This policy sets forth guidelines by which student rights and responsibilities are determined, consistent with law and regulations.

The Board has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of district students. At the same time, no student shall be deprived of equal treatment and equal access to the educational program, due process, a presumption of innocence, and free expression and association, in accordance with Board policy, administrative guidelines and school rules.

Guidelines

Attendant upon the rights established for each student are certain responsibilities, which include regular attendance; conscientious effort in classroom work and homework; conformance to Board policies, administrative guidelines and school rules and regulations; respect for the rights of teachers, students, administrators, and all others who are involved in the educational process; and expression of ideas and opinions in a respectful manner.

It shall be the responsibility of the student to:

1. Be aware of all policies, administrative guidelines, rules, and regulations for student behavior and conduct themselves accordingly. Each student shall assume that, until a rule is waived, altered, or repealed in writing, it is in effect.
2. Volunteer information in matters relating to the health, safety and welfare of the school community and the protection of school property.
3. Dress and groom to meet standards of safety and health, and not to cause substantial disruption to the educational processes.
4. Assist the school staff in operating a safe school.
5. Comply with federal, state, and local laws.
6. Exercise proper care when using district facilities, school supplies and equipment.
7. Attend school daily and be on time to all classes and other school functions.
8. Make up work when absent from school.
9. Pursue and attempt to satisfactorily complete the courses of study prescribed by local school authorities.
10. Report accurately in student media.
11. Not use obscene language in student media or on school property.

Violations of this policy may result in disciplinary action, consistent with the Code of Student Conduct/Disciplinary Action Schedule and Board policy.

A listing of students’ rights and responsibilities shall be included in the Discipline and Records Handbook, which shall be distributed annually to students and parents/guardians. 

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines consistent with law and Board policy to ensure that student rights under specific conditions are properly recognized and maintained.

This policy sets forth guidelines regarding the conduct of surveys and collection and use of information for marketing purposes, consistent with law and regulations.

Definitions

Personal information means individually identifiable information, including a student’s or parent’s/guardian’s first and last name; home or physical address, including street name and the name of the city or town; telephone number; or social security number.

For purposes of this policy, protected information, as addressed by the Protection of Pupil Rights Amendment (PPRA), includes:

1. Political affiliations or beliefs of the student or student's parent/guardian.
2. Mental or psychological problems of the student or student's family.
3. Sex behavior or attitudes.
4. Illegal, anti-social, self-incriminating or demeaning behavior.
5. Critical appraisals of other individuals with whom respondents have close family relationships.
6. Legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers.
7. Religious practices, affiliations, or beliefs of the student or student's parent/guardian.
8. Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

Surveys conducted by outside agencies, organizations and individuals shall be approved by the Superintendent or designee prior to administration to students.

Guidelines

All surveys and instruments used to collect information from students shall relate to the district's educational objectives.

U.S. Department of Education Funded Surveys

No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, to submit to a survey, analysis or evaluation that reveals protected information without written parental consent for students under eighteen (18) years of age or written consent of emancipated students or those over eighteen (18) years of age.

All instructional materials, including teachers’ manuals, films, tapes, or other supplementary material, that will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be made available for inspection by the parent(s)/guardian(s) of the student.

Surveys Funded by Other Sources

Parents/Guardians shall be informed of the nature and scope of individual surveys and their relationship to the educational program of their student and the parent’s/guardian’s right to inspect, upon request, a survey created by a third party prior to administration or distribution to a student. Such requests shall be in writing and submitted to the Superintendent or designee.

Parents/Guardians shall be informed of their right to have their student excluded from any research studies or surveys conducted by entities other than a school entity without prior written consent.

Collection of Information for Marketing, Sales, or Other Distribution Purposes

The district shall notify parents/guardians of any activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or selling, or otherwise providing the information to others for that purpose.

The parent/guardian has the right to inspect the instrument used in collection of personal information for the purpose of marketing or selling that information and opt the student out of participating in any activity that results in the collection, disclosure, or use of personal information for purposes of marketing or selling that information.

This provision does not apply to the collection, disclosure or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions, such as the following: recruiters, book clubs, curriculum and instructional materials used by schools, sale by students of products or services to raise funds for school-related or education-related activities, or student recognition programs.

Privacy

The district shall implement procedures to protect student identity and privacy when a survey containing one or more of the items listed under protected information is administered or distributed to a student and in the event of the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.

Student and Parent/Guardian Rights

Under federal law, the rights provided to parents/guardians under this policy transfer to the student when the student turns eighteen (18) years old or is an emancipated minor. These rights do not transfer under state law; therefore, parents/guardians retain their rights to receive notice and to inspect.

Delegation of Responsibility

The Superintendent or designee shall notify parents/guardians and students of:

1. This policy and its availability.
2. The specific or approximate dates during the school year when activities described above are scheduled or expected to be scheduled.
3. How to opt their student out of participation in activities as provided in this policy.
4. How to request access to any survey or other material described in this policy.

This notification shall be given at least annually, at the beginning of each school year, and within a reasonable time after any substantive changes regarding the contents of this policy.

The Superintendent or designee may establish administrative guidelines for protecting student identity and privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.

The right of public school students to freedom of speech is guaranteed by the Constitution of the United States and the constitution of the Commonwealth. The Board respects the right of students to express themselves in word or symbol, and to disseminate nonschool materials to others as a part of that expression. The Board also recognizes that the exercise of that right is not unlimited and must be balanced with the district's responsibility to maintain a safe and orderly school environment and to protect the rights of all members of the school community.

This policy addresses student expression in general as well as of expressive materials that are not part of district-sponsored activities (nonschool materials).

This policy does not apply to materials sought to be disseminated as part of the curricular, athletic, or extracurricular programs of the district, which shall be regulated separately as part of the school district’s educational program. Materials sought to be disseminated by non-students are regulated by other Board policy.

