Section 504

18 U.S.C. Section 921 (Gun-Free Schools Act)

20 U.S.C. Section 70(IV)(A) §7151



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Assault and/or Battery

Any assault and/or battery on any individual, where the assault and/or battery occurs on any

school premises or at any school sponsored activity, regardless of location, is prohibited.


• a student, may be subject to discipline up to and including suspension, and/or expulsion.

• an employee, may be subject to discipline up to and including dismissal.

• a visitor, may be subject to discipline up to and including future prohibition from entering

any school premises or attending any school sponsored activity, regardless of location.

Discipline shall be appropriate to the offense, age and status of the individual.



DEFINITIONS

Assault: any willful attempt or threat to inflict injury upon another person, when coupled with an

apparent ability to do so, and any intentional display of force such as would give the individual

reason to fear or expect immediate bodily harm. An assault may be committed without actually

touching, or striking, or doing bodily harm to another person.

Battery: any unlawful touching of another person which is without justification or excuse.





Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01(3/12/01)

7/14/03

7/1/06

Cross Reference: Bullying, Hazing and Harassment #3231


Gangs #3234

Corporal Punishment #3270




STUDENTS


3238

Page 1 of 1

Abuse of District Property

Any stealing, unauthorized selling, destroying, or defacing of District property whether the actions

take place on any school premises or at any school sponsored activity, regardless of location, is

prohibited.

It is the intent of the Board to seek damages, as permitted by law, from individuals who abuse

school property. The Superintendent or designee shall initiate the investigation and reporting of

damage or loss and may initiate action, on behalf of the District, to collect for damages.

Discipline for violation of this policy:

• for an employee, may involve actions up to and including dismissal.

• for a visitor, may involve actions up to and including future prohibition from entering any


• for a student, may involve actions up to and including suspension, and/or expulsion.



DEFINITION





Adopted:

7/8/96

Reviewed:

Review Annually

Revised:

8/10/00

7/9/01(3/12/01)

Cross-Reference: Corporal Punishment #3270

Use of District Property #4320

Use of Kitchen Facilities #4322, #4322P

Employee Conflict of Interest #5252

Disposal of Surplus Equipment and Material #7210

Fixed Capital Assets #7410




STUDENTS


3239

Page 1 of 4

Student Technology Use

The Board believes a comprehensive technology program is an essential component of a successful

school system. The District’s technology program of resources and services shall serve the

following purposes:

• Provide consistent access to effective learning opportunities by providing infrastructure

needed to create an effective educational environment that incorporates technology

integration;

• Instruct students in responsible use of technology, digital citizenship, and technology skills

necessary for college, career and citizenship;

• Continuously improve teacher capabilities;

• Contribute to the delivery of efficient and effective business or educational functions; and

• Expedite communication of District personnel.

The District’s technology program is not established as a public access or a public forum. The use of

the District’s technology is a privilege and not a right. All materials, messages or communications

composed, sent or received remain the property of the District. School officials may supervise,

monitor and delete any materials. Any such communication is subject to public scrutiny.

The Superintendent or designee shall maintain procedures to:

• implement and enforce District technology policies;

• handle complaints about such enforcement;

• remove a user’s files without prior notice after an account has been inactive for a specified

period of time; and

• establish the period of time for archiving District e-mails and the storage of electronic

material.

Students are responsible for using District technology in a considerate, legal and responsible

manner. District policies for general behavior and communications also apply to technology use.

Students should alert a school official of any inappropriate contact or any contact that makes a

student uncomfortable.

Prohibited Uses

The technology system should only be used for approved District activities and educational

purposes. Prohibited uses of District technology include, but are not limited to:

1. Causing Harm to Individuals or to Property

a. Use of obscene, profane, vulgar, inflammatory, abusive, threatening, disrespectful

language or images.

b. Making offensive, damaging, or false statements about others.

Posting or printing information that could cause danger or disruption.

c. Bullying, hazing or harassing another person.

d. Deleting, copying, modifying, or forging other users’ names, e-mails, files, or data.

STUDENTS


3239

Page 2 of 4

e. Disguising one’s identity, impersonating other users, or sending an anonymous e-

mail.

f. Posting personal information (e.g. phone number, address) about oneself or any

other person, except to responsible agencies

2. Engaging in Illegal Activities

a. Participating in the sale, purchase or promotion of illegal items or substances

b. Accessing or transmitting:

• pornography of any kind;

• obscene depictions;

• harmful materials;

• materials that encourage others to violate the law;

• confidential information; or

• copyrighted materials without authorization or as provided by fair use

regulations.

c. Attempting to disrupt the computer system or destroy data by any means

3. Breaching System Security

a. Sharing one’s or another person’s password with others

b. Entering another person’s account or accessing another person’s files without

authorization

c. Allowing others to gain access to one’s individual account

d. Interfering with other users’ ability to access their accounts

e. Allowing student access to sensitive data

f. Attempting to gain unauthorized access to another computer

g. Using software or hardware tools designed to interfere with or bypass security

mechanisms

h. Utilizing software or hardware applications that are not approved for business use

i. Attempting to evade the District’s computer filtering software

4. Improper Use or Care of Technology

a. Accessing, transmitting or downloading large files, including posting chain letters or

engaging in spamming

b. Attempting to harm or damage District technology, files or data in any way

c. Alteration of configured equipment, including the addition of unauthorized

passwords and user accounts.

d. Leaving an account open or unattended

e. Attempting to remedy a security problem and not informing a school official

f. Failing to report the abuse of District technology

g. Installing, uploading or downloading unauthorized programs

h. Copying District software for personal use

i. Using District technology for:

• personal financial gain;

• personal advertising or promotion;

• for-profit business activities

• unapproved fundraising

• inappropriate public relations activities such as solicitation for religious

purposes

• inappropriate political purposes

STUDENTS


3239

Page 3 of 4

District Rights and Responsibilities

1. The District reserves the right to block any material on the internet.

2. The District may deny technology access to any student.

3. Technology security shall be a high priority.


Student discipline for violation of any part of this policy shall be based on the student’s age and the

severity of the infraction. Student discipline may involve actions up to and including suspension

and/or expulsion for violations occurring on any District premises or at any District sponsored

activity, regardless of location.

The Superintendent or designee shall submit the violation to the appropriate law enforcement

agency when the circumstances warrant such action.

DEFINITIONS;

On District premises or at any District sponsored activity, regardless of location: shall include,

but not be limited to buildings, facilities, and grounds on the District campus, school buses, District

parking areas; and the location of any District sponsored activity. This includes instances in which

the conduct occurs off the District premises, but impacts a District-related activity.

Adopted:

6/02/97

Reviewed:

8/11/03 -- 7/12/04

Revised:

8/10/00 -- 7/9/01

5/8/06 -- 4/9/07 8/1/03 -- 7/12/04

3/10/08 -- 1/23/09 7/1/07 (4/12/07)

Rewritten 8/9/10 2/22/12 -- 3/12/15

7/1/15(5/11/15)

Cross-Reference: Student Curriculum Requirements (K-12) #2110

Exemptions from Portions of Curriculum #2111

Internet Filtering #2513

Request for Reconsideration of a Website #2514,



Abuse of District Property #3238

Strategic Planning #1310

STUDENTS


3239

Page 4 of 4

Coping Materials #3242

Cheating #3243

Student Records and Release of Student Directory Information #3600

Code of Ethics of the Idaho Teaching Profession #5200, #5200E


Non-School Employment and Activities #5250

Employee Conflict of Interest #5252

Legal Reference: 7 USC Section 101 et seq.

IC 6-210

IC 18-1514

IC 18-2201

IC 18-2202

IC 33-131

PL 106-554 Children’s Internet Protection Act (CIPA)

STUDENTS


3240

Page 1 of 1

Student Bus Conduct

Riding a school bus is a privilege and not a right. It is a privilege which each rider can keep by

maintaining appropriate behavior and in complying with all District policies while waiting at the

bus stop, loading, riding, and unloading. Proper conduct by the students contributes greatly to the

safety of the pupil transportation program. With this in mind, the Superintendent or designee shall

develop appropriate procedures for student bus conduct.


Disciplinary action for violation of this policy or Student Bus Conduct Procedures may involve, up

to and including, suspension and/or forfeiture of transportation privileges.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/12/99

10/23/06

7/1/15(5/11/15)

Legal Reference: IC 33-506(1)

IDAPA 08.02.02.180



STUDENTS


3240P

Page 1 of 2

Student Bus Conduct Procedures

In order for the District to provide safe transportation, the rules of student bus conduct shall

include but not be limited to the following:

1. The bus driver is in full charge of all persons riding on the bus and has the same status and

authority as a teacher insofar as discipline is concerned. Pupils shall obey the directions of

the bus driver promptly and courteously.

2. Students shall board and leave the bus at their established stop, except when they have a

request signed by their parent/guardian to board or leave from another established stop.

Students shall ride their assigned bus unless reassigned by the respective school

principal/designee.

3. Students shall observe safe pedestrian practices while walking to and from the bus stop.

Students shall arrive at their designated bus stop not less than five (5) minutes nor more

than ten (10) minutes before the bus is scheduled to arrive. Pupils shall wait in an orderly

manner and shall respect private and public property while waiting at the bus stop.

4. After the bus has come to a complete stop, pupils shall enter the bus, go directly to an

available or assigned seat, and remain seated until the bus stops to unload pupils.

5. If it is necessary for pupils to cross the road before boarding or after leaving the bus, the

pupil must wait twelve (12) feet in front of the bus until an “all clear” signal is given by the

driver, then cross carefully.

6. Pupils shall talk quietly and avoid loud or distracting noises on the bus. Pupils shall avoid

unnecessary conversations with the driver while the bus is moving. Absolute silence is

required when the driver stops the bus at a railroad crossing.

7. Pupils shall not tamper with emergency doors or equipment.

8. Pupils must keep all parts of their body (hands, arms, feet, head, etc.) inside the bus at all

times. No materials are to be thrown inside the bus, from the bus, or into the bus. Eating or

drinking is not allowed on the bus except when unusual circumstances exist and prior

approval is given by school transportation personnel.

9. District policies and procedures pertaining to drugs, alcohol, tobacco, controlled substances,

weapons, harassment, bullying, hazing and sexual harassment are in effect at the bus stop

and on the bus.

10. Breakable containers, skateboards, hazardous materials, cigarette lighters, matches, or

animals, other than assistance animals, are not permitted on any school bus. Any items

carried on the bus must be small enough to be held on the lap of the student.


The bus driver shall first endeavor to convey to the student the seriousness of the violation of any

of the Student Bus Conduct Procedures. Upon continued violation, the driver shall refer the student

to the principal or designee of his/her respective school. The principal or designee shall seek to

impress upon the student the need for improvement in bus conduct and may utilize various

consequences for initial misbehavior on the bus including, but not limited to, a warning, an in-

school detention, and/or a conference with the student, parent/guardian, and bus driver.

STUDENTS


3240P

Page 2 of 2

Persistent or serious violations of bus conduct procedures may result in the

suspension of the student’s transportation privileges. Unless there are extenuating circumstances,

the principal, the District’s supervisor of transportation, or designee may suspend the student’s bus

transportation privilege as follows:

First suspension

Three (3) school days

Second suspension

Five (5) school days

Third suspension

Transportation privileges may be permanently

revoked

Written notice to the parent or guardian will be provided with each suspension and/or permanent

revocation of transportation privileges.

The calculation of days in a bus transportation suspension for a student may exclude those days

when the student is not in attendance.

Vandalism/destruction of school bus property will result in payment for damages and possible

forfeiture of all school bus privileges for one (1) calendar year (365 days) from the date of

occurrence.

THIS PROCEDURE WAS BOARD APPROVED


7/9/01(3/12/01)

7/01/02(5/21/02)

7/15/03(6/09/03)

7/1/07

7/1/13 (2/11/13)

7/1/15 (5/11/15)



STUDENTS


3241

Page 1 of 1

Personal Electronic Devices

The Board believes in the importance of technology in creating a conducive learning environment

for students. Student use of personal electronic devices may be disruptive to the learning

environment. However, personal electronic devices may be used for educational purposes under

the direction of the administrator or designee. Such use must not disrupt the learning environment

and shall comply with District policy Student Technology Use #3239.


Any student found using technology in District classrooms or hallways during the school day

without permission from the principal or designee may have the device confiscated until the end of

the day. Subsequent unauthorized use may result in the technology being confiscated until the end

of the school year or until a parent/guardian claims it.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

4/25/00

7/9/01(3/12/01)

7/15/03(5/12/03)

7/01/04 (5/10/04)

8/9/10

7/1/13 (2/25/13)

7/1/15(5/11/15)




STUDENTS


3242

Page 1 of 1

Copying Materials

All employees, students and visitors of the District shall abide by current copyright laws.

Copying of materials not specifically allowed by the copyright laws, fair use guidelines, license

agreements or proprietor’s permission is strictly forbidden. Unlawful copies may not be

reproduced on District owned equipment, and may not be used with District owned equipment, in

District owned facilities, or at District sponsored functions.

Employees who make and/or use copies of copyrighted materials in their jobs are expected to be

familiar with published provisions regarding the use, duplication, and retention of copyrighted

materials.


1. for an employee, may involve actions up to and including dismissal.

2. for a visitor, may involve actions up to and including future prohibition from entering any


3. for a student, may involve actions up to and including suspension, and/or expulsion.

In the event the copyright is held by the District, the Superintendent or designee may refer

suspected infringements of copyright to legal counsel.

Adopted:

7/1/00

Reviewed:

8/11/03 -- 5/8/06

Revised:

8/10/00

1/23/09 -- 2/22/12 7/01/02(5/21/02)

3/12/15

Legal Reference The Copyright Act of 1976

Title 17, U.S. Code

STUDENTS


3243

Page 1 of 1

Cheating

Cheating in any form or manner on any school premises or at any school-sponsored activity,

regardless of location, is prohibited.


Based on the student’s age and the severity of the infraction. Disciplinary actions for violation of

this policy may involve up to and including suspension and/or expulsion. If a student is removed

from class for cheating he/she will receive “NC” for No Credit if passing the class or an “F” if failing

the class.