Definitions

For the purposes of this policy, dissemination shall mean students distributing or publicly displaying nonschool materials to others:

1. On school property, on school district provided transportation or during school-sponsored activities by placing such materials upon desks, tables, on or in lockers, walls, doors, bulletin boards, or easels; by handing out such materials to other persons; or by any other manner of delivery to others; or
2. At any time or location when creating or sending information using email, websites, online platforms, social media, or other means that are owned, provided, or sponsored by the school district.

Expression means verbal, written or symbolic representation or communication.

Nonschool materials means any printed, technological, or written materials, regardless of form, source, or authorship, that are not prepared as part of the curricular or approved, athletic, or extracurricular programs of the district. This includes, but is not limited to, fliers, invitations, announcements, pamphlets, posters, online discussion areas and digital bulletin boards, personal websites, and the like.

Limitations on Student Expression

Students have the right to express themselves unless such expression is likely to or does materially and substantially disrupt or interfere with the educational process, including school activities, schoolwork, discipline, safety and order on school property, district-provided transportation, or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or interferes with another's rights. Student expression is prohibited to the extent that it:

1. Violates federal, state, or local laws, Board policy, administrative regulations/guidelines or district rules or procedures;
2. Is defamatory, obscene, lewd, vulgar, or profane;
3. Advocates the use or advertises availability of any substance or material that may reasonably be believed to constitute a direct and serious danger to the health or welfare of students, such as tobacco/nicotine/vaping products, alcohol or illegal drugs;
4. Incites violence, advocates use of force or threatens serious harm to the school or community;
5. Materially and substantially disrupts or interferes with the educational process, such as school activities, schoolwork, discipline, safety, and order on school property, on district-provided transportation or at school functions;
6. Interferes with, or advocates interference with, the rights of any individual or the safe and orderly operation of the schools and their programs; or
7. Violates written district procedures on time, place, and manner for dissemination of otherwise protected expression.

Student expression that occurs on school property, on district provided transportation or at school-sponsored events or occurs at any time or place when created or communicated using district-provided equipment, email, websites, or other technological resources, is subject to this policy. The limitations, prohibitions and requirements of this policy shall apply to expression that occurs outside the foregoing circumstances only when and to the extent that the out-of-school expression:

1. Incites violence, advocates use of force or otherwise threatens serious harm directed at students, staff, or the school environment;
2. Materially and substantially disrupts or interferes with the educational process, such as school activities, schoolwork, discipline, safety, and order on school property, on district provided transportation or at school functions; or
3. Interferes with, or advocates interference with, the rights of any individual or the safe and orderly operation of the schools and their programs.

Dissemination of Nonschool Materials

The Board requires that dissemination of nonschool materials shall occur only at the places and during the times set forth in written procedures. Such procedures shall be written to permit the safe and orderly operation of schools, while recognizing the rights of students to engage in protected expression.

The Board requires that students who wish to disseminate nonschool materials on school property shall obtain approval by submitting them at least two (2) school days in advance to the building principal or designee, who shall forward a copy to the Superintendent.

If the nonschool materials include matters prohibited this policy, the building principal or designee shall promptly notify the students of the nature of the violation and that they may not disseminate the materials until the violation is corrected and the materials are resubmitted for approval. If notice of disapproval is not given during the period between submission and the time for the planned dissemination students may consider the request approved and proceed with dissemination as requested, subject to all other established procedures and requirements relating to time, place, and manner of dissemination. Students may nonetheless be directed to cease or suspend dissemination if it is later determined that the materials or the dissemination of them are in violation of this policy or implementing rules and procedures.

Students who disseminate printed non-school materials shall be responsible for clearing any litter that results from their activity and shall schedule the event so that they do not miss instructional time themselves.

Printed non-school materials displayed in a fixed location of a school building shall bear the date when placed in each location. The district may remove the materials within ten (10) days of the posting or other reasonable time as stated in applicable procedures.

Review of Student Expression

Review of nonschool materials proposed for dissemination shall be conducted promptly so as to avoid unreasonable delay in dissemination.

School officials shall not censor or restrict nonschool materials or other student expression for the sole reason that it is critical of the school or its administration, or because the views espoused are unpopular or may make people uncomfortable.

Student-initiated religious expression is permissible, and apart from regarding time, place, and manner, shall not be restricted unless the expression violates some other aspect of this policy, e.g., because it is independently determined to be in violation of this policy for reasons other than the religious nature of the content.

Appeal of the reviewer's decision may be made to the Superintendent and then to the Board, in accordance with Board policy and district procedures.

Delegation of Responsibility

The Superintendent shall assist the building principal in determining the designation of the places and times nonschool materials may be disseminated in each school building. Such designations may take into account, maintenance of the flow of student traffic throughout the school and shall limit dissemination of nonschool materials to noninstructional times.

When student dissemination of nonschool materials or other student expression violates this policy, the building principal may determine what if any disciplinary or other consequences should be imposed. Disciplinary actions shall be in accordance with applicable Board policy and the Code of Student Conduct.

This Board policy and any procedures written to implement this policy shall be referenced in student handbooks so that students can access them for further information.

By adopting this policy, the Board does not intend to create an open public forum, as defined by law. The provisions of this policy and its administrative guidelines/regulations specifically prohibit such creation.

Permission to disseminate materials does not signify endorsement by the district. All materials shall contain a disclaimer.

These procedures address the dissemination by students of nonschool materials that are not part of the curricular, athletic, or extracurricular program of the district. Materials sought to be disseminated as part of the curricular, athletic, or extracurricular program of the district will be regulated as part of the district’s educational program and are not subject to the time, place and manner provisions set forth herein.

Students may disseminate nonschool materials, provided that the form of expression and/or the use of public school facilities and equipment is/are in accordance with Board Policy 220, the Code of Student Conduct, these procedures and the school dress code (Board Policy 221), if applicable. It is the responsibility of students intending to disseminate nonschool materials to become familiar with the provisions of Board Policy 220 and pertinent provisions of the Code of Student Conduct. 

The district has no responsibility to assist students in or to provide facilities for the dissemination of nonschool materials.

Dissemination of Nonschool Materials

In conjunction with the procedures set forth in Policy 220, the dissemination by students of all nonschool materials will be governed by the following procedures:

1. All nonschool materials, together with a copy of the plan of dissemination, must be submitted to the building principal by 9 AM no later at least than two (2) school days prior to the requested dissemination. The building principal will forward such information to the Superintendent or designee for approval. The plan will set forth in detail the desired time, place, and manner of dissemination, as well as the individuals involved.
2. Identification of the individual student or at least one (1) responsible person in a student group will be required upon submission for approval. The person wishing to disseminate such material must provide in writing their name, address, telephone number and organization, if any. This information will be filed in the building principal's office.
3. The Superintendent or designee will review the material, determine if it constitutes expression that is prohibited by Board policy, and inform the building principal or designee of the decision. The building principal or designee will notify the student(s) planning to disseminate nonschool materials of the decision to grant or deny permission. If the decision is to not permit the dissemination, the building principal or designee will specify the reasons for the decision as well as the changes in the content of the material or in the plan of dissemination which must be made, if any, in order to secure such permission. If the student(s) desiring to disseminate such material make(s) such changes in a manner satisfactory to the Superintendent or designee prior to the planned dissemination, the building principal or designee may then grant permission to disseminate.

Time - When permission has been granted, students may disseminate approved nonschool materials only at the following times 30 minutes before the official start of school; during regularly scheduled lunch periods; 15 minutes after the official end of school; and at school-sponsored activities.

Place - Dissemination of approved nonschool materials on school property will be permitted only in locations that allow for the normal flow of traffic within the school and its exterior doors, including on sidewalks located on school property paralleling school driveways. Building entrance walkways and building lobbies will not be utilized for such dissemination.

Dissemination of approved nonschool materials will be permitted in the locations designated by the building principal for the school. No school building is required to provide a designated area for display of non-school materials.

Nonschool materials may not be disseminated during any regularly scheduled class unless specifically authorized by the Superintendent or designee.

Manner - Materials approved to be disseminated shall be required to display the appropriate district disclaimer, as directed by the building principal or designee.

All nonschool materials must bear the district disclaimer.
 

DISCLAIMER: THE WEST CHESTER AREA SCHOOL DISTRICT IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, ANY STATEMENT, SENTIMENT OR OPINION PUBLISHED OR EXPRESSED IN THIS DOCUMENT. THIS DOCUMENT IS NOT PART OF, AND HAS NOT BEEN DISTRIBUTED AS PART OF, THE DISTRICT’S CURRICULAR, ATHLETIC OR EXTRACURRICULAR PROGRAMS.

All approved nonschool materials displayed in a fixed location shall be officially dated and the district shall remove the materials within ten (10) school days.

Any student who disseminates materials will be responsible for cleaning any resulting litter including any discarded pamphlets, fliers, or other documents.

No student will harass or otherwise interfere with the dissemination of approved nonschool materials by student(s), nor may a student in any way compel or coerce a student to accept any materials.

Disciplinary Consequences

Any student who violates any provision of Board Policy 220 or these procedures will be subject to disciplinary action, in accordance with Board policy and the Code of Student Conduct, which may in appropriate cases include suspension and/or expulsion from school.

The Board recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference.

The Board has the authority to impose limitations on students' dress in school. The Board will not interfere with the right of students and their parents/guardians to make decisions regarding their appearance, except when their choices disrupt the educational program of the schools or constitute a health or safety hazard.

Students may be required to wear certain types of clothing while participating in physical education classes, technical education, extracurricular activities, or other situations where special attire may be required to ensure the health or safety of the student.

The Board directs district staff to support students experiencing educational instability by waiving penalties related to a delay in compliance with Board policy, administrative guideline or school rules related to dress and grooming.

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines regarding student dress or grooming.

The building principal or designee shall be responsible to monitor student dress and grooming, and to enforce Board policy, administrative guidelines and school rules governing student dress and grooming.

The Superintendent or designee shall ensure that all administrative guidelines and school rules implementing this policy impose only the minimum necessary restrictions on the exercise of the student's taste and individuality.

Staff members shall be instructed to demonstrate, by example, positive attitudes toward compliance with Board policy, administrative guidelines, and school rules related to dressing and grooming.

The Board recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference.

The Board has the authority to impose limitations on students' dress in school. The Board will not interfere with the right of students and their parents/guardians to make decisions regarding their appearance, except when their choices disrupt the educational program of the schools or constitute a health or safety hazard.

Students may be required to wear certain types of clothing while participating in physical education classes, technical education, extracurricular activities, or other situations where special attire may be required to ensure the health or safety of the student.

The Board directs district staff to support students experiencing educational instability by waiving penalties related to a delay in compliance with Board policy, administrative guideline or school rules related to dress and grooming.

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines regarding student dress or grooming.

The building principal or designee shall be responsible to monitor student dress and grooming, and to enforce Board policy, administrative guidelines and school rules governing student dress and grooming.

The Superintendent or designee shall ensure that all administrative guidelines and school rules implementing this policy impose only the minimum necessary restrictions on the exercise of the student's taste and individuality.

Staff members shall be instructed to demonstrate, by example, positive attitudes toward compliance with Board policy, administrative guidelines, and school rules related to dressing and grooming.

Students are expected to wear attire appropriate for the educational program. Student attire and grooming shall permit the student to participate in learning without the risk to the health and safety of any student or district personnel.
 
Students are expected to dress appropriately for weather conditions and in accordance with Board Policy and these administrative guidelines.
 
Student dress or appearance that materially and substantially interferes with the educational process, threatens the school or community, depicts, or encourages unlawful or otherwise prohibited activity, or interferes with another student’s rights is not permitted.
 
Students may be required to wear certain types of clothing while participating in physical education classes, shops, extracurricular activities, or other situations when special attire may be required to insure the health or safety of the student.
 
Special dress codes may be prescribed for special events such as field trips, spirit days, dances, commencement, etc.
 