DEFINITION



District parking areas; and the location of any District sponsored activity. This includes instances

in which the conduct occurs off the District premises but impacts a District-related activity.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

8/10/98

7/9/01(3/12/01)

8/1/05(6/11/05)

7/1/15(5/11/15)


IC 33-512(6)



STUDENTS


3260

Page 1 of 2

Searches by District Officials

The Board must provide an atmosphere conducive to the pursuit of educational goals, while

adhering to the students’ constitutional rights. This may include the District official’s right to

search a student’s person and/or personal property, including, but not limited to backpacks, purses,

wallets, and athletic bags, when it is in the interest of the overall welfare of other students or is

necessary to preserve the good order and discipline of the school, and reasonable suspicion exists

that the student is in possession of materials which violate District policy, procedure or law.

Reasonable suspicion by District officials is defined as suspicion that is particularized with respect

to each individual searched based on the reasonable judgment or belief that the student is in

possession of materials in violation of District policy, procedure or law. Reasonable suspicion by

District officials need not be based on a single factor, but is based on the “totality of the

circumstances”, including misconduct by the student. In order for a search to be reasonable, it must

be justified at its inception and be reasonably related in scope to the circumstances which initially

justified the search.

Intrusive searches, such as strip searches or body cavity searches will not be conducted by school

personnel. If necessary, the District will refer the student to law enforcement. The search measures

used in any situation must be reasonably related to the objectives of the search and must not be an

excessive intrusion in light of the age and sex of the student, and the nature of the infraction.

Desks and lockers assigned to students are District property and remain at all times under the

control of the District. The student shall be responsible for the proper care, use and security of the

desk or locker assigned for his or her use. Desks and lockers may not be used by a student for the

storage of materials which violate District policies or laws, are potentially harmful items, or are a

threat to safety or security, including, but not limited to, weapons, drugs, and alcohol. Periodic

general inspection of lockers and desks may be conducted by authorized District officials for any

reason at any time without notice, without consent, and without a search warrant. District officials

may seize and retain, or turn over to law enforcement officials, any contraband items or evidence

found in a school desk or locker.

Students are permitted to park on school campuses as a matter of privilege, not a right. The school

retains the authority to conduct routine patrols of school parking lots and inspections of the

exteriors of automobiles on school campuses. The interiors of vehicles on school campuses may be

inspected whenever an authorized District official has reasonable suspicion that materials which

violate District policy or law are contained inside. Such patrols and inspections may be conducted

without notice, without consent, and without a search warrant.

STUDENTS


3260

Page 2 of 2

DEFINITION






and events, a search is permissible where a school official has reasonable suspicion based on the



Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/14/00

7/9/01(3/12/01)

8/1/05(6/11/05)

7/1/06 (5/8/06)

Cross-Reference: Drug, Alcohol, and Tobacco Use #3233

Weapons #3236

Detection Drug Dog Use #3261

Legal Reference: IC 18-3302D

New Jersey v. TLO, 469 U.S. 325 (1985)


Source Reference: Idaho School Search Resource Guide, Idaho Department of Education



STUDENTS


3261

Page 1 of 2

Detection Dog Use

The Board is committed to providing a safe and secure environment for all students, staff and

visitors in order to maximize learning opportunities. As such, the Board authorizes the

Superintendent or designee to use detection dogs affiliated with law enforcement when warranted

and within the limits of this policy for:

• a sweep, a planned deterrent and detection program;

• a search, which is based on reasonable suspicion or probable cause; or

• a demonstration or an educational program.

Detection dogs may be used on any district premises. For the purpose of this policy, district

premises shall include but not be limited to buildings, facilities and ground on the school campus,

school buses, properties leased by the District and school parking areas.

When detection dogs are used for a sweep the following conditions must be met prior to the actual

sweep:

• annual notification to affected groups; and

• annual general inspection plan approved by the Superintendent or designee. The plan will

include:

� the nature of the contraband sought (e.g. controlled substances, explosives);

� the method employed to ensure a random selection process; and

� the possible locations to be searched (e.g. lockers, parking lots).

DEFINITIONS

Controlled substances: are defined in 21 USC Section 812 and include, but are not limited to




nervous system.






Drug paraphernalia: all equipment, products and materials of any kind which are used, intended





STUDENTS


3261

Page 2 of 2




and events, a search is permissible where a school official has reasonable suspicion based on the



Sweep: the use of a trained detection dog according to a general inspection plan to detect the odor

of contraband. A sweep is distinct from a search in that it is minimally intrusive to the individual,

and does not require reasonable suspicion because it does not include intrusion into areas or

property in which an individual has a reasonable expectation of privacy. However, the results of a

sweep may generate the reasonable suspicion needed for a school official to execute a legal search.

General inspection plan: a general inspection plan is one that is based on objective criteria

established in advance by the site administrator. The plan ensures a random and unbiased selection

of search locations. This random selection reduces the onus upon those individuals whose property

is searched as well as being a defense against accusations of capricious or harassing selection by

district officials. A general inspection plan may include the use of drug detection dogs.

Adopted:

1/10/05

Reviewed:

Review Annually

Revised:

7/1/14(2/10/14)

Cross-Reference: Weapons #3236

Safe and Secure Leaning/Working Environment #3310

Drugs, Alcohol and Tobacco Use #3233

Searches by District Officials #3260

Source Reference: Idaho School Search Resource Guide, Idaho Department of Education

Legal Reference: Idaho Code section 18-3302D

New Jersey v. TLO, 469 U.S. 325 (1985)

Tinker v. Des Moines, 393 U.S. 503 (1969)


Elementary Student Planner

STUDENTS


3261P

Page 1 of 1

Detection Dog Use Procedures

• Detection dogs will not be used to search an individual, and will not be used in the

immediate presence of students.

• Detection dogs may be deployed to search or sweep lockers, personal items (i.e. backpacks,

purses) or vehicles on district property.

• Although detection dogs may be affiliated with law enforcement, the site administrator shall

retain authority throughout the District initiated sweep and is responsible to conduct any

investigation, initiate any searches, interview students, contact parents and administer

disciplinary sanctions as appropriate.

• If a detection dog alerts to a vehicle, property or area owned or controlled by a District

employee, visitor or other individual who is not a student, the investigation will be

transferred to law enforcement and will proceed under the authority of the law

enforcement officers on scene.

• Potential alert signals will be interpreted only by the dog handler, and will be

communicated to the site administrator.

• If contraband is discovered by school officials, it may be retained or turned over to law

enforcement as evidence.

Sweep

• Students, parents and staff will be notified annually in writing through student handbooks

or other means prior to any District initiated sweep.

• Prior to any District initiated sweep a random inspection plan and schedule must be

submitted to the District Safety and Security Specialist and approved by the Area Director to

ensure that all potential searchable locations have an equal chance of being inspected and

that selection is random, unbiased and legally defensible.

• A sweep is distinct from a search in that it is minimally intrusive to the individual, and does

not require reasonable suspicion, however, the results of a sweep may generate the

reasonable suspicion needed for a school official to execute a legal search.

Search

• An alert by a trained and certified detection dog provides reasonable suspicion, upon which,

school officials may initiate a search of the person’s property.

• Criminal investigations initiated by and under the authority of Law Enforcement officials

may result in different procedures being used.

Cross Reference: Drugs, Alcohol and Tobacco Use #3233

Weapons #3236


Safe and Secure Leaning/Working Environment #3310

Adopted: 1/10/05 Reviewed: Review Annually Revised:

STUDENTS


3270

Page 1 of 2

Reasonable Physical Force

Reasonable physical force may be used upon a student with or without advance notice when a

reasonable person would deem necessary the use of such force:

• for self-defense;

• for the protection of others or the student;

• the preservation of order; or

• to protect District property.

The nature and severity of the physical force should be commensurate with the circumstances of

the situation. The following factors should be considered in determining whether the force used

was appropriate:

• the purpose, including the safety and security of others;

• age, strength, attitude, and past behavior of the student; or

• availability of less severe but equally effective means of dealing with the situation.

The Board believes that corporal punishment does not deter disruptive behavior. Therefore, it may

not be used to discipline students.

The provisions of this policy apply to incidents which occur on any District premises or at any

District sponsored activity, regardless of location.


1. for an employee, may involve actions up to and including dismissal.

2. for a visitor, may involve actions up to and including future prohibition from entering any

District premises or attending any District sponsored activity, regardless of location.



DEFINITIONS





Corporal Punishment: physical punishment, as spanking, inflicted on a child by an adult in

authority.

STUDENTS


3270

Page 2 of 2

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01(3/12/01)

7/15/03(6/09/03)

7/1/12 (4/9/12)

Cross-Reference: Bullying, Hazing, and Harassment #3231

Weapons #3236

Assault and Battery #3237

Abuse of District Property #3238

Child Abuse #3330


STUDENTS


3271

Page 1 of 1

Guidelines for Disciplinary Actions

A principal or designee has the power and authority to treat each student individually in

determining the appropriate disciplinary action in the most effective manner. A principal or

designee has a responsibility to protect the health and welfare of all students, employees, or

visitors, and must take into consideration all factors present at a particular situation, including, but

not limited to, the intent, degree of actual or potential endangerment or damage, degree of

intimidation or fear, and the age of the student.

Whenever possible, the principal or designee should:

• involve the parent/guardian; and

• choose a discipline option which is aimed at improving behavior and enhancing academic

achievement while maintaining a safe and secure learning environment;

• collaborate with school counselor if needed.

A principal or designee has the authority and discretion to:

• order in-school detention, temporary suspension, Saturday/Afternoon School, other

appropriate consequences;

• recommend extended suspension or expulsion; and/or

• refer a student to the proper law enforcement authority if illegal activity may be involved.

DEFINITION

Saturday/Afternoon School: can be required by a principal or designee as a disciplinary measure.

A student can be required to attend school on Saturday or after school, during particular hours, and

will be required to work on class assignments. If a student is required to attend

Saturday/Afternoon School and fails to go, the student may be suspended by the principal or

designee and/or may lose class credit.

Adopted:

8/11/97

Reviewed:

Review Annually

Revised:

7/1/00

7/15/03(5/12/03)

7/1/07

7/1/11 (3/14/11)

Cross Reference: Major Disciplinary Violations #3272


Disciplining Students with Disabilities #3274



STUDENTS


3272

Page 1 of 2

Major Disciplinary Violations

In most circumstances, the following shall govern discipline for major disciplinary violations.

However, principals or designees have, within their discretion, the authority to vary from this

policy.

1. First Violation. The principal or designee will hold a conference with the student. The

student’s parent/guardian will be notified in writing of the major disciplinary violation and

a conference with the parent/guardian may be arranged. Discipline may involve up to and

including suspension and/or expulsion.

2. Second Violation. The principal or designee will hold a conference with the student. The

principal or designee will notify the student’s parent/guardian in writing of the disciplinary

violation and will attempt to arrange a conference with the parent/guardian and the

student. Discipline may involve up to and including suspension and/or expulsion.

3. Third and Subsequent Violations. The principal or designee will hold a conference with the

student’s parent/guardian. If a student has committed three violations during a single

semester, or four violations in the three years of junior high or senior high, extended

suspension or expulsion proceedings shall be considered. Repeated major disciplinary

violations at the elementary level may be grounds for consideration of an extended

suspension or expulsion.

The Board delegates to the Superintendent the responsibility of determining if a student is a

habitual truant. The Superintendent or designee shall notify the prosecuting attorney’s

office according to Idaho Code 33-205 and 33-206.

Definition of Major Disciplinary Violations

Depending on the gravity of the infraction, the following, when occurring on any school premises or

at any school-sponsored activity, regardless of location, may be considered examples of major

disciplinary violations.

1. Truancies

2. Insubordination toward or non-compliance with a District official’s direction

3. Unauthorized entry, theft, or vandalizing of school campuses or property of school

employees, students, or visitors

4. Verbal, written or physical abuse (e.g. hazing, fighting, threats, bullying) of other students,

school employees, or visitors

5. Harassment or intimidation of others (e.g. physical characteristics, actual or perceived

sexual orientation/gender identity, national origin, etc.)

6. Drug, alcohol or tobacco use

7. Bringing a weapon or an explosive device on a school campus

8. Inappropriate technology use

9. Making bomb threats or activating the school fire alarm without appropriate cause

10. Refusal of students to identify themselves to school personnel upon request

STUDENTS


3272

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11. Unsafe driving

12. Involvement with gangs and hate groups

DEFINITIONS

Habitual Truant: any child whose parents/guardians has failed or refused to cause such child to be

instructed as provided in Idaho Code.





Adopted:

8/11/01

Reviewed:

Review Annually

Revised:

7/14/00

7/9/01(3/12/01)

7/14/03

7/01/04 (5/10/04)

7/01/05 (6/11/05)

7/1/06 (5/8/06)

8/9/10

Cross-Reference: Attendance, Absences and Tardies #3121

Student Dress Code #3223

Student conduct #3230


Sexual Harassment #3232 & 3233BP

Gangs #3234

Weapons #3236


Abuse of Property #3238


Cheating #3243

Searches by District officials #3260

Guidelines for Disciplinary Actions #3271



Student Organizations #3511

Legal Reference: IC 18-917 Hazing

IC 33-205 Denial of School Attendance

IC 33-206 Habitual Truant Defined


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In-School Detention, Suspension and Expulsion

Each principal or designee has the authority:

• to impose in-school detention, temporary suspension, or emergency suspension;

• to deny admission of a student who was expelled in another district;

• to recommend extended suspension or expulsion to the Board; or

• to recommend the Board make contact with the prosecuting attorney regarding habitual

truancy as required by Idaho Code 33-205 and 33-206.

In order to promote active parent/guardian involvement, the principal or designee:

• will attempt to provide verbal notification of the suspension as soon as possible;

• will provide written notification concerning the suspension; and

• may arrange a conference.

I. Due Process Rights and Responsibilities for In-School Detention, Temporary Suspension and

Emergency Suspension

The principal or designee may temporarily suspend any student for conduct which is not in

compliance with District policy or procedure, is disruptive to the educational process, or

infringes upon the rights, property, and safety of others.

Prior to suspending any student, the principal or designee shall provide rudimentary due

process to the student by granting an informal hearing on the reasons for the suspension and

the opportunity to challenge those reasons unless an emergency suspension is necessary. If an

emergency suspension is necessary, the principal or designee will hold an informal hearing as

soon as possible after the emergency ceases to exist.