Clothing, including accessories such as buttons, pins, jewelry, or back packs, bearing or depicting messages, images, or advertisements promoting or relating to drugs, alcohol, vaping, or tobacco is not permitted. Clothing depicting/advocating violent or sexually explicit/ suggestive messages, writing or images is prohibited. Clothing bearing language, which is obscene, profane, or racist is also prohibited.

Absent an administrative exception to the contrary, students are expected to dress in accordance with Board Policy and these administrative guidelines during school hours and at school-sponsored events.

Students whose attire does not conform to applicable standards will be asked to put on appropriate clothing. Students may be asked to change into appropriate clothing, if available at school, or the student’s parent/guardian will be called and asked to bring appropriate clothing to school.

Any questions about the dress code or the appropriateness of particular attire/appearance shall be directed to the building principal/assistant principal.

The district supports students’ learning and academic achievement by encouraging them to produce academic work that is their own best effort, done with integrity, and displaying the best academic ethical behavior. Academic dishonesty and plagiarism are unacceptable and those engaged in such acts will face disciplinary consequences.

Violations of this policy shall subject students to disciplinary action. This policy covers all school-related tests, quizzes, and in and out of class assignments and projects.

Definitions

Academic dishonesty is defined as the act of cheating or participating in an act of unacceptable behavior in relation to academic expectations, class assignments, curriculum assessments or any material that contributes to a course grade. Academic dishonesty includes, but is not limited to, a student copying an assignment or test/quiz and submitting it as their own; allowing someone to copy an assignment or test/quiz and submit it as their own; unauthorized use of or communicating with notes, calculators, computers, textbooks, cell or smart phones, or any other electronic device during an exam or assignment; telling other students what is on a test or quiz or providing specific questions or answers; submitting the same work in two (2) or more courses without permission from the teachers; working with others on a project that was assigned individually; using Artificial Intelligence (AI) in a manner inconsistent with classroom expectations or securing or sharing answers in any other dishonest manner.

Plagiarism is defined as intentionally or unintentionally stealing and using the idea, structure, language, context, or writings of another as one’s own without crediting the original author through parenthetical documentation, footnotes, or bibliography.

Guidelines

When academic dishonesty or plagiarism takes place at the elementary school level, it shall be addressed by the classroom teacher on an individual basis.

When academic dishonesty or plagiarism takes place at the secondary level, it shall be reported by the teacher to the building principal.

Secondary Action Schedule for Plagiarism and Academic Dishonesty

1st Offense - Zero on the assignment/project/test/quiz, and parent/guardian notification

2nd Offense - Zero on the assignment/project/test/quiz, parent/guardian notification, and Saturday School. The offense shall be categorized as a Level II offense under 218AG1.

3rd Offense - Zero on the assignment/ project/test/quiz, parent/ guardian notification, and a five (5) to ten (10) day external suspension. The offense shall be categorized as a Level II offense under 218AG1. 

Subsequent Offenses - Zero on the assignment/project/test, parent/guardian notification, and a five (5) to ten (10) day external suspension. The offense shall be categorized as a Level II offense under 218AG1.

The building principal may, if they consider an act of plagiarism or academic dishonesty sufficiently severe or disruptive to the school environment or a threat to the health, safety or welfare of others, treat any offense as a Level III offense, resulting in a zero on the assignment/project/test/quiz and discipline for Level III offenses as set forth in the secondary administrative action schedule in Policy 218AG1.

If a student is found to have committed academic dishonesty or plagiarism, the National Honor Society advisor will be notified.

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines to implement this policy.

The Board recognizes that student conduct is closely related to learning. An effective educational program requires a safe and orderly school environment.

Authority

The Board shall establish fair, reasonable and nondiscriminatory rules, and regulations regarding the conduct of all students in the district.

The Board shall adopt a Code of Student Conduct/Disciplinary Action Schedule to govern student discipline, and students shall not be subject to disciplinary action because of membership in a protected class/characteristic. Each student must adhere to Board policies, administrative guidelines, and the Code of Student Conduct/Disciplinary Action Schedule governing student discipline.

The Board prohibits the use of corporal punishment by district staff to discipline students for violations of Board policies, the Code of Student Conduct/Disciplinary Action Schedule, district rules and administrative guidelines. 

Any student disciplined by a district employee shall have the right to be informed of the nature of the infraction and the applicable rule or rules violated.

When suspensions and expulsions are imposed, they shall be carried out in accordance with Board policy and administrative guidelines.

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with law enforcement, and Board policies and administrative guidelines.

On and Off-Campus Activities

This policy and the Code of Student Conduct/Disciplinary Action Schedule apply to the behavior of students at all times during the time they are under the supervision of the school, which specifically includes while under the supervision of the district as part of a cyber program or other virtual program, or at any time while on school property, while present at school-sponsored activities, and while traveling to or from school and school-sponsored activities or at other times while riding in school-provided means of transportation (“on-campus”).

This policy and the Code of Student Conduct/Disciplinary Action Schedule also apply to student behavior that occurs at other times and places (“off-campus”) when:

1. The conduct involves, threatens, or makes more likely violence, use of force or other serious harm directed at students, staff, or the school environment;
2. The conduct materially and substantially disrupts or interferes with the school environment or the educational process, such as school activities, school work, discipline, safety, and order on school property or at school functions;tudents or school staff or the safe and orderly operation of the schools and their programs;
3. The conduct involves the theft or vandalism of school property; or
4. The proximity, timing, or motive for the conduct in question or other factors pertaining to the conduct otherwise establish a direct connection to attendance at school, to the school community, or to a school-sponsored activity. This would include, for example, but not be limited to, conduct that would violate the Code of Student Conduct/Disciplinary Action Schedule if it occurred in school that is committed in furtherance of a plan made or agreed to in school, or acts of vandalism directed at the property of school staff because of their status as school staff.

Delegation of Responsibility

The Superintendent or designee shall ensure that reasonable and necessary rules and regulations are developed to implement Board policy governing student conduct.