A parent/guardian does not have the right to appeal an in-school detention, a temporary or

emergency suspension to a hearing panel, Council of Directors, or the Board. However, the

parent/guardian may request, and the appropriate Director or designee may choose to review,

an in-school detention, temporary or emergency suspension. The Director shall limit the scope

of the review to questions concerning the appropriate interpretation and implementation of

applicable laws, rules, District policies and procedures.

The principal or designee who suspended the student may prescribe reasonable conditions as a

requirement for the student’s re-admittance.

II. Due Process Rights and Responsibilities for Extended Suspension and Expulsion

A. Hearing Panel

1. The Principal or designee shall give written notice to the parent/guardian of the

student. The notice shall state:

a. that the principal recommends that the student be given an extended

suspension or an expulsion, and shall set forth the duration of the proposed

disciplinary action;

b. the grounds for the recommended action;

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c. that if the parent/guardian disagrees with the recommended action he or she

may, within five (5) school days, request a hearing before a hearing panel by

contacting the Director listed in the written notice;

d. the time and place where such parent/guardian may appear to contest the

recommended action; and

e. the right of the student to be represented by counsel, to produce witnesses,

and submit evidence on his or her own behalf, and to cross-examine any adult

witnesses who may appear against him or her.

2. The principal or designee should deliver the written notice within three (3) school

days of the conduct.

a. Delivery of the written notice should fall within the time period of the

temporary suspension.

b. The principal or designee shall either hand-deliver the written notice or use

certified or registered mail to the last known address of the parent/guardian.

3. The appropriate Director shall convene the hearing panel. It shall consist of the

Director or designee as the hearing officer and three (3) certificated staff members.

a. The three (3) certificated staff members shall be individuals who have not

been involved in the disciplinary action in question.

b. The Director or designee shall be present during the hearing as the hearing

officer, but shall not vote on any decision.

c. The hearing panel need not follow the formal rules of evidence observed by

the courts; however, the evidence presented must be of the type upon which

reasonable persons rely upon in serious matters.

d. The burden of proof is upon the District officials to prove that the student

committed a disciplinary violation and that the recommended action is

supported by the evidence.

e. The hearing panel may uphold or reject the principal’s recommendation or it

may recommend other consequences to the Director.

4. The hearing panel shall put their decision in writing within three school days and

mail a copy of the decision to the parent/guardian of the student, and to the

student’s attorney, if any. The letter shall set forth the appeal process to the Council

of Directors available to the parent/guardian if they disagree with the written

decision.

5. If the decision of the hearing panel is to expel the student, the issue will

automatically go to a Council of Director’s hearing.

B. Council of Directors

The parent/guardian may appeal a decision for an extended suspension to the Council of

Directors for a hearing within five (5) school days of receipt of the hearing panel’s decision.

Student and parent/guardian rights, as outlined Section, II A of this policy shall apply. The

Council of Directors shall put their decision in writing within three school days after the

hearing.

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1. If the Council of Directors rule in favor of an extended suspension, the

parent/guardian may appeal the decision to the Board. The parent/guardian must

submit an appeal within five (5) school days of receipt of the Council of Directors'

decision.

2. If the decision of the Council of Directors is to expel the student, the issue will

automatically go to a Board hearing.

C. Board of Trustees

The following process will be followed when a disciplinary action is referred to the Board:

1. The Director or designee shall give written notice to the parent/guardian. The

notice shall state:

a. the grounds for the recommended action;

b. the time and place where such parent/guardian may appear to contest the

recommended action; and,

c. the right of the student to be represented by counsel, to produce witnesses,

and submit evidence on his or her own behalf, and to cross-examine any adult

witnesses who may appear against him or her.

2. Within a reasonable period of time, the Board shall grant the student and his or her

parent/guardian a full and fair hearing.

3. The Board shall allow a reasonable period of time between such notification and the

holding of such hearing to allow the student and the parent/guardian to prepare

their response to the charge.

4. Any student within the age of compulsory attendance [ages seven (7) through

sixteen (16)], who is given an extended suspension, expulsion, or denied enrollment

under this policy shall come under the purview of the Juvenile Corrections Act and

an authorized representative of the Board shall file a petition with the magistrate

division of the district court of the county of the student's residence in such form as

the court may require.

5. The Board may expel a student permanently. However, the parent/guardian may

petition the Board for reinstatement at a later date as described in section IV of this

policy.

6. If no disciplinary action is found to be warranted by the Board, all notations and

records of the alleged disciplinary action shall be removed from the school records

and shall not be placed in the student’s educational record.

III. Due Process Rights and Responsibilities for Students Expelled From Another District

Except in extenuating circumstances, a student expelled from another school district shall be

denied the right to enroll in the Boise School District for the period of time that student has

been expelled by the other district.

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The parent/guardian of a student denied enrollment because the student was expelled from

another school district shall have the right to request a hearing before the Council of Directors.

The Council of Directors has the discretion to:

1. refer the petition to a hearing panel as described in Section II of this policy; or

2. have a hearing before the Board.

Except in extenuating circumstances, the purpose of the hearing shall be solely to determine

whether the student at issue has been expelled from another school district, and the length of

any such expulsion.

IV. Reinstatement of Boise School District Students

The parent/guardian of an expelled Boise School District student must petition the Board for

the student to be reinstated. The Board may choose to:

1. deny the petition without a hearing, except in cases where denial countermands an earlier

Board decision;

2. refer the petition to a hearing panel as described in Section II of this policy;

3. allow the Superintendent or designee to make the determination, however, if the

Superintendent or designee denies the petition, the parent/guardian

has the right to appeal the decision to the Board;

4. have an informal hearing before the Board; or

5. allow reinstatement of the student without a hearing.

Once the Board receives a petition for re-admittance, the Board shall determine one of the

above courses of action at its next regularly scheduled meeting. The Board shall send written

notification of the decision to the parent/guardian. Readmission shall not prevent the Board

from expelling the student for subsequent cause.

V. Students Eighteen Years and Older

A student who is affected by this policy and is eighteen years old or older has the right to

receive written notification separate from his/her parent/guardian.

DEFINITIONS - The following definitions shall apply to District students and students seeking

admission to the District:

In-School Detention: one in which the student remains in school, isolated from peers. The student

is considered present in school for attendance purposes. Make-up work is allowed as outlined in

Make-up Work Policy #2621.

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Suspension: the involuntary removal of a student from school attendance not to exceed a school

semester.

Temporary Suspension: limited to 20 school days or less. A temporary suspension by the

principal shall not exceed five (5) school days in length. The Superintendent or designee may

extend the temporary suspension an additional ten (10) school days. If the Board finds that

immediate return to school attendance by the temporarily suspended student would be detrimental

to other students' health, welfare, or safety, the Board may extend the temporary suspension for an

additional five (5) school days. The student is considered absent for attendance purposes. Make-

up work is allowed as outlined in Make-up Work Policy #2621.

Emergency Suspension: occurs with any of the above types of suspension when, because of the

circumstances, and because it is necessary to protect the health and safety of all students, a student

is suspended without first receiving an informal hearing on the reasons for the suspension and the

opportunity to challenge those reasons.

Extended Suspension: any suspension for a particular infraction that is beyond a temporary

suspension and is for the remainder of the school semester. The student does not receive credit for

make-up work and, if applicable, loses credit for that semester.

Expulsion: the removal or exclusion of a student from the immediate supervision and control of

school beyond the balance of the school semester.

Council of Directors: refers to a body which is composed of the District’s directors acting in their

capacity as an appeal panel.





Adopted

6/2/9

7

Reviewed:

Review Annually

Revised:

7/01/00

7/09/01 (3/12/01)

11/10/03

7/01/05 (6/11/05)

7/1/06 (5/8/06)

10/23/06

7/1/14(2/10/14)

7/1/15(5/11/15)

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Cross Reference: Major Disciplinary Violations #3272

Drug, Alcohol & Tobacco Use Procedure #3233

Weapons #3236


Suspension from Extracurricular and Co-Curricular Activities #3580

Legal Reference: IC 20-510 Information - Investigation – Petition

IC 33-205 Denial of School Attendance

IC 33-206 Habitual Truant Defined

Goss v. Lopez, 419 U.S.565 (1975) FERPA

Jones v. Independent School District of Boise City, 4th Judicial District,

Case No. 97539 (1994)


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Disciplining Students with Disabilities

Students Covered by IDEA

The current Idaho Special Education Manual and all subsequent amendments to the manual as

developed by the Idaho State Department of Education, Special Education Section, shall be the

official manual of the District for disciplining students with disabilities under the Individuals with

Disabilities Education Act (IDEA). The Superintendent or designee will note and receive prior

approval from the State Department of Education for any policies adopted by the Board that vary

from the Idaho Special Education Manual.

Students Covered by Section 504

Students with disabilities, as defined by Section 504 of the 1973 Rehabilitation Act, shall be

disciplined in the following manner:

• a suspension that exceeds ten (10) consecutive school days constitutes a change in

placement and may occur only after the requirements of a manifestation determination and

notice are met; and

• a suspension may only exceed ten (10) cumulative school days in a school year if a Section

504 Team determines the exclusion would not constitute a significant change in placement

or if the requirements of a manifestation determination and notice are met.

The Section 504 Team will consist of individuals who are knowledgeable about the student, the

meaning of the evaluation data, and the placement options. The Section 504 Team will review the

following factors to determine if the cumulative suspensions constitute a significant change in

placement by reviewing the following factors:

• the length of each suspension;

• the proximity of the suspension to one another; and

• the total amount of time the student is excluded from school.

If the Section 504 Team determines that the exclusion being considered would not constitute a

significant change in placement, a manifestation determination is not required. If the Section 504

Team determines that the exclusion would constitute a significant change in placement, the school

will conduct a manifestation determination as set forth below.

Manifestation Determination

Prior to implementing an expulsion or suspension that constitutes a significant change in placement

for any student with a disability as defined by Section 504 of the 1973 Rehabilitation Act, a Section

504 Team will make a “manifestation determination” which involves a review of the student’s

misconduct, the student’s disability and the services provided to the student: The Section 504 team

must answer the following questions:

• Was the conduct in question caused by, or directly and substantially related to the student’s

disability?

• Was the conduct in question the direct result of the District’s failure to implement the 504

plan?

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STUDENTS


In reviewing the issues set forth above, the Section 504 Team will review information regarding the

student’s disability that is recent enough to afford an understanding of the student’s current

behavior. In the absence of reasonably current information about the student’s disability, the

District will conduct, or cause to be conducted, additional evaluation(s) regarding the student’s

disability before making the manifestation determination. If either manifestation determination

question answer is “yes”, the student will not be suspended or expelled. However, the section 504

Team may determine that a placement change is necessary for that student.

If the answers to both the issues set forth above are “no”, the school may proceed with the

recommendation of suspension or expulsion in the same manner as for similarly-situated students

who do not have disabilities.

If the student’s parent/guardian disagrees with the Section 504 Team’s manifestation

determination, he/she may request a hearing under the District’s Section 504 hearing procedure.

The student may be suspended or expelled during the hearing process so long as proper

procedures are followed. Educational services may cease after suspension or expulsion to the same

extent education services cease for non-disabled peers.

Disciplining Students Who Are Current Users of Illegal Drugs or Alcohol

With respect to Section 504 (but not IDEA), a disabled student who is a current user of illegal drugs

or alcohol can be disciplined for the use or possession or distribution of illegal drugs or alcohol in

the same manner and to the same extent as a non-disabled student. Under these circumstances,

Section 504 does not protect the student and a manifestation determination is not required.

Section 504 protections, including manifestation determination requirements, apply to disabled

students who are current users if the disciplinary violation does not involve the possession,

distribution or use of illegal drugs or alcohol.

Notice

The parents/guardians shall be notified in writing of all Section 504 Team decisions concerning the

identification, evaluation, or educational placement of students made under this policy.

DEFINITIONS:

Current Use of Illegal Drugs or Alcohol - as defined in the ADA Amendment Act of 2008: use

that occurred recently enough to justify a reasonable belief that a person’s drug use is a real and

ongoing problem.

7/1/10 (3/22/10)

7/1/12 (4/29/12)

Adopted: 6/2/9

7

Reviewed: Review Annually Revised: 7/12/99

7/15/03 (5/12/03)

3/10/08 -- 1/23/09

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Section 504 Students #2211


Legal Reference: I.C. 33-2001 et seq., Individuals with Disabilities Education Act, 20

U.S.C.

1400 et seq. 34 C.F.R. part 300

Section 504 of the 1973 Rehabilitation Act

29 U.S.C. Ch. 16 Sacs 706(8) and 794-794b

34 CFR Part 104

I. C. Section 33-205

Akron (OH) City School District. OCR Letter, 19 IDELR 542 (1992)

Discipline of Student with Disabilities in Elementary and Secondary

Schools, OCR, October 1996

Section 504 Forms and Policies for Idaho School Districts

Handbook Reference: Idaho Special Education Manual



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Safe and Secure Learning/Work Environment

The Board holds the safety of every student, employee, and school visitor as one of its highest

priorities. A safe and secure learning/work environment for students, staff and visitors is required

in order to maximize educational opportunities. While the Board cannot guarantee elimination of

all threats, the Board directs and supports the administration in the implementation of policies and

procedures which are designed to reduce and minimize safety risks.

The Board requires that all conduct that is reasonably suspected to be a crime or serious incident

which did or may compromise the safety and security of the District learning/work environment be

reported to the Superintendent or designee. The Superintendent or designee will collect and

analyze this data to identify problem areas and develop prevention/intervention strategies, policies

and/or procedures to continually improve the safety of the school environment. In addition, all

suspected crimes will be reported to the appropriate law enforcement agency.

Whenever appropriate, the District will cooperate with other individuals, businesses, organizations,

or governmental entities to promote a safe community for the betterment of all children.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

8/10/00

7/1/13 (2/25/13)

Legal References: I.C. 33-506(1)

I.C. 33-512(4)

I.C. 33-1222 Freedom from Abuse

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Visitor Identification

The Board encourages and welcomes parents/guardians and other individuals with legitimate

school business to visit and be a part of school events. To protect the safety of students from

unauthorized persons or illegal activity, all visitors must sign in at the school office and wear an

identification badge during their visit. Signs shall be posted at each entry way in each school

building requiring all visitors to report to the school office during school hours.