The Superintendent or designee shall publish and distribute to all staff, students, and parents/guardians the rules and regulations for student behavior contained in the Code of Student Conduct/Disciplinary Action Schedule, the sanctions that may be imposed for violations of those rules, and a listing of students’ rights and responsibilities. A copy of the Code of Student Conduct/Disciplinary Action Schedule shall be available in each school library and school office and may be included in student handbooks and on the district website.

The building principal or designee shall have the authority to assign discipline to students, subject to Board policies, administrative guidelines, the Code of Student Conduct/Disciplinary Action Schedule, and school rules and to the student's due process right to notice, hearing, and appeal, when such due process rights exist.

Teaching staff and other district employees responsible for students shall have the authority to take reasonable actions, including the assignment of disciplinary action, necessary to control the conduct of students in all situations and in all places where students are within the jurisdiction of this Board, and when such conduct interferes with the educational program of the schools or threatens the health and safety of others, in accordance with Board policy, administrative guidelines, the Code of Student Conduct/Disciplinary Action Schedule and school rules.

Reasonable force may be used by teachers and school authorities under any of the following circumstances: to quell a disturbance, obtain possession of weapons or other dangerous objects, for the purpose of self-defense, and/or for the protection of persons or property.

Referral to Law Enforcement and Reporting Requirements

For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco products; or conduct that constitutes an offense listed in the school safety and security provisions of School Code.

The Superintendent or designee shall immediately report required incidents and may report discretionary incidents committed by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the law enforcement agency that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with law enforcement and Board policies and administrative guidelines.

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.

In accordance with state law, the Superintendent shall annually, by July 31, report all new incidents to the PA Department of Education on the required form.

When a student’s behavior indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy and administrative guidelines.

The Superintendent shall report to the Board the methods of discipline imposed by administrators, and incidences of student misconduct, in the degree of specificity required by the Board.

Student Discipline-Respecting Members of the School Community

The fundamental premise of Board policy and administrative guidelines related to student discipline is that students will show tolerance to all members of the school community. The Board has adopted a Code of Student Conduct/Disciplinary Action Schedule to govern student discipline, and students shall not be subject to disciplinary action because of race, age, sex, color, religion, creed, sexual orientation, gender identity, national origin, ancestry, marital status, pregnancy, or handicap/disability. Each student shall adhere to Board policies and the Code of Student Conduct/Disciplinary Action Schedule governing student discipline.

The Board has the authority to make reasonable and necessary rules governing the conduct of students in school. As provided by Section 1317 of the Pennsylvania School Code of 1949, as amended; every teacher, vice principal and principal in the public schools shall have the right to exercise the same authority as to conduct and behavior over the students as their parents, guardians or person in parental relation with the student when: (a) attending school in person, including technical college high schools, or remotely through a cyber program or other virtual programs; (b) during the time they are going to and from their homes to school or technical college high schools; and (c) when attending school sponsored events and activities either as a participant or spectator.

• The teachers have the responsibility to maintain a suitable environment for learning, and the administrators have the responsibility for maintaining and facilitating the educational programs.
• The principal is authorized by statute to suspend students for cause.
• Rules and regulations shall be published and reviewed with students at the opening of each school year and shall be posted in prominent locations throughout each school as well as online. Copies shall be available in each school library and also to students and parents/guardians upon request.
• The principal shall be responsible for informing both parents/guardians and students of school rules and regulations at the opening of the school year.
• The teacher has the authority to send a student from a class to an appropriate school official for cause.
• Teachers and school administrators shall administer discipline within federal and state statutes, regulations and guidance, and other specific policies and administrative guidelines relating to student behavior and discipline as adopted by the Board.

In order that infractions of the rules established for student conduct may be treated equitably and consistently, the Board has approved a Disciplinary Action Schedule for the District’s schools. The intent of this schedule is to provide students with a definition of the limits of acceptable behavior, and to equip teachers and school administrators for their disciplinary responsibilities. The schedule shall be interpreted by the principals and their designees in a manner which they deem just, given the circumstances of the individual case. Additionally, students must understand that administrators shall have the authority to enforce other reasonable disciplinary action which they find warranted by situations not covered.

The provisions of this policy apply to all district schools, programs, and platforms, unless specifically noted herein.

Why Discipline?

Discipline should, as a minimum, have three (3) objectives in mind:

• PRESERVE the optimum environment in which to deliver instructional services.
• RESPOND to disruptive influences with corrective measures in a firm and consistent manner while attempting to correct deviant behavior and keep disrupters in school.
• REMOVE, as a last resort, the disrupters from the educational environment so that the majority may pursue their educational goals.

Unless otherwise required by law, it is the responsibility of the Board to continue with the education of the student until age eighteen (18), whether in the formal educational setting or in a setting outside that environment.

Student Expectations

Code of Conduct

• Students will respect everyone’s right to learn.
• Students will choose ways to resolve conflict without fighting.
• Students will accept others for who they are and respect differences.
• Students will show proper respect for:

• Themselves.
• Other Students.
• Adults.
• School property.
• Personal property.

Students have the responsibility to conduct themselves according to the Code listed above and to follow Policy 235 Student Rights and Responsibilities of Students. Students who fail to do so will be subject to follow the schedule of disciplinary action.

Administrative Action Elementary and Secondary

At times during the school year, student misbehavior may necessitate action on the part of the Board. At this point, the school administration will have exhausted all approaches in attempting to correct the student’s misbehavior. The administration may have, at various times, worked with the resources and shall keep records and documentation as evidence of other efforts. The resources shall include among others:

• Parents/guardians.
• Teachers.
• School counselor.
• School and Home Visitor.
• Community resource personnel.
• Social agencies.
• Psychologist.

The breaches of discipline within the schools generally fall into two (2) classes of offense:

1. Violation of the rules of conduct of the school (see Level I, II and III).
2. Violation of rules of conduct of the school because they are a violation of the law (a crime has been committed) (see certain Level III offenses).
    

This second category of infractions calls for dual corrective action of a school administered response as well as a community administered response. The school action will be considered a Level III infraction. In addition, the appropriate law enforcement agency may take action in addition to the penalties set forth herein.

School Offenses

Any student subjected to disciplinary action which involves their removal from the normal classroom environment is still to demonstrate mastery of all subject matter for advancement to the next grade level. It is the responsibility of the student subjected to such disciplinary action to ensure that they remain current with course subject matter and that they arrange with the administration for the taking of any examinations missed due to absence from school. Parents/guardians of said student shall be notified immediately as soon as practicable, by telephone, if possible, and in writing when a student has been suspended internally or externally from class or school.
 

Possession, distribution or use of alcoholic beverages or controlled substances will result in the application of Board Policy 227 and its administrative guidelines. Weapon and replica weapon offenses will result in the application of Board Policy 233 and its administrative guidelines.

A student who is on suspension shall not participate in or attend any extracurricular school activity during the period of suspension or Saturday School. This will be in effect immediately upon notification of the suspension. Suspension shall be in effect until the start of the first school-day that the student is eligible to return to school. A student who is participating in an extracurricular activity must be in school in order to participate. Further, a student will be subject to the terms of the Extracurricular Code of Conduct.

Elementary Disciplinary Action Schedule

Different offenses should require different responses. The following is a categorization of offenses into levels.

Level I

1. Use of personal and district technology devices in violation of Policy 237 (including misuse of the internet)
2. Disrespect to peer(s)
3. Student Integrity (Policy 218.3)
4. Other minor infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Level II

1. Cutting class
2. Smoking, Tobacco, and Vaping Products; Non-tobacco products (Policy 222)
3. Insubordination
4. Fighting
5. Defacing school property
6. Violation of Student Acceptable Use of Internet, Computers and Network Resources (Policy 252) (including misuse of the internet)
7. Verbal assault
8. Intimidation
9. Foul and abusive language/gestures
10. Theft
11. Peer conflict/disrespect/disturbance
12. Use of personal and district technology devices in violation of Policy 237 (including misuse of the internet)
13. Student Integrity (Policy 218.3)
14. Other more serious infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Level III

1. Physical assault
2. Possessing a weapon
3. Arson, false alarm, or 911 Call
4. Bomb threats
5. Vandalism
6. Controlled substance/paraphernalia (Policy 227)
7. Discrimination/Title IX Sexual Harassment-affecting Students (Policy 103)
8. Intentional contact
9. Terroristic threats (Policy 218.2)
10. Bullying (Policy 249)
11. Student Integrity (Policy 218.3)
12. Hazing (Policy 247)
13. Sexual Assault
14. False Safe2Say report
15. Commission of any act punishable under the Pennsylvania Crimes Code
16. Other most serious infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Elementary Administrative Action Schedule

The Administration Action Schedule shall be interpreted by the principals and their designees in a manner which they deem just given the circumstances of the individual case.

Level I

Disciplinary options may include, but are not limited to, any one or more of the following:

1. Verbal reprimand
2. Detention
3. Restrictions
4. Parent/guardian notification and/or conference
5. Internal suspension

Level II

Disciplinary options may include, but are not limited to, any Level I disciplinary option plus any one or more of the following:

1.   External suspension

2.   Notification of local law enforcement agency (who may take action in addition to the penalties set forth herein).

Level III

The offenses in this class are of a nature that their commission may represent a violation of law and may be subject to civil and/or criminal penalties. This type of behavior is obviously unacceptable in the educational environment. The local law enforcement agency may be notified of all Level III offenses and may take action in addition to the penalties set forth herein. In addition, the following action may be taken:

1. A first offense may result in up to a ten (10)-day external suspension from school or other Level II disciplinary option, where appropriate.
2. A second offense may result in a ten (10)-day external suspension from school and a Board hearing may be held with administration recommendation for exclusion of the student for the remainder of the school year or longer.
    

The administrator may, if they consider the committing of offenses in this category serious enough to be a threat to the health, safety or welfare of others, request Board hearing for exclusion of the student upon commitment of the offense for the first time.

Secondary Disciplinary Action Schedule
Different offenses should require different responses. The following is a categorization of offenses into levels.

Level I

1. Unlawful lateness to school and/or unlawful early dismissal
2. Unexcused lateness to class
3. Not reporting to detention
4. Failure to sign in at attendance
5. Student Integrity (Policy 218.3)
6. Not reporting to Saturday School (1st offense)
7. Student parking pass violations
8. Other minor infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Level II

1. Cutting class
2. Leaving school or class without permission
3. Smoking, Tobacco, and Vaping Products; Non-tobacco products (Policy 222)
4. Insubordination
5. Fighting
6. Defacing school property
7. Violation of Student Acceptable Use Policy 252 and related policies (including misuse of the internet)
8. Verbal assault
9. Intimidation
10. Forgery
11. Foul and abusive language/gestures
12. Failure to give name
13. Not reporting to Saturday School (2nd or more offense)
14. Peer conflict/disrespect/disturbance
15. Student Integrity (Policy 218.3)
16. Use of personal and district technology devices in violation of Policy 237 (including misuse of the internet)
17. Seventh Level I Offense
18. Other more serious infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Level III

1. Theft
2. Physical assault
3. Possessing a weapon
4. Arson, false alarm, or 911 call
5. Bomb threats
6. Vandalism
7. Controlled substance/paraphernalia (Policy 227)
8. Extortion
9. Discrimination/Title IX Sexual Harassment-affecting Students (Policy 103)
10. Intentional contact
11. Terroristic threats (Policy 218.2)
12. Bullying/Cyberbullying (Policy 249)
13. Student Integrity (Policy 218.3)
14. Hazing (Policy 247)
15. Sexual Assault
16. False Safe2Say Report
17. Commission of any act punishable under the Pennsylvania Crimes Code
18. Other most serious infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction

Secondary Administrative Action Schedule

The Administrative Action Schedule shall be interpreted by the principals and their designees in a manner which they deem just given the circumstances of the individual case.