Individuals who fail to comply with this policy may be questioned, asked to leave, referred to the

appropriate law enforcement agency, and/or denied further access.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

6/1/98

7/9/01(3/12/01)

7/01/02(5/21/02)

7/1/09 (3/9/09)

7/1/13 (2/25/13)

Legal References: I.C. 33-506(1)

I.C. 33-512(4)(11)(16)

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Releasing Students to Authorized Individuals

District personnel will make every effort to release a student to only those individuals who have

authorization from the parent/guardian. The District will take steps to be in compliance with court

orders, provided that it has been given a copy of such orders. It is the responsibility of the

parent/guardian to provide the school principal or designee with a copy of the most recent court

orders, if restricted access to a student or student information is requested.

Adopted:

3/9/98

Reviewed:

Review Annually

Revised:

Legal Reference: I.C. 32-717A

I.C. 32-717B(4)

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Security Imaging System

The Board holds the safety of every student, employee, and visitor as its highest priority.

Additionally, the Board is responsible for the protection of District property. As such, the Board

authorizes the Superintendent or designee to implement the use of security imaging systems on

District property in response to clearly defined safety and security needs or upon reasonable

suspicion of Board policy violations and/or criminal activity and in accordance with this policy.

The Board requires that:

• the security imaging system provides an additional tool to school personnel for safety,

security or investigations of Board policy violations and/or criminal activity;

• the security analysis and needs assessment provide evidence of need prior to the purchase

of a security imaging system;

• cameras are only installed in public areas, not in areas with a reasonable expectation of

privacy;

• any security imaging equipment must not be used to receive or record audio data, with the

exception of school buses when prior approval has been granted by the Superintendent or

designee for safety purposes and within a designated time frame.

• no permanently inoperable cameras are installed, but the security imaging system may have

sporadic operation and/or monitoring;

• signs are posted on District property alerting the reader of the use of the security imaging

system;

• notice of the use of the security imaging system is in student handbooks and appropriate

employee and community notification;

• individuals requesting to view or copy image data must follow the District’s policies and

procedures; the Family Educational Rights and Privacy Act (FERPA), as well as any other

applicable laws;

• the review of security imaging data is limited to those who have a legitimate educational,

safety or security interest;

• image data will not be used for staff performance evaluations; and

• image data may be used for investigations of Board policy violations and/or investigations

of criminal activity by the appropriate law enforcement agency.

DEFINITION:

Camera: a device used to capture images.

Permanently Inoperable Camera: any inoperable device intended to deter security, safety or

discipline violations through a similarity in appearance to an actual camera.

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Security Imaging System: any combination of components integrated into a cohesive whole,

designed and installed with the intention of capturing, transmitting, recording and viewing images

relating to security, safety investigations of Board policy violations and/or criminal activity.

Adopted: 5/21/02(7/1/02) Reviewed: Review Annually Revised: 4/9/07

7/1/09 (3/9/09

7/1/12 (4/9/12)

7/13/15

Legal References: Family Educational Rights and Privacy Act (FERPA)

IC 18-6701 et seq.

34 C.F.R. Part 99

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Security Imaging System Procedures

1. Use Procedures

• The Director, Building or Site Administrator, and Safety and Security Specialist will

perform a security analysis and needs assessment of the site before purchasing a security

imaging system. The assessment will include: identification of safety and security need,

location of the cameras, monitoring responsibilities, staff training, confidentiality and

privacy issues, review and use of security imaging data, retention timelines and patron

notification. The Director, Facility Administrator, and Safety and Security Specialist will

also review these procedures for compliance.

• System monitoring will be the responsibility of on-site security and/or administrative

personnel. The designated monitors will be trained in the complete operation of the

system. Designated monitors will be trained by the installer on the technical aspects of

operation and by the Safety and Security Specialist on the procedural and administrative

aspects of operation.

• The installation of security imaging systems will not serve as a replacement of existing

safety, security or investigative measures.

• Image data should be retained for not less than 14 days.

• Image data pertaining to disciplinary actions should be retained as part of the student’s

disciplinary record.

2. Purchase and Installation Procedures

• Equipment will only be purchased from approved vendors in accordance with District

Purchasing procedures.

• An experienced contractor will install security imaging systems according to bid

specifications with the approval of the Director, Facility Administrator and the Safety and

Security Specialist.

• Additions to the existing security imaging systems must be approved by the Directors,

Facility Administrator, and the Safety and Security Specialist.

3. Legal Procedures

• Imaging systems will be used only for safety, security or investigations of Board policy

violations and/or criminal activity.

• Cameras will be installed only in public areas. Cameras may not be installed in areas with

a reasonable expectation of privacy, for example, locker rooms, nurse’s offices, changing

areas, shower facilities and restrooms.

• Any security imaging equipment used must be incapable of receiving or recording audio,

with the exception of school buses.

• Permanently inoperable cameras will not be installed on District property.

• Signs will be posted on District property at which security imaging systems have been

installed. Posted signs will read, “WARNING: This facility employs video cameras for

security purposes. This equipment may or may not be monitored at any time.”

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• Notice of the use of security imaging system will be included in student handbooks and

other appropriate employee and community correspondence.

• Individuals requesting to view or copy image data must follow District policies and

procedures; the Family Educational Rights and Privacy Act (FERPA); as well as any other

applicable laws.

4. Viewing/Audio Recording Procedures

• Criminal investigations may result in different viewing procedures being used.

• Images used as evidence resulting in disciplinary actions may be considered part of the

student educational record and FERPA provisions and conditions apply.

• Routine review of security imaging data will be limited to administrators, designated

monitors and law enforcement officers who have a legitimate educational, safety or

security interest. The initial needs assessment will determine the protocol and frequency

of review on a site-specific basis.

• Viewing requests from other individuals must be limited to a specific incident or situation.

1) Requests will be accepted only from: parents/legal guardians, students,

individuals authorized by the Superintendent or designee.

2) The Facility Administrator will make a decision on the request for viewing within

three school days.

3) Denial of requests to view image data may be appealed to the Council of Directors

within 5 school days of the denial.

4) Image data existing at the time of the request will not be overwritten or erased

until resolution of any pending appeal.

5) Image data defined as an educational record will be retained according to the

standard retention timeline for educational records.

• Audio recording is allowable only on school buses and with prior approval of the

Superintendent or Designee. Approval for audio recording on buses will only be given if

there is a concern for student safety.

Adopted:

5/21/02(7/1/02)

Reviewed:

Review Annually

Revised:

8/11/03

4/9/07

7/1/09 (3/9/09)

7/13/15(7/13/15)

Legal References: Family Educational Rights and Privacy Act (FERPA)

34 C.F.R. Part 99

IC 18-6701 et seq.

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Child Abuse

Reporting Requirements

Any District employee having reason to believe that any child under the age of eighteen (18) has

been abused, abandoned or neglected, or who observed the child being subjected to conditions or

circumstances which had recently resulted in abuse, abandonment or neglect, shall report or cause

to be reported within twenty-four (24) hours such conditions or circumstances to the proper law

enforcement agency or the Department of Health and Welfare.

Failure to Report

Discipline for failure to report abuse, abandonment or neglect may involve actions up to and

including dismissal.

The Superintendent or designee shall report the employee’s failure to the appropriate law

enforcement agency when the circumstances warrant such actions.

Reporting Abuse, Abandonment, or Neglect

1. Any District employee shall report or cause to be reported any suspected child abuse,

abandonment or neglect within twenty-four (24) hours. The employee shall ask the school

nurse or designee to call the appropriate agency on his/her behalf.

2. The school nurse or designee shall write a statement setting forth:

• the evidence suggesting that a child has been abused, abandoned or neglected;

• the date and time the incident was reported to school personnel;

• the date and time of the report being sent to the proper law enforcement agency or

Health and Welfare; and

• the agencies contacted and the names of the individuals with whom the reporting

party spoke; and

The written report shall be reviewed by the principal or designee. A copy of this confidential report

shall:

• Be maintained at the building level for the duration of the current school year at which time

it will be purged; and

• Be sent via electronic reporting system to the District records department to be maintained

for a period of five (5) years.

In all cases, the building administrator or program supervisor shall be notified as soon as possible.

Because of the specialized training that may be necessary to conduct an investigation of alleged

child abuse, abandonment or neglect, any formal investigations of the matter shall be conducted by

the Idaho Department of Health and Welfare or the local law enforcement agency. Pursuant to

these agencies' requirements, they have the right to come into the District’s schools to conduct their

investigation which may include removing a child from the school campus. All District

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employees and volunteers shall cooperate with these organizations in their investigatory capacities.

Reporting Immunity

Any person, who has reason to believe that a child has been abused, abandoned or neglected and,

acting upon that belief, makes a report of abuse, abandonment or neglect as required, shall have

immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any

such participant shall have the same immunity in respect to participation in any judicial

proceedings resulting from the report. Any person who reports in bad faith or with malice shall not

be protected.

DEFINITIONS

Abuse: any case in which the child has been the victim of: 1) conduct or admission in skin bruising,

bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure

to thrive, or death, and such condition or death is not justifiably explained, or where the history

given concerning such condition or death is at variance with the degree or type of such condition or

death, or the circumstances indicate that such condition or death may not be the product of an

accidental occurrence; 2) sexual conduct including rape, molestation, incest, prostitution, obscene

or pornographic photography, filming or depicting for commercial purposes, or other similar forms

of sexual exploitation harming or threatening the child’s health or welfare of a mental injury to the

child.

Abandoned: the failure to maintain a normal parental relationship with the child, including, but

not limited to reasonable support or regular personal contact.

Neglect: a child who is without proper parental/guardian care, control, subsistence, education, or

medical or other care or control necessary for his/her well being because of the conduct or

omission of his/her parents, guardian, or other custodian or their neglect or refusal to provide

them. A child whose parent/guardian chooses treatment by prayer through spiritual means alone,

instead of medical treatment, shall not be considered neglect solely by that reason.





Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

8/10/01

7/9/01(3/12/01)

7/1/14(2/10/14)

Legal References: I.C. 16-1602

I.C. 16-1605

I.C. 16-1606

I.C. 16-1607

Attorney General’s Opinion 93-2

STUDENTS


3340

Page 1 of 1

School Patrols

The Board authorizes the Superintendent or designees to create, maintain, and supervise school

patrols, and to establish procedures for their management and conduct. The Superintendent,

principal, or designee may appoint, from the student body of any school, students who shall be

known as members of the school safety patrol, and who shall serve without compensation and at

the pleasure of the authority making the appointment. The members of the school patrol shall wear

a badge or other appropriate insignia marked “school patrol” when in performance of their duties.

They may display “stop” or other proper traffic directional signs or signals at school crossings or

other points where school children are crossing or about to cross a public street or highway.

Members of the school patrol shall be subordinate to and obey the orders of any peace officer

present and having jurisdiction.

The District assumes the expense of the liability insurance for children participating in the school

patrol.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/06 (5/8/06)


STUDENTS


3350

Page 1 of 1

Emergency Operation Plan

In the interest of the safety and security of District students, staff, and this community, the Board

directs the Superintendent or designee to prepare emergency operations plans, and provide for the

implementation of the plan. Any event which threatens the safety and security of students, staff,

and visitors may be considered an emergency.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/1/14(2/10/14)


Handbook Reference: Administrator’s Emergency Response Procedure Manual

STUDENTS


3351

Page 1 of 1

Emergency Response Drills

The Superintendent or designee must provide for and carry out emergency response drills at each

District facility to prepare students, staff, and visitors in case of an emergency. The results of these

drills shall be recorded and assessed for possible improvement.

School shall conduct:

• Evacuation Drills at least once each month;

• Lockdown Drills at the beginning of each semester;

• Shelter in Place Drill at the beginning of each school year;

• Drop, Cover and Hold at the beginning of each school year; and

• Hall Check at the beginning of each school year.

The Superintendent or designee shall periodically provide the Board with a report on emergency

drills.

DEFINITIONS:

Drop, Cover and Hold: a procedure to protect students and staff from falling debris.

Evacuation Drills: a procedure for rapidly vacating the site and accounting for all occupants. Fire

drills are a type of evacuation drill and are governed by International Fire Code.

Hall Check: a procedure for rapidly locating suspicious objects or persons within a site.

Lockdown Drills: a procedure for denying access to the site or parts of the site in the event of a

dangerous situation.

Shelter in Place Drill: A shelter-in-place response is a preventative measure to secure the exterior

of the site against a threat in the general area of the school such as a police pursuit or neighborhood

incident. School operations will continue as normally as possible given the situation. Student

movement may be curtailed as appropriate.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/9/01

7/1/06 (5/08/06)

7/1/08 (3/10/08)

7/1/14(2/10/14)

Legal References: IC 33-506(1)

IC 33-512(4)

STUDENTS


3352

Page 1 of 1

Emergency School Closure

The Board grants the Superintendent or designee with the authority to close the schools or dismiss

students early in the event of hazardous weather or other emergencies which threaten the safety or

health of the students or staff.

When such emergency closure occurs, the Superintendent shall bring it to the attention of the

Board at the next regular meeting for approval of the school closure.

Upon approval by the Board, up to eleven (11) instructional hours of emergency school closure due

to adverse weather conditions and/or facilities failures may be reduced from the annual

instructional hour requirements.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00 --

8/11/03

7/1/14(2/10/14)

Legal Reference: I.C. 33-512(1)

STUDENTS


3410

Page 1 of 1

Health Records

Each school within the District shall maintain the following health records for each student:

• A record showing pertinent information relating to immunizations; and

• If submitted by the parent/guardian, information pertaining to each student setting forth:

� the name of the student’s health care provider;

� the name of a contact person in case the parent/guardian cannot be reached in an

emergency; and

� a medical history and any physical or mental health condition the student might have

that may require school personnel attention.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

7/15/03(5/12/03)

8/08/04

7/1/08 (3/10/08)

Cross-References: Immunizations #3411

Exclusion for Communicable Disease #3430


Czaplicki V. Gooding Joint School District, 116 Idaho 326(1989)

Doe v. Durtschi, 110 Idaho 466(1986)

STUDENTS


3411

Page 1 of 1

Immunizations

The parent/guardian of any child seeking admission to the District shall provide evidence to the

principal or designee regarding the child’s immunity to certain childhood diseases. This statement

shall include:

• a certificate signed by a physician or his/her representative, that such child has received, or

is in the process of receiving immunizations as specified by the state;

• an official form which verifies immunity gained through prior contraction of the disease; or

shall provide one of the following exemptions allowed under Idaho law:

• a certificate signed by a physician stating that the condition of the child is such that all or

any of the required immunizations would endanger the life or health of the child; or

• a signed statement of the parent/guardian’s objections on religious or other grounds.

The requirements of this policy must be met at the time of registration, before attendance can

begin. However, the principal or designee is legally required to enroll and have in attendance,

students experiencing homelessness within one full day of an attempt to enroll.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

8/14/08 (7/14/08)

7/1/05 (6/11/05)

7/1/10 (3/22/10)

7/1/14 (2/10/14)

7/1/15 (5/11/15)

Cross-Reference: Exclusion for Communicable Diseases #3430


I.C. 39-4801

I.C. 39-4802

I.C. 39-4803

Idaho Department of Health and Welfare Rules

IDAPA 16.02.15

STUDENTS


3420

Page 1 of 1

Student Nutrition and Physical Activity

The Board is committed to providing a school environment that promotes and protects the health

and well-being of its students. The Board encourages all members of the school community to

create an environment that supports lifelong habits of healthy eating and regular physical activity

through the following goals:

I. Nutrition:

• provide age appropriate nutrition education to students through established District

curricula;

• provide education and opportunities for student’s to select healthy, nutritious food items

during the school day;

• meet the standards required in the Healthy Hunger – Free Kids Act of 2010

� Smart Snacks in Schools Guidelines; and

� National School Lunch and Breakfast program;

• marketing only allowed for the foods and beverages meeting Federal guidelines;

• allow each school to have a maximum of ten (10) food and beverage-based fundraiser per

school year that is exempt from the “Smart Snack” guidelines.

� Each fundraiser may not exceed four (4) days of duration.

II. Physical Activity:

• provide physical education as required by Student Curriculum Requirements (K-12)

policy #2110 and outlined in District curricula;

• provide time at the elementary level for supervised recess; and

• provide extra-curricular activities that enable students to select from a variety of sports

and other physical activities.

The Board requires the Superintendent to meet all requirements of State and Federal law. The

Superintendent or designee shall establish a plan for measuring implementation of this policy.

DEFINITIONS

Adopted:

7/1/06

Reviewed:

Review Annually

Revised:

8/8/11 --

5/12/14

7/1/14 (2/10/14)

8/11/14

Cross Reference: Policy Review and Evaluation # 1327

Student Curriculum Requirements (K-12) #2110

Educational Program – Development, Implementation, and

Evaluation #2130 Meal Prices #8210

Legal Reference: Section 204 of Public Law 108-265

STUDENTS


3420P

Page 1 of 1

Wellness Policy Implementation/Evaluation Procedure

The Superintendent or designee will appoint a District Wellness Committee. This committee will

meet annually to review the District-wide status report and make recommendation to the

Superintendency on possible revision to District policy Student Nutrition and Physical Activity

#3420. The District Wellness Committee will include participation by parents, Trustees, and

administrators. The District Wellness Committee will:

• encourage schools to have procedures and programs in place that enhance and model

wellness (e.g. faculty and staff wellness program participation; participation in available

fresh fruit/vegetable programs; etc.)

• encourage school participation in appropriate school based wellness activities (e.g.

environmental activities; Let’s Move program; Lifetime Movers; etc.)

Each building principal will designate one or more persons at each school as the individual charged

with the operational responsibility for ensuring the school meets the adopted wellness policy. This

responsibility includes completing the District’s School Wellness Assessment Checklist and

submitting it to the District Wellness Coordinator no later than April 15 of each school year.

The District Wellness Committee will review the checklist and provide the Superintendency and the

Directors with a District-wide status report of the Wellness Policy implementation.

The District Wellness Committee will also direct information regarding the wellness program to the

public, teachers, students, and parents. This information will include;

• how District schools are in compliance with the wellness policy; and

• a description of progress being made towards implementation of the District Wellness

Policy.

Adopted:

8/8/11

Reviewed:

Review Annually

Revised:

5/12/14

Cross Reference: Policy Review and Evaluation # 1327

Student Curriculum Requirements (K-12) #2110

Educational Program – Development, Implementation, and

Evaluation #2130

Meal Prices #8210

Legal Reference: Section 204 of Public Law 108-265

STUDENTS


3430

Page 1 of 1

Exclusion for Communicable Diseases

Pursuant to authority in Section 33-512(7), Idaho Code, appropriate District officials shall have

power to exclude students with contagious or infectious diseases from school and to close school on

order of the State Board of Health or local health authorities.

The Superintendent or designee shall determine the need to exclude students from school with

contagious or infectious diseases who are diagnosed or, students suspected as having a contagious

or infectious disease or, students who are not immune and have been exposed to a contagious or

infectious disease. The District shall also close school on order of the State Board of Health or the

local health authorities.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00

Cross-Reference: Immunizations #3420

Communicable Diseases #3431


STUDENTS


3431

Page 1 of 2

Communicable Diseases

It is the responsibility of the District to meet Idaho State requirements and regulations with regard

to the control of communicable diseases in school settings. It is also the responsibility of the

District to protect the rights of employees and students who may be infected with a communicable

disease.

Therefore, the following policies are adopted to implement District responsibilities in this area:

1. Communicable Diseases

A communicable disease is any illness or condition which is identified as such by the Idaho

Department of Health and Welfare. With any infectious communicable diseases, the District

will consult with Central District Health and follow recommended guidelines specific to each

disease concerning exclusion and treatment contacts.

When an employee or student reports that he/she has contracted a communicable disease,

the District will determine whether the employee or student poses a risk of harm to

students and other staff members after consulting with Central District Health and

reviewing recommended guidelines, specific to the disease, concerning exclusion and

treatment contacts. In addition, the District will determine what precautions, if any, are

necessary.

Each school year, the District will provide instruction to all building staff including custodial

and food service staff in the employment of the most current version of Universal

Precautions. Universal Precautions, as recommended by the United States Centers for

Disease Control, include established routines for handling body fluids and providing

sanitary environments.

2. Reporting of Communicable Diseases to the Local Health Department

Pursuant to the Idaho Reportable Disease Regulations, IDAPA 16.02.10.010.01, et seg. the

District will file a report with Central District Health in the event an employee or student is

known, or reasonably suspected, to have a reportable communicable disease.

3. Confidentiality

Information regarding an employee’s or student’s medical status, including the presence of

a communicable disease, shall be treated as confidential. No information known to the

District or its employees regarding an employee’s or student’s medical status shall be

divulged, directly or indirectly, to any other individuals or groups unless: 1) the employee

or student’s parent/guardian gives prior approval for the disclosure; or 2) such disclosure

is required by law.

STUDENTS


3431

Page 2 of 2

Adopted

7/11/94

Reviewed:

Review Annually

Revised:

8/10/00

7/1/13 (2/25/13)

Cross-Reference: Exclusion for Communicable Diseases #3430

Communicable Diseases #3431

Legal References: IC 33-512(4)

34-CFR part 104 section 504

28-CFR part 35

Handbook Reference: School Nurse Manual

STUDENTS


3432

Page 1 of 2

Head Lice/Bed Bugs

Students exhibiting symptoms related to head lice, bed bugs or other parasites shall be referred to

the school nurse or designee for inspection. Symptoms may include scratching of the scalp; the

appearance of nits within the hair, or small bite marks related to bed bugs. If evidence of head lice,

nits or bed bugs is found, the school nurse or designee will take the following precautions:

1. the building administrator or designee shall call the parent/guardian to request that their

child be picked up from school and follow the recommended elimination treatment and/or

procedures before the child will be allowed to return;

2. upon review of the situation, the building administrator may send a letter home to

parent(s) or guardian(s) of other student(s) who may be at risk of infection of the specific

parasite. The letter will outline the specific issue and the appropriate actions that should be

taken;

3. upon review of the situation, the building administrator may have each student who has

been in close contact with the infected person examined.

Head Lice: District officials may readmit a child to school after the appropriate procedures and/or

treatment has been followed. If the parent/guardian is unwilling to cooperate with the treatment

of head lice or if head lice are found three times in one school year on an individual student, the

principal or designee shall have the option of initiating a “no nit” policy. This policy requires that

all live lice and all nits be removed before the student can be readmitted to school.

Bed Bugs: If bed bugs or their symptoms are found on a student, procedures on how to eliminate

the infestation in the home will be given to the parent/guardian. Until bed bugs and their

symptoms have been eliminated from the student and their personal belongings, the following

measures must be taken:

• Parents should place children’s clothing in sealed plastic bags immediately after laundering

to prevent transport of eggs/adults to school. Parents should provide an extra full set of

clean clothing (straight from the dryer) to the school in a sealed plastic bag. Backpacks,

lunchboxes and other transported items should be kept in sealed containers at home to

prevent transport of the bed bugs.

If a parent/guardian is unwilling to cooperate with the procedures outlined above or physical

evidence is found on the student three times in one school year, the principal or designee may

take the additional action of excluding the student from school until the bed bugs have been

eliminated on the student and their personal belongings. This action is to protect the school

community from a bed bug infestation.

STUDENTS


3432

Page 2 of 2

Head lice and bed bug control can only be maintained through a treatment strategy that includes a

variety of techniques plus careful attention to monitoring. The District is committed to keeping

students and facilities safe and free of infestations and has established procedures to ensure that

outcome.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00 -- 10/28/13

Legal Reference: IC 33-512(4) (7)

STUDENTS


3440

Page 1 of 1

Administering Medication

The Board is concerned about the health of every student in the District and recognizes the

importance of administering student medication in a safe, reliable and timely manner.

Medical Inhalers or Epinephrine Auto-Injectors

In accordance with Idaho Code 33-520, a District student who is permitted to self-administer

medication for a potentially life-threatening condition, shall be permitted to possess and use a

prescribed inhaler or an epinephrine auto-injector at all times. The parent/guardian must notify

the school nurse or designee of the intended medication possession and use.

Medications

Pre-Kindergarten - Ninth (9th) Grade: The school nurse or designee will assist with the

administration of all medications, prescription or nonprescription, except as indicated above or

when students are given specific permission by the principal or designee to self-medicate.

Tenth (10th) - Twelfth (12th) Grade: Students may keep and self-administer their own

nonprescription medication with parent permission. For prescription medication, parents must

contact the school nurse before any medications can be brought to school. The principal or

designee will determine if the medication should be self-administered or administered in the health

office.

Adopted:

6/2/97

Reviewed:

Review Annually

Revised:

7/1/00 --

7/12/04

7/1/08

7/1/13 (6/10/13)

7/1/14 (3/10/14)


IC 33-520

Handbook Reference: Elementary and Secondary Student Planners

STUDENTS


3441

Page 1 of 1

Emergency Care

All employees of the District shall protect the health of the public school students and shall take

reasonable measures to provide emergency care that may include but is not limited to

administering emergency medication, of any student that becomes ill or is injured on school

property, during school hours, or at any school sponsored activity.

The parent or adult student will be asked to sign an authorization to permit emergency

administration of prescribed medication by a trained non-licensed person, if a school nurse is

unavailable.

Adopted:

8/09/04

Reviewed:

7/11/05 --

5/8/06

Revised:

9/12/05 --

7/1/06

1/23/09 -- 2/22/12

3/12/15

Cross Reference: Administering Medication #3440

Health Records #3410

Legal Reference I.C § 54-1401

I.C §54-1412

I.C. § 54-1804 (1)(h)

STUDENTS


3460

Page 1 of 1

Allergy Accommodations

The Board believes all students, through accommodations where necessary, should have the

opportunity to participate in school programs and activities. In order to minimize the incidence of

severe or life-threatening allergic reactions, which can result in anaphylaxis, the following policy is

adopted.

Physician’s Statement

Parents or guardians of students with severe or life-threatening allergies shall provide a physician’s

statement to the school their child is attending that includes all pertinent information concerning

ways to manage the student’s allergies, including, but not limited to: the nature of the student’s

allergies; typical allergy symptoms; the specific diet or medical prescription; substances or foods to

be avoided; and any medication instructions.

504 Plan

Policy #2211, Section 504 Students, shall be followed to identify and evaluate students with

allergies who may be in need of special services or programs in order that such students receive a

free appropriate public education pursuant to the provisions of Section 504.

Food Substitutions

Substitutions to regular meals will be made for students who are unable to eat school meals

because of the students' severe life-threatening allergic reactions when their needs are identified in

writing in a Physician’s Statement.

DEFINITION

Anaphylaxis: a rapid, severe allergic response that occurs when a person is exposed to an allergen,

an allergy-causing substance. Anaphylaxis is also known as anaphylactic shock, a medical

emergency requiring immediate treatment.


7/15/03(6/09/03)

7/1/08(3/10/08)

Cross-Reference: Section 504 Students - #2211

Administering Medications - #3440

STUDENTS


3460P

Page 1of 1

Allergy Accommodations Procedure

1. Each school shall follow Policy #2211, Section 504 Students, to identify and evaluate the needs

of students with severe allergies, and when appropriate, develop a Section 504 plan which

includes a health plan. All relevant information regarding these students should be shared with

appropriate District employees; these employees may include the principal, school nurse,

teacher, paraprofessional, school food service personnel, and bus driver.

2. A primary concern of the school should be the prevention and appropriate treatment of

anaphylaxis or other severe allergic reactions.

3. Parents with an allergic child shall provide a Physician’s Statement, setting forth the necessary

information for school personnel to determine the needs of the student.

4. Students with severe allergies should have some means of identification, such as a medical alert

bracelet, provided by the parent/guardian.

5. Parents of students with food allergies may request to review/preview menus in order to select

safe foods their child may eat.