Level I

1. Unexcused lateness to school and/or unlawful early dismissal:

Unlawful lateness to school and/or unlawful early dismissal (High School):

1. Every time a student accumulates eight (8) unlawful lateness to school (tardy) a detention shall be assigned.
2. Every time a student accumulates eight (8) unlawful early dismissals a detention shall be assigned.

Unlawful lateness to school and/or unlawful early dismissal (Middle School):

1. 1. Every time a student accumulates eight (8) unlawful lateness to school (tardy) and/or early dismissals a detention shall be assigned.
2. Unexcused lateness to class:

1. 1. One (1) day of after school detention will be assigned for each offense for students attending in person programs.
   2. Upon recording of the ninth or more lateness in a year, the student will be assigned one day of Saturday School.

3. Not reporting to detention/late room:
   1. One (1) day of Saturday School.
4. Failure to sign in at attendance:

1. 1. One (1) day of after school detention will be assigned for each offense for students attending in person programs.
   2. Upon recording of the ninth or more failure to sign in at attendance, the student will be assigned one day of Saturday School.

5. Student Integrity (see Policy 218.3).
6. Not Reporting to Saturday School (1st offense):

1. 1. One-day external suspension and the student must repeat the Saturday School.

7. Student parking pass violations (See Policy 223AG1)
8. Other minor infractions of unacceptable behavior in or on school property, or while under school supervision or jurisdiction:
   1. First, second, third and fourth offenses will result in a detention.
   2. Upon recording of the fifth or more Level I offense, the student will receive a day of Saturday School.

NOTE: The accumulation of seven (7) Level I offenses may result in a student being credited with one (1) Level II offense. Thereafter, subsequent accumulations of seven (7) Level I offenses may likewise result in additional crediting of Level II offenses.

Level II

1. With the exception of smoking/tobacco and vaping products/non-tobacco products use, fighting, verbal assault, and cutting Saturday School, these offenses, being of more serious nature, will result in the following actions:
   NOTE: The offense may be a repeat of a prior Level II offense or combination of offenses. Some Level II offenses may result in appropriate legal action or referral to law enforcement.

1. The first, second, third, and fourth offense will result in one (1) day of Saturday School for each offense.
2. The fifth offense will result in a three-day external suspension and a mandatory principal conference with the parent/guardian and student.
3. A sixth offense will result in a five-day external suspension. An informal hearing shall be held with the parent/guardian and the student.
4. A seventh offense will result in a ten-day external suspension from school and a Board hearing may be held with administration recommendation for exclusion of the student from school for the remainder of the school year or longer period.

2. Smoking/tobacco and vaping products use, and verbal assault will result in the following action:

1. 1. Each offense will result in a three-day external suspension.
   2. If the offense is the fifth or more Level II offense, the administrative action shall follow the Level II (1)(b) or higher level guidelines set forth above.
   3. If the first offense is the seventh or subsequent Level II offense, the administrative action shall follow the Level II (1) (d) guidelines set forth above.

3. Fighting will result in the following action:
   1. Each offense will result in a three to five day external suspension and the local law enforcement agency will be notified, which may take action in addition to the penalties set forth herein.
   2. If the offense is the fifth or more Level II offense, the administrative action shall follow the Level II (1)(c) or higher level guidelines set forth above and local law enforcement will be notified which may lead to further actions in addition to the penalties set forth herein.
4. Not reporting to Saturday School will result in the following action:
   1. A first offense may result in a one-day external suspension and the student must reschedule the Saturday School.
   2. A second or subsequent offense may result in a one-day external suspension and the student must reschedule the Saturday School.
5. Student Integrity (see Policy 218.3).
    

The administrator may, if they consider a Level II offense sufficiently severe or disruptive to the school environment, provide for up to a three (3) day external suspension for any Level II offense.

Level III

The offenses in this class are of a nature that their commission may represent a violation of law and be subject to civil and/or criminal penalties. This type of behavior is obviously unacceptable in the educational environment. The local law enforcement agency may be notified on all Level III offenses and may take action in addition to the penalties set forth herein. In addition, the following action may be taken:

1. A first offense may result in up to a 10-day external suspension from school or other Level II disciplinary option, where appropriate.
2. A second offense shall result in a 10-day external suspension from school and a Board hearing may be held with administration recommendation for exclusion of the student for the remainder of the school year or longer period.

The administrator may, if they consider the committing of offenses in this category serious enough to be a threat to the health, safety or welfare of others, request Board hearing for exclusion of the student upon commitment of the offense for the first time.
 