6. Schools should consider the following avoidance strategies to minimize the possible risk

recognizing that risk can never be fully eliminated in the school environment.

a. Parents should be encouraged to instruct their children in how to avoid contact with

substances to which they are allergic.

b. Students should be encouraged not to exchange foods or utensils with other students.

c. Food preparation surfaces and equipment should be sanitized of allergen containing

foods.

d. Food personnel should be instructed about necessary measures required to prevent

cross contamination during food handling, preparation and serving of food.

e. Hand soap ingredients should be checked to make sure they do not contain known

allergens.

f. Schools should consider strategies to limit allergenic exposure when they have

students with life-threatening allergies enrolled.

g. Staff members should be educated concerning life-threatening allergies and updated

as additional information is available.

7. In schools where a student with a life-threatening allergy is identified, training should occur for

staff in proper procedures, such as use of epinephrine auto injections and resuscitative

techniques.

8. Epinephrine should be kept in close proximity to students at risk of anaphylaxis. In all cases

where it is administered, the student’s parents must be notified and emergency medical

services activated.

Adopted: 7/1/14

STUDENTS


3500

Page 1 of 1

Extracurricular and Co-Curricular Activities

The Board recognizes that extracurricular and co-curricular activities are a valid and important

part of the total school program.

Student participation in extracurricular and co-curricular activities is a privilege and not a right. As

such, the Superintendent or designee may impose rules, requirements and discipline to effectively

meet the needs of the students and the programs.

DEFINITIONS

Co-curricular Activities: district and/or school authorized activities held in conjunction with a

credit-bearing class but outside of the regular school day.

Extracurricular Activities: district and/or school authorized activities which take place outside of

the regular school day and do not involve class credit.

Adopted:

6/2/97

Reviewed:

5/12/03 -- 5/8/06

Revised:

8/11/97

1/23/09 -- 2/22/12 7/1/09 (3/9/09)

3/12/15

Cross Reference: Dual Enrollment #3112


Code of Conduct

STUDENTS


3510

Page 1 of 1

Student Government

The Board encourages the function of student councils in the District’s elementary and secondary

schools. Student councils shall assist in improving the general welfare of all students and give

students the opportunity to participate in the orderly workings of the democratic process.

The scope of a student council’s powers, privileges and responsibilities shall be defined by its

charter or constitution which must be approved by the principal. Original charters or changes in a

student council’s constitution should be the result of administrative, faculty and student

discussions.

Student councils shall not have authority to make policies or procedures for the District or the

school. However, they may make recommendations to the administration on any topic of student

concern.

Eligibility rules for candidates and rules for conducting campaigns and elections should be

published, widely announced and uniformly enforced.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

1/23/09 -- 2/22/12

3/12/15

Cross-Reference: Suspension from Extracurricular and Co-Curricular Activities #3580


STUDENTS


3511

Page 1 of 2

Student Organizations

Students have the right to form organizations or clubs within the school for cultural, social, athletic,

and other authorized purposes. Such groups will, in planning their activities, follow guidelines and

procedures governing the creation and operation of student organizations in accordance with

Board policy, local school requirements and laws.

The District will not deny equal access to, or discriminate against, any student group that wishes to

conduct meetings during non-instructional times on the basis of the religious, political,

philosophical or other content of the speech at such meetings. No groups or meetings will be

sanctioned that are otherwise unlawful or which abridge the constitutional rights of any person.

No student group will deny membership to any student because of race, religion, nationality or for

any reason other than related to the purpose of the organization or group. Hazing or any activity

which might be dangerous or embarrassing to an individual is prohibited.

Each student club or organization must have a faculty sponsor and a constitution with a written

statement of its goals, purposes, and activities. A faculty sponsor or designee must be in attendance

at every meeting or activity scheduled on any school premises or “at any school sponsored activity,

regardless of location”, to provide general supervision. Students or the faculty sponsor shall cancel

any meeting whenever this condition is not met. Non-school personnel may not direct, conduct,

control, or regularly attend activities of student groups, unless under the faculty sponsor’s

direction.

In regard to a religious club or organization, the above policies apply except that the faculty sponsor

shall not participate in the meetings themselves.

Approved student organizations or clubs will have the right, within established guidelines, to use

available school facilities, to have access to available communications, to share available bulletin

board space in order to publicize activities, and to distribute notices to publicize an approved

activity.

No fraternities, sororities, or secret societies are allowed in the schools. Fraternities, sororities and

secret societies are defined as organizations whose active memberships are comprised in whole or

in part of enrolled students, who are selected on the basis of the decision of the organizations'

membership rather than on the basis of the right of any qualified student to be a member.

The District retains the authority to maintain discipline and to protect the well-being of students

and staff on any school premises or at any school sponsored activity, regardless of location.

While the Board gives students the right to form organizations or clubs within these policy

guidelines, this action does not imply that the District or the school is sponsoring a non-curricular

student group.

STUDENTS


3511

Page 2 of 2

DEFINITION





Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

8/10/98

1/23/09 -- 2/22/12 7/9/01(3/12/01)

3/12/15 7/01/02(5/21/02)

Cross-Reference: Major Disciplinary Violations #3272


Legal Reference: Equal Access Act - 20 U.S.C. Section 4071

Board of Educ. Of Westside Com. Schools v. Mergens, 100 S.Ct.

2356(1990)

Happock v. Twin Falls School District, 772 F.Supp.1160 (Idaho 1991)

I.C. 33-1901 et. seq.

STUDENTS


3520

Page 1 of 1

Student Money-Raising Activities

It shall be against District policy for student groups to undertake any money-raising activity in the

school or in the community without the approval of the Superintendent or designee.

In the interest of student safety and welfare, the Board discourages the use of door to door fund

raising.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

6/1/98

1/23/09 -- 2/22/12 7/1/15(5/11/15)

3/12/15


STUDENTS


3521

Page 1 of 1

Participation in Fund Drives

Students and employees may voluntarily participate in philanthropic fund drives, local or national,

but compulsory participation shall be prohibited.

Adopted:

6/12/97

Reviewed:

5/12/03 --

4/8/06

Revised:

1/23/09 -- 2/22/12

3/12/15

Legal Reference: I.C. 33-506

STUDENTS

©INDEPENDENT SCHOOL DISTRICT OF BOISE CITY

3522

Page 1 of 1

Student Activity Funds

The Board authorizes the Superintendent or designee to establish procedures for the collection and

expenditure of student activity funds to promote the general welfare, education, and morale of all

students and to finance the normal legitimate co-curricular activities of the school. These funds are

to be maintained as agency funds.

All funds collected by the schools shall be maintained in accounts requiring two authorized

signatures for the distribution of funds; one signature shall be by a person designated by the Board

as an Assistant Treasurer of the District; the other signature shall be by a person authorized by the

Board to be a designated counter signer. All disbursements from these funds shall be made by

regular bank check. A report of the activity in these funds shall be submitted to the Board each

month.

The Superintendent or designee shall provide accounting procedures for the receipt, deposit, and

withdrawal of funds. The principal is the person responsible for the proper collection,

disbursement, and control of all school activity funds. This includes providing for the safekeeping

of monies, proper accounting and administration of the funds, and compliance with Board of

Trustees policies and District procedures.

DEFINITION

Student Activity Fund: an agency fund that is custodial in nature. The fund will control, account

for, and report assets, receipts, deposits, expenditures, assets, liabilities, and fund balances for

school related activities such as:

� admission charges for interscholastic activities

� publications

� clubs

� student organizations

� student activities

� student fee collections which are used to provide more than one (1) activity or benefit to all

of the students of a school or school building

The accounts of this are generally operated for the benefit of students, are governed by school

policy, and are supervised by school district staff members and accountable to the Board of

Trustees.

Adopted:

7/8/96

Reviewed:

5/12/03 --

5/8/06

Revised:

8/10/98

1/23/09 -- 2/22/12

3/12/15


STUDENTS

©INDEPENDENT SCHOOL DISTRICT OF BOISE CITY

3530

Page 1 of 1

Participation in Contests

It shall be against District policy for any teacher or administrator to require any student to enter or

participate in any contest sponsored by organizations or groups not part of the District.

School administrators or teachers shall have the authority to evaluate contests and advise

individual students on participation.

Adopted:

6/2/97

Reviewed:

8/11/03 --

5/8/06

Revised:

6/1/98

1/23/09 -- 2/22/12

3/12/15

Cross Reference: Projects & Solicitations #4310


STUDENTS


3531

Page 1 of 1

Public Participation by Students

School sponsored student groups, with the permission of parents and the principal or designee,

may participate in public events.

Adopted: 6/2/97 Reviewed: 5/12/03 --5/8/06 Revised: 7/01/02(5/21/02)

1/23/09 -- 2/22/12

3/12/15

Legal Reference: I.C.33-506

STUDENTS


3540

Page 1 of 1

Media Interviews with Students

An interview, photo, and/or video with any District student on District property, during regular

school hours by a representative of the news media requires the prior approval of the

Superintendent or designee. The Superintendent or designee will attempt to contact the student’s

parent/guardian for approval in instances when the student’s name is included with an interview,

photo and/or video and when sufficient advance notice and information is provided to the

appropriate person by the media.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

8/10/98

1/23/09 -- 2/22/12 7/01/02(5/21/02)

3/12/15 7/1/15(5/11/15)

STUDENTS


3550

Page 1 of 1

Payment of Fees or Returning of Property

As a condition of registration, graduation, or the issuance of a report card, diploma, certificate, or

transcript, all indebtedness incurred by a person when he/she is or was a student, must be paid.

Furthermore, all books or other instructional material, uniforms, athletic equipment, advances on

loans, or other personal property of the school district borrowed by the person, must be returned.

However, outstanding fees shall not cause a delay in transferring school records to another school

district or prevent a student from enrolling in any other school, including those within the District.

If a student is moving within the District, transcripts will be transferred regardless of outstanding

fines or fees.

Under extenuating circumstances, the payment to remove the indebtedness may be excused or

adjusted through arrangements made with District officials.

Adopted:

6/2/97

Reviewed:

8/11/03 -- 5/8/06

Revised:

8/11/03

1/23/09 -- 2/22/12 7/1/09 (3/9/09)

3/12/15


STUDENTS


3560

Page 1 of 1

School-Age Child Care Program (Just for Kids)

The District will operate programs for children three (3) to twelve (12) years of age.

Program goals are:

1. to instill community awareness;

2. to provide hands-on projects to support District curriculum;

3. to develop social skills;

4. to provide positive role models; and

5. to provide a safe and nurturing environment.

Just For Kids sites are licensed by either the city or state and assessed annually. All Just For Kids

sites will meet or exceed licensing requirements.

The program is to be self-supporting. When establishing the rates, the District will survey Boise

area school-age care providers. A rate increase of 5% or greater must meet the requirements of

Idaho Code for public announcement and input.

District personnel policies and procedures apply to all individuals who are employed by the Just

For Kids program.

Use of the Just For Kids program is a privilege and not a right. Discipline will be handled on a case-

by-case basis by the District Just for Kids staff.

Adopted:

6/2/97

Reviewed:

5/12/03 -- 5/8/06

Revised:

7/1/00

2/12/07-- 1/23/09 7/01/02(5/21/02)

2/22/12 7/1/07

3/12/15 7/1/12 (4/9/12)

Cross-Reference: Changes to Board Approved Administrative Procedures #1323

Increase in Fees #3551

Legal Reference: IC 63-1311A

STUDENTS


3571

Page 1 of 1

Idaho High School Activities Association

The District shall maintain membership in and shall adhere to the rules and regulations of the Idaho

High School Activities Association.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

1/23/09 -- 2/22/12

3/12/15

Cross Reference: Dual Enrollment #3112

Open Enrollment #3113 & 3113P

STUDENTS


3572

Page 1 of 1

Student Permission for Interscholastic Participation

In order for a student to participate in an interscholastic athletic program, the following

requirements must be met:

1. The student must have on file a passed physical examination in the seventh (7th), eighth

(8th), ninth (9th) and eleventh (11th) grades. If the student is in the tenth (10th) or twelfth

(12th) grade, the student must have on file a completed interim health history form in

addition to the previous year’s physical examination.

2. The parent/guardian must submit a signed form which:

A. releases the District from liability for any medical, dental or hospital bills incurred

as a result of injuries sustained by the student while participating in a school

athletic activity or sport;

B. gives consent for emergency medical treatment or signs a waiver for religious

beliefs;

C. gives permission for the student to participate in the chosen sport;

D. commits to abiding by the rules of the school, the District, and, if applicable, the

Idaho High School Activities Association;

E. commits to abiding by appropriate transportation procedures; and

F. commits to abiding by District policy Drug, Alcohol, and Tobacco Use #3233.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

7/1/12

(4/29/12)

1/23/09 -- 2/22/12

3/12/15

STUDENTS


3574

Page 1 of 1

Ninth Grade Participation in High School Interscholastic Activities

Ninth grade students who display exceptional skill may participate in high school sports, at any

level, upon the invitation of the head varsity coach.

The Superintendent or designee shall develop procedures which will provide for the fair and

equitable enactment of this policy.

Adopted:

6/2/97

Reviewed:

6/09/03 --

5/8/06

Revised:

7/15/03(6/09/03)

4/28/08 -- 1/23/09 7/1/08 (4/28/08)

7/5/11 -- 2/22/12 8/8/11

3/12/15 7/1/15 (5/11/15)



STUDENTS


3574P

Page 1 of 2

Ninth Grade Participation in High School Interscholastic Activities Procedure

1. Ninth grade student athletes who display exceptional skills may participate in high school

sports, at any level, upon the invitation of the head varsity coach. Prior to contacting or

extending an invitation to the student athlete, the coach will notify the High School and Junior

High Athletic Directors of his/her intentions. The student athlete may be asked to a high school

tryout prior to the head coach selecting or placing the student athlete on the high school team.

If the student athlete is not invited onto a high school team, that student athlete is eligible to

participate at the ninth grade level without penalty.

2. Parental consent must be granted prior to student athlete participation. The head varsity coach

must discuss the invitation to participate at the high school level with the parent/guardian of

the student athlete which shall include but not be limited to; transportation issues, practice

requirements, practice schedules, program philosophy, academic expectations, potential

playing time, plus team and relevant school rules.

3. If parental permission is granted, the head varsity coach shall notify the High School and Junior

High Athletic Directors.

4. The head varsity coach will complete steps 1 through 3 above, before the start of the junior high

tryout for that sport.

5. Upon placement on a high school team:

• The student athlete may only participate in that sport at the high school level (grades 10-

12). Allowing the student athlete to move between the junior high and high school

during a single sport season is not permitted. In extenuating circumstances, the district

athletic director may grant an exception to this provision.

• The student athlete’s parent/guardian will be responsible for providing transportation to

and from the high school. The student will be required to attend and fulfill the required

academic day at the junior high.

6. Post-Season Ninth Grade Participation

In the event that a head varsity coach invites a ninth grade student athlete to participate at the

high school level (grades 10-12) after completing their Junior High sport season, the following

shall occur:

• The high school varsity coach will first notify the High School and Junior High Athletic

Directors, then seek the approval of the student athlete’s parents/guardians.

• The Junior High Athletic Director will then notify the respective Junior High student

athlete upon parental permission.

STUDENTS


3574P

Page 2 of 2

• Golf is an exception. Golf is a ninth grade fall sport and a high school spring sport.

Therefore, the high school coach must identify high school golfers before the start of the

ninth grade golf season in the fall.

7. Coaches cannot recruit or invite student athletes outside their school attendance area.

THIS PROCEDURE WAS BOARD APPROVED

Adopted:

6/2/97

Reviewed:

6/09/03 --

5/8/06

Revised:

7/1/00

4/28/08 -- 1/23/09 7/15/03(6/09/03)

7/5/11 -- 2/22/12 4/28/08 -- 8/8/11

3/12/15

STUDENTS


3577

Page 1 of 1

Non-Sanctioned Sports

The District does not provide sponsorship for the following sports: swimming, lacrosse, ice hockey

or any other sport which are not sanctioned by the Idaho High School Activities Association.

However, the District may cooperate, when appropriate, with private organizations, other public

entities, or school clubs organized pursuant to Policy #3511, to facilitate the pursuit of these sports

by students who have interest. The Superintendent or designee shall establish procedures which

will allow for specified rights and responsibilities of the District, Partnering entities, and of the

participants and their parents in such sports. The District will not expend funds for these sports

other that the incidental cost of allowing the club to meet on District property, and shall not permit

the usage of the school or school mascot’s name or likeness to be utilized on the uniforms, attire or

equipment associated or used in the sporting event without express written authorization by the

Superintendent or designee and such authorization shall not be seen as an indication or implication

of sponsorship of the event, athletes or sport.

These procedures shall include, but not be limited to:

• procedure for the parent or legal guardian of each participant to sign a waiver of any or all

liability of the District and District personnel before participating;

• minimizing risk of injury of participants including completion of the student club or non-

sponsored sport risk management plan;

• communication and recognition including photographs in the yearbook and other

publications of the District;

• review of and agreement to memorandum detailing use, if allowed, of District facilities and

premises and agreement addressing who shall supply insurance coverage which include the

District as a named insured.

DEFINITIONS

Non-Sanctioned Sports: - A non-sponsored sport is any sport at the secondary level which is not

under the sponsorship, direction or control of the District nor sanctioned by the Idaho High School

Activities Association.

Adopted:

6/2/97

Reviewed:

5/12/03 --

5/8/06

Revised:

9/26/05

1/23/09 -- 2/22/12 7/1/06 (5/8/06)

3/12/15

Cross Reference: Student Organizations #3511

Student Activity Fund #3522

Student Permission for Interscholastic Participation #3572

Use of District Property #9400

Legal Reference: IC 33-506(1),

IC 33-512(12)

Equal Access Act 20 USC §§ 4071 to 4074

STUDENTS


3580

Page 1 of 5

Suspension from Extracurricular and Co-curricular Activities

Participation in extracurricular and co-curricular activities is a privilege and not a right. As

representatives of their school and District, students participating in such activities are expected to

meet high standards of behavior.

The Board believes that the safety and welfare of other students may be adversely affected when

students who are involved in school activities commit major infractions or repeated minor

infractions at school or during school activities, and/or are involved in drug use or other criminal

conduct in any location.

Co-curricular students who are suspended as a result of this policy will have the co-curricular

course grade affected only if the reason for the suspension was related to course work or course

expectations. Students who miss a co-curricular activity because of the suspension may ask to do

or be required to do alternative assignments or special projects to make up the missed activity (in

accordance with the Make-Up Policy Work #2621). At the beginning of the semester, teachers of

co-curricular courses will identify for students how participation in the co-curricular activity

impacts the course grade.

If no event is scheduled during the period of the suspension, the student will be withheld from the

next scheduled event.

I. Activity Suspension as a Result of a School Suspension

A student will be immediately suspended from all extracurricular and co-curricular

activities when he/she receives a suspension (not including an in-school detention) from

school for any reason.


1. The activity suspension is automatic, is for the duration of the school suspension,

and runs concurrent with the school suspension.

2. This type of activity suspension cannot be appealed.

II. Activity Suspension for Repeated Minor Infractions or a Major Infraction During an Activity

A student may be suspended from an extracurricular or co-curricular activity when he/she

commits a third minor infraction, or a major infraction, while engaged in an extra-curricular

or co-curricular activity on any school premises or at any school sponsored activity,

regardless of location. The coach or advisor may recommend an activity suspension to the

Principal or designee.

Discipline for Violation of this Policy

1. The student may be given an activity suspension for a period of time up to, and

including the remainder of the season or duration of the activity in that scholastic

year, for that activity only.

2. If the activity suspension exceeds nine (9) calendar days, the parent/guardian may

request an appeal, as outlined in the “Appeal Process”, Section VI of this policy and

procedure, #3580BP.

STUDENTS


3580

Page 2 of 5

III. Activity Suspension for Drug Use or Other Criminal Conduct, in Any Location, During the

Scholastic Year

A student may be suspended from extracurricular and co-curricular activities when it

reasonably appears to the principal or designee that he/she has been involved with drug

use or other criminal conduct in any location, either on or off campus, during the

scholastic year. This does not include infractions as defined in Idaho Code 18-111 such as

minor traffic violations.


1. Students may be barred from any form of extracurricular or co-curricular activity for

a period of time up to and including the remainder of their attendance in the District.

2. All students will be reported to the Superintendent or designee and, if applicable, to

the appropriate law enforcement agency.

3. The parent/guardian may request an appeal as outlined in the “Appeal Process”,

Section VI of this policy and procedure #3580BP if the activity suspension exceeds

nine (9) calendar days.

4. Extracurricular and co-curricular activity – students involved with drug use are

subject to the provisions of the Drug, Alcohol and Tobacco policy #3233 and

procedure #3233BP

IV. Infractions Which Occur on Out-of School Trips

During an out-of-school trip, if the authorized person in charge of the activity determines

that a student should be sent home early because of criminal conduct, drug use or a major

infraction, the Superintendent’s designee will notify the parent/guardian, and ask him/her

to take charge of the return of the student. The parent/guardian will assume any expenses

incurred for the return of the student.

V. Informal Hearing

The following applies except for activity suspensions which are the result of a school

suspension as noted in Section I. The principal or designee shall grant the student an

informal hearing on the reasons for the activity suspension and the opportunity to

challenge those reasons prior to giving an activity suspension to a student, unless an

emergency activity suspension is necessary. If an emergency activity suspension is

necessary, an informal hearing will be held as soon as possible after the emergency ceases

to exist. Whenever possible the principal or designee shall involve a parent or guardian.

VI. Appeal Process

The Superintendent or designee shall maintain an appeal process for activity suspensions.

The Board requires the appeal process to include the following:

1. The appeal process may be used by a student and his/her parent/guardian only in

those instances where an activity suspension exceeds nine (9) calendar days.

STUDENTS


3580

Page 3 of 5

2. The decision of an appeal panel is final. The decision cannot be appealed to the

Superintendent or Board of Trustees.

3. A student is not allowed to participate during the appeal process.

VII. False Accusation

If an investigation discloses that the reporting individual knowingly or in a malicious

manner falsely accused another of being in violation of this policy, that individual may be

subject to the following disciplinary action:

1. A student may be barred from any form of extracurricular or co-curricular activity

for a period of time up to and including the remainder of their attendance in the

District; or

2. An employee may be subject to discipline up to and including dismissal.

DEFINITIONS

Activity Suspension: suspended students shall not travel, dress in uniform, associate or

participate with the team or group at its scheduled event(s). Suspended students may be allowed

to participate in practices/meetings; however, the principal or designee may deem it necessary for

students to be withheld from practices/meetings for the duration of the suspension.

Co-Curricular Activities: district and/or school authorized activities held in conjunction with a

credit-bearing class, but taking place outside of the regular school day.

Controlled Substances: are defined in Title 21 USC Section 802 and include, but are not limited to




nervous system.

Drugs: shall include any alcohol or malt beverage, any inhalant, any tobacco product, any

controlled substance, any illegal substance, any abused substance, any look-alike or counterfeit

drug, any medication not approved and registered by the school authorities and/or any substance

which is intended to alter mood, and/or any substance which is misrepresented and sold or

distributed as a restricted or illegal drug.


for use, or designed for use, in planting, propagating, cultivation, growing, harvesting,




STUDENTS


3580

Page 4 of 5

Drug Use: Involvement with drug paraphernalia, controlled substances, or drugs, including alcohol

or tobacco, in any of the following ways;


“knowingly present” shall mean that a student attended a gathering of two (2) or more

individuals at which one or more of the attendees (other than the student at issue) were

using or in possession of drug paraphernalia, controlled substances, drugs, or alcohol or

tobacco and the student knew or reasonably should have known that such use or possession

was occurring.


attempting to secure or purchase; using or reasonable suspicion of having used; possessing.

C. Distribution

intending or attempting to sell or distribute; selling or giving away.

Emergency Activity Suspension: the principal or designee may impose an activity suspension

prior to an informal hearing when it is necessary to protect the health and safety of the

individual(s) involved and immediate action is appropriate.

Event: practice match, game, meet, or competitive event, including regional and/or state

tournaments or competitions. Events also include performances.

Extracurricular Activities: district and/or school authorized activities which take place outside of

the regular school day and do not involve class credit.

Major Activity Infraction: a material or substantial deviation from acceptable behavior or stated

student expectations which occurs while the student is engaged in the extracurricular or co-

curricular activity, including but not limited to insubordination toward or non-compliance with the

person in charge of the activity, verbal or physical abuse (hazing, fighting), refusal of a student to

identify him/herself to school personnel upon request.

Non-Sanctioned Sports: a non-sanctioned sport is any sport at the secondary level which is not

under the sponsorship, direction or control of the District nor sanctioned by the Idaho High School

Activities Association


include, but not be limited to buildings, facilities, and grounds on the District campus, District buses,



STUDENTS


3580

Page 5 of 5

Reasonable Suspicion: an act of judgment by a District employee or independent contractor which

leads to a reasonable and prudent belief that a student is in violation of this policy. Said judgment

shall be based on training in recognizing the signs and symptoms of drug, alcohol, and tobacco use.

The fact that a student has previously disclosed use of a controlled substance shall not be deemed a

factor in determining reasonable suspicion at a later date.



Adopted:

5/11/98

Reviewed:

Review Annually

Revised:

8/09/04

10/23/00

7/9/01(3/12/01)

7/1/06 (5/8/06)

7/1/09 (3/9/09

Cross-References: Drug, Alcohol, and Tobacco Use #3233

Guidelines for Disciplinary Actions #3271



Administering Medications #3440

Extracurricular and Co-Curricular Activities #3500

Student Government #3510

Student Organizations #3511



STUDENTS


3580P

Page 1 of 1

Suspension from Extracurricular and Co-Curricular Activities Procedure

Appeal Process:

1. This appeal process may be used by a student and his/her parent/guardian only in those

instances where an activity suspension exceeds nine (9) calendar days.

2. A student is not allowed to participate during the appeal process.

3. The parent/guardian must request an appeal in writing within two (2) school days from the

notification of the activity suspension decision.

4. The Superintendent or designee will appoint a three-member panel composed of

certificated staff members who have not been involved in the disciplinary action in

question. The hearing panel will notify the student and the parent/guardian of the date,

location, and time of the hearing; the student will have an opportunity to present additional

evidence regarding the circumstances of the suspension or reasons to reduce the length

thereof. The appeal must be scheduled within five (5) calendar days of the request.

5. If the panel determines that the evidence reviewed at the appeal supports the suspension,

the suspension of the student from extracurricular and/or co-curricular activities shall be

continued.

6. The student and the parent/guardian will be notified in writing of the panel’s findings and

determination with respect to the student suspension from extracurricular and/or co-

curricular activities within two (2) calendar days of the panel’s decision.

7. The panel’s determination is final, and cannot be appealed to the Superintendent or Board

of Trustees.

DEFINITIONS

Activity Suspension:

Suspended students shall not travel, dress in uniform, associate or participate with the team or

group at its scheduled event(s). Suspended students may be allowed to participate in

practices/meetings; however, the principal or designee may deem it necessary for students to be

withheld from practices/meetings for the duration of the suspension.

Cross Reference: Drugs, Alcohol and Tobacco #3233


Guidelines for Disciplinary Violations #3271

In-School Detention, Suspension & Expulsion #3273


Suspension from Extra Curricular and Co-Curricular Activities #3580

Employee or Public Use of Drugs and Alcohol #5231

STUDENTS


3590

Page 1 of 1

Trips

The Superintendent or designee shall establish procedures for the requirements and frequency of

in-state and out-of-state trips. The Superintendent or designee shall form a committee to review

requests for the following school year and submit for Board approval a list of trips which the

committee recommends.

Out-of-state trips are generally limited to a radius of 750 miles of Boise. In cases where suitable

performance or competition is unavailable within the 750 mile radius, the allowable distance may

be increased to a 1000 mile radius.

In the event of a special opportunity to which any of our student groups is invited during the school

year, this trip may be allowed upon the recommendation of the principal, the Out-of-State Trip

Review Committee, and the Superintendent or designee.

Adopted:

8/13/73

Reviewed:

8/11/03 --5/8/06

Revised:

8/10/8 -- 8/9/10

1/23/09 -- 2/22/12

3/12/15


STUDENTS


3590P

Page 1 of 1

Trips Procedure

Athletics

1. Limit the distance on all athletic trips to 750 miles, except when games or matches cannot

be scheduled within a 750 mile radius.

Music

1. The following music groups are sanctioned two (2) trips per school year relative to District

Policy guidelines outlining in-state and out-of-state trip activities approval:

A. High School Marching Band and Auxiliary

B. High School Football Dance Team

C. High School Choir

D. High School Orchestras

E. High School Symphonic Band

F. High School Vocal Jazz Ensemble

G. High School Instrumental Jazz Ensemble

Other Categories

1. Other school groups may participate in one (1) out-of-state trip which may be beyond a 750

mile radius of Boise under the following conditions:

A. The trip is sanctioned by the Idaho High School Activities Association and/or the

Out-of-State Trip Review Committee.

B. No other comparable possibilities are available within a 750 mile radius of Boise.

THIS POLICY WAS BOARD APPROVED

Adopted:

6/97

Reviewed:

8/11/03 --

5/8/06

Revised:

8/10/98

1/23/09 – 2/22/12 7/15/03(5/12/03)

3/12/15

STUDENTS


3600

Page 1 of 4

Student Records and Release of Student Directory Information

The Family Educational Rights and Privacy Act (FERPA) has specified that student records are

confidential, with some exceptions.

The parent/guardian or eligible students (students over the age of eighteen) may inspect and

review educational records. The District:

1. personnel will comply with a request of access to records within a reasonable period of

time, but in no case more than forty-five (45) days after it has received the request.

2. personnel will respond to reasonable requests for explanations and interpretations of the

records.

3. may make a copy of educational records upon a parent/guardian request and may charge

for the actual cost of copying the records unless payment is determined to effectively

preclude access to the educational records.

4. shall not destroy any educational records if there is an outstanding request to inspect and

review the records.

Education records are defined as those records directly related to a student and maintained by the

District or by a party acting on behalf of the District.

Education records pertaining to particular students do not include the records of school district

employees which are kept in the sole possession of the employee, are used only as a personal

memory aid, and are not revealed to any other person except a temporary substitute of that

employee.

The cumulative file of each active student is maintained at the school of attendance. The cumulative

file of each inactive student is maintained at the central District office. The principal, individual

teachers and special education personnel may also have a file containing particular educational

records.

Personally identifiable information will not be released from an education record without the prior

written consent of the parent or eligible student, except under specific circumstances. Personally

identifiable information is defined as such information including, but not limited to:

1. the student’s legal name;

2. the name of the student’s parent/guardian or other family members;

3. the address of the student or student’s family;

4. a personal identifier such as the student’s social security number or student number;

5. a list of personal characteristics that would make the student’s identification easily

traceable; or

6. other information that would make the student’s identity easily traceable.

STUDENTS


3600

Page 2 of 4

Personally identifiable information will be released without prior written consent of the parent or

eligible student under the following conditions:

1. the disclosure is to other District officials, including teachers within the District who have a

legitimate educational interest. A legitimate educational interest is defined as an interest

directly pertaining to a particular student’s education;

2. the disclosure is to officials of another school, school system or institution of post-

secondary education where the student seeks or intends to enroll;

3. the disclosure is to state and local educational authorities;

4. the disclosure is in connection with financial aid for which the student has applied or which

the student has received;

5. the disclosure is to organizations conducting studies for, or on behalf of, the District to

develop, validate or administer predictive tests, administer student aid programs or

improve instruction;

6. when information is disclosed to organizations as set forth in item 5 above, the study must

be conducted in such a manner that does not permit personal identification of parents and

students by individuals other than representatives of the organization. The information

must be destroyed when no longer needed for the purposes for which the study was

conducted;

7. the disclosure is to an accrediting organization to carry out its crediting function;

8. the disclosure is to parents of a dependent student as defined by the Internal Revenue Code;

9. the disclosure is to comply with a judicial order or lawfully issued subpoena, provided that

the District makes a reasonable effort to notify the parent or eligible student of the order or

subpoena in advance of compliance;

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

11. the disclosure is information that the District has designated as “directory information;”

12. the disclosure is to the parent of a student who is under the age of eighteen (18) years, or to

the student if he/she is 18 years or older.

The District shall maintain a record of each request for access to and each disclosure of personally

identifiable information from the information record of each student. This record of access shall be

maintained with the education records of each student as long as the records are maintained. The

access log shall specify the individuals who have requested or received personally identifiable

information from the education records and the legitimate interest the parties had in requesting or

obtaining the information. If the information was released without prior parental consent, the

specific exception for such consent shall also be set forth. A record is not required to be kept of

access to a student’s record by the parent or eligible student, a District official with legitimate

educational interest, when written consent has been received from the parent or eligible student, a

request is received for directory information only, or the District is ordered to not disclose the

request for records.

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Directory information is defined as information contained in an education record of a student

which would not generally be considered harmful or an invasion of privacy if disclosed. It includes,

but is not limited to:

1. the student’s name;

2. parent/guardian name(s);

3. address;

4. telephone listing;

5. electronic mail address (e-mail)

6. photographs and videos of the student used by the district for recognition of student

achievement and community relations, including, but not limited to, publication in the

District’s or school’s newsletters or publications, in the school setting and on the District’s

or school’s website;

7. date and place of birth;

8. major field of study;

9. grade level;

10. participation in officially recognized activities such as sports;

11. weight and height of members of athletic teams;

12. dates of attendance, degrees and awards received; and

13. the most recent previous educational agenda or institution attended.

The District may disclose directory information after giving written public notice annually to

parents of students in attendance and eligible students in attendance that:

1. all information as set forth in the definition of directory information has been designated as

directory information by the District.

2. a parent or eligible student has the right to refuse to allow the District to designate

directory information about the student as directory information.

3. a parent or eligible student must notify the District in writing within thirty (30) days of the

beginning of school or date of enrollment that the parent or eligible student does not want

directory information about the student released.

4. the District shall provide, on a request made by military recruiters or an institution of

higher education, access to secondary school students' names, addresses, and telephone

listings unless a parent or secondary school student requests, in writing, that the student’s

name, address, and telephone listing not be released without prior written parental

consent.

5. the District may disclose directory information about former students without notice.

If a parent or eligible student believes that the educational records relating to the student contain

information that is inaccurate, misleading or in violation of the student’s right of privacy, the

District may be asked to amend the record. The following procedure will be followed:

1. within thirty (30) days of receiving a request to amend the record, the District shall decide

whether to amend the record as requested.

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2. if the District determines that the information being contested is inaccurate, misleading or

otherwise in violation of the privacy rights of the student, it will amend the records and

inform the parent or eligible student of the amendment in writing.

3. if it is determined by the District not to amend the record as requested, it shall inform the

parent or eligible student of its decision and the right to a hearing.

4. the parent or eligible student, on request, has an opportunity for a hearing to challenge the

contents of the student’s educational records on the grounds that the information contained

in the educational records is inaccurate, misleading or in violation of the privacy rights of

the student.

5. the District shall hold the requested hearing within a reasonable time after it receives a

request for the hearing. Notice of the date, time, and place shall be given to the parent or

eligible student within a reasonable amount of time prior to the hearing.

6. the hearing may be conducted by an individual, including an employee of the District, who

does not have a direct interest in the outcome of the hearing. The hearing shall give the

parent or eligible student a full and fair opportunity to present evidence relevant to the

issues raised. The parent or eligible student may, at their own expense, be assisted or

represented by one or more individuals of his or her own choice, including an attorney.

7. the District shall make its decision in writing within a reasonable period of time after the

hearing. The decision will be based solely on the evidence presented at the hearing and will

include a summary of the evidence and the reasons for the decision.

8. if the District decides that the information in the education record is not inaccurate,

misleading or otherwise in violation of the privacy rights of the student, the District shall

inform the parent or the eligible student of the right to place a statement in the record

commenting on the contested information in the record or stating why he/she disagrees

with the decision of the District, or both.

9. if such a statement is received by the District, it will remain as part of the record for as long

as the student’s record is maintained and the statement will be disclosed whenever the

District discloses the portion of the record to which the statement relates.

The District shall meet State and Federal requirements in dealing with the education records of

students with disabilities.

Adopted:

6/2/97

Reviewed:

5/12/03 -- 5/8/06

Revised:

7/1/00

4/28/08 -- 1/23/09 7/1/02(5/21/02)

2/22/12 – 3/12/15 7/1/08 (4/28/08)

7/1/12 (5/4/12)

Legal Reference: The Family Educational Rights and Privacy Act of 1974

20 U.S.C. 1232g; 34 CFR Part 99

Individuals with Disabilities Education Act 20 U.S.C. 1412(2)(D) and

U.S.C. 1417

34 CFR Section 300.560F through Section 300.576

No Child Left Behind Act, Section 9528

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Use of Student’s Legal Name

The Board requires District officials to use the legal name of a student on official student records

and all student documents.

Adopted:

6/2/97

Reviewed:

5/12/03 --5/8/06

Revised:

10/23/06

10/9/06 -- 1/23/09

2/22/12 – 3/12/15


34 CFR part 99

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Student Data Privacy and Security

The efficient collection, analysis, and storage of student information is essential to improve

the education of our students. As the use of student data has increased and technology has

advanced, the need to exercise care in the handling of confidential student information has

intensified. The privacy of students and the use of confidential student information is

protected by federal and state laws, including the Family Educational Rights and Privacy

Act (FERPA) and the Idaho Student Data Accessibility, Transparency and Accountability

Act of 2014 (Idaho Data Accountability Act).

Student information is compiled and used to evaluate and improve Idaho’s educational

system and improve transitions from high school to postsecondary education or the

workforce. The Data Management Council (DMC) was established by the Idaho State Board

of Education to make recommendations on the proper collection, protection, storage and

use of confidential student information stored within the Statewide Longitudinal Data

System (SLDS). The DMC includes representatives from K-12, higher education institutions

and the Department of Labor.

This model policy is required by the Idaho Data Accountability Act. In order to ensure the

proper protection of confidential student information, each school district and public

charter school shall adopt, implement and electronically post this policy. It is intended to

provide guidance regarding the collection, access, security and use of education data to

protect student privacy. This policy is consistent with the DMC’s policies regarding the

access, security and use of data maintained within the SLDS. Violation of the Idaho Data

Accountability Act may result in civil penalties.

Student Data Collection, Access, Security and Use

Collection

School districts and public charter schools shall follow applicable state and federal laws related

to student privacy in the collection of student data.

Access

Unless prohibited by law or court order, school districts and public charter schools shall provide

parents, legal guardians, or eligible students, as applicable, the ability to review their child’s

educational records.

The Superintendent, administrator, or designee, is responsible for granting, removing, and

reviewing user access to student data. An annual review of existing access shall be performed.

Access to PII maintained by the school district or public charter school shall be restricted to: (1)

the authorized staff of the school district or public charter school who require access to

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perform their assigned duties; and (2) authorized employees of the State Board of Education

and the State

Department of Education who require access to perform their assigned duties; and (3) vendors

who require access to perform their assigned duties.

Security

School districts and public charter schools shall have in place Administrative Security, Physical

Security, and Logical Security controls to protect from a Data Breach or Unauthorized Data

Disclosure. School districts and public charter schools shall immediately notify the Executive Director of the

Idaho State Board of Education and the State Superintendent of Public Instruction in the case of a

confirmed Data Breach or confirmed Unauthorized Data Disclosure.

School districts and public charter schools shall notify in a timely manner affected individuals,

students, and families if there is a confirmed Data Breach or confirmed Unauthorized Data

Disclosure.

Use

Publicly released reports shall not include PII and shall use Aggregate Data in such a manner that re-

identification of individual students is not possible.

School district or public charter school contracts with outside vendors involving student data,

which govern databases, online services, assessments, special education or instructional supports,

shall include the following provisions which are intended to safeguard student privacy and the

security of the data:

• Requirement that the vendor agree to comply with all applicable state and federal law;

• Requirement that the vendor have in place Administrative Security, Physical Security,

and Logical Security controls to protect from a Data Breach or Unauthorized Data

Disclosure;

• Requirement that the vendor restrict access to PII to the authorized staff of the

vendor who require such access to perform their assigned duties;

• Prohibition against the vendor’s secondary use of PII including sales, marketing or

advertising;

• Requirement for data destruction and an associated timeframe; and

• Penalties for non-compliance with the above provisions.

School districts and public charter schools shall clearly define what data is determined to be

directory information.

If a school district or public charter school chooses to publish directory information which includes

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PII, parents must be notified annually in writing and given an opportunity to opt out of

the directory. If a parent does not opt out, the release of the information as part of the directory is

not a Data Breach or Unauthorized Data Disclosure.

Definitions:

Administrative Security consists of policies, procedures, and personnel controls including

security policies, training, and audits, technical training, supervision, separation of duties,

rotation of duties, recruiting and termination procedures, user access control, background

checks, performance evaluations, and disaster recovery, contingency, and emergency plans.

These measures ensure that authorized users know and understand how to properly use

the system in order to maintain security of data.

Aggregate Data is collected or reported at a group, cohort or institutional level and

does not contain PII.

Data Breach is the unauthorized acquisition of PII.

Logical Security consists of software safeguards for an organization’s systems, including

user identification and password access, authenticating, access rights and authority levels.

These measures ensure that only authorized users are able to perform actions or access

information in a network or a workstation.

Personally Identifiable Information (PII) includes: a student’s name; the name of a

student’s family; the student’s address; the students’ social security number; a student

education unique identification number or biometric record; or other indirect identifiers

such as a student’s date of birth, place of birth or mother’s maiden name; and other

information that alone or in combination is linked or linkable to a specific student that

would allow a reasonable person in the school community who does not have personal

knowledge of the relevant circumstances, to identify the student.

Physical Security describes security measures designed to deny unauthorized access to facilities

or equipment.

Student Data means data collected at the student level and included in a student’s educational

records.

Unauthorized Data Disclosure is the intentional or unintentional release of PII to an

unauthorized person or untrusted environment.

Adopted: 10/13/14 Reviewed: Revised:

Legal Reference: Family Educational Rights and Privacy Act (FERPA)

Electronic Code of Federal Regulations pertaining to FERPA: 34 CFR

Part 99

U.S. Department of Education, Family Policy Compliance Office Idaho Student Data Accessibility, Transparency and Accountability Act of 2014, Idaho Code Title 33, Section 133

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