Definitions

1. Bullying – Is an intentional electronic, written, verbal or physical act or series of acts directed at another student or students which occurs in a school setting and/or outside a school setting, that is severe, persistent or pervasive; and has the effect of doing any of the following: (1) substantially interfering with a student’s education; (2) creating a threatening environment; or (3) substantially disrupting the orderly operation of the school. Bullying includes cyberbullying. (See Policy 249).
2. Discrimination – Discrimination is defined in accordance with the definitions found in Policy 103.
3. Disrespect to Peer(s) – Teasing and name calling, oral or written that does not rise to the level of bullying.
4. Extortion – Intentionally obtaining or withholding property of another by threatening to (1) inflict bodily harm on anyone or commit other criminal activities; (2) accuse anyone of criminal offense; (3) expose any secret intending to subject any person to hatred, contempt, or ridicule.
5. False Safe2Say Report - knowingly or intentionally making a false Safe2Say report.
6. Fighting – An encounter with blows or other physical contact involving two or more students.
7. Forgery – Reproducing a parent’s or guardian’s signature, altering school records, other offenses as set forth in the Pennsylvania Crime Code, 18 Pa. C.S. §§ 4104 et.seq. as may be amended, or other similar actions.,
8. Foul and Abusive Language/Gestures – Use of language or gestures that is vulgar, profane, or lewd.
9. Hazing – Hazing is defined in accordance with the definitions found in Policy 247.
10. Insubordination – Refusing to follow a reasonable directive of either a school district professional employee or administrator acting within the scope of their authority.
11. Intentional Contact – Intentionally causing contact with another, when such contact is neither invited or provoked and the purpose of such contact is insubordination, harassment, extortion or the threat or suggestion of physical assault. Intentional shoving, hitting, kicking, slapping, bumping, holding, pushing, and throwing objects with a wrongful purpose are examples of such conduct. Unintentional or inadvertent conduct, reflexive conduct or conduct taken in the reasonable belief of self-defense or invitational or conduct by a student with a recognized disability which affects their ability to control h their actions, are not included. Even if provoked, persisting in such contact when a reasonable opportunity to stop is available shall be included.
12. Intimidation – To frighten or make timid another student by threats, or other aggressive actions or language.
13. Misuse of the Internet – Obtaining access to the Internet intentionally and without proper authorization or misuse of the Internet which can be viewed as any message(s) sent or received that indicate or suggest pornography, unethical or illegal solicitation, discrimination, harassment, inappropriate language, violation of Board policy or administrative guidelines or any violation of local, state or federal laws relating to use of the Internet. (Policies 237, 252)
14. Physical Assault – (1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily harm; or (4) any offense prohibited by Chapter 27, “Assault”, of the Pennsylvania Crimes Code (18 Pa. C.S.A. § 2701 et seq; and as may hereafter be amended).
15. Replica Weapon – a device or object that is a facsimile or toy version of, or reasonably appears to be a weapon. This may include, but is not limited to air guns, BB guns, and pellet guns. (Policy 218.1)
16. School Personnel - Any school board member, school employee, agent, volunteer, contractor, or other person subject to the supervision and control of the District.
17. Sexual Assault - Sexual offenses as defined in Chapter 31 of the Pennsylvania Crimes Code.
18. Student Integrity – a violation of the student integrity policy (Board Policy 218.3), which includes academic dishonesty and plagiarism in accordance with the definitions in Policy 218.3.
19. Technology

1. Personal Technology Devices (personal technology) - shall be defined as – any device capable of capturing, storing, and/or transmitting information, including text, audio, picture, and/or video data, not owned by the District. These include, but are not limited to, such devices as cellular telephones, smartphones, handheld computers, laptop computers, tablet computers, digital musical players, including without limitation iPods and MP3 players, and still and video cameras and wearable technologies including without limitation smart watches, smart glasses, or earbuds.
2. District Technology Devices (district technology) shall be defined as any device capable of capturing, storing, and/or transmitting information, including text, audio, picture, and/or video data, that is owned by the district and loaned to students for academic purposes. These include, but are not limited to, such devices as handheld computers, tablet computers, laptop computers, still and video cameras.

20. Terroristic Threats – A threat communicated either directly or indirectly to commit any crime of violence with the intent to: terrorize another; cause evacuation of a building, place of assembly, or facility of public transportation; or to otherwise cause serious public inconvenience, or cause terror, or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience. (Policy 218.2).
21. Theft – Withholding property of another permanently or for such an extended period as to appropriate the major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or to dispose of the property so as to make unlikely that the owner will recover it; or any offense prohibited by Chapter 39, “Theft and Related Offenses”, of the Pennsylvania Crime Code (18 Pa. C.S.A. § 3901 et seq. and as may hereafter be amended).
22. Title IX Sexual Harassment - Title IX Sexual Harassment is defined in accordance with the definitions in Policy 103.
23. Smoking, Tobacco, and Vaping Products; Non-tobacco products– Tobacco product encompasses not only tobacco but also vaping products including electronic cigarettes (e-cigarettes). Tobacco products, for purposes of this policy and in accordance with state law, shall be defined to include the following:
    1. Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, a cigarette, cigar, little cigar, chewing tobacco, pipe tobacco, snuff, and snus.
    2. Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe, and a hookah.
    3. Any product containing, made or derived from either:
       1. Tobacco, whether in its natural or synthetic form; or
       2. Nicotine, whether in its natural or synthetic form, which is regulated by the United States Food and Drug Administration as a deemed tobacco product.

d.   Any component, part or accessory of the product or electronic device listed in this definition, whether or not sold separately.

Student smoking of any non-tobacco products or the possession of nontobacco products in a form in which they may be smoked, including but not limited to non-tobacco cigarettes, cigars, and little cigars (collectively “nontobacco products”) is prohibited and may be addressed under Board Policy 222 or 227 and their administrative guidelines depending on the nature of the substance.

24. Vandalism – Damaging tangible and intangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosive, or other means; or recklessly or intentionally tampering with tangible property of another so as to cause or attempt to cause unjustified actual harm to tangible and intangible property of another.
25. Verbal Assault – Verbally addressing a teacher with lewd, vulgar, or profane language and in an aggressive or otherwise disrespectful manner.
26. Weapons– The term shall include but is not limited to any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, and any other tool, instrument or implement capable of inflicting serious bodily injury. Students are prohibited from possessing and bringing weapons into any school district buildings, onto school property, to any school-sponsored activity, and onto any public vehicle providing transportation to or from school or a school-sponsored activity or while the student is coming to or from school. (See Board Policy 218.1)

Special Notes

Defacing school property and vandalism represent the same type of deviant behavior. For purposes of response, damages in excess of $10 will be considered as vandalism while damages of less than $10 will generally be considered as defacing school property. In cases of less than $10 in damages, discretion may be exercised by the administrator in classifying the action as vandalism based on extenuating circumstances, e.g., repeated offenses. In all cases, however, restitution will be sought with the application of disciplinary action as stated in the policy.

A school district or technical college high school shall expel for a period of not less than one year, any student who is determined to have brought a weapon or replica weapon onto any school property, any school sponsored activity or any public conveyance providing transportation to a school or school sponsored activity. Any firearm or dangerous weapon possessed on or about a person while on district property is subject to seizure or forfeiture. Incidence of students possessing weapons or replica weapons will be reported to law enforcement. Appropriate disciplinary and legal action will be taken against students who possess weapons or replica weapons. However, weapons under the control of law enforcement personnel are permitted. The Superintendent or designee may authorize other persons to possess weapons in school buildings. The Superintendent or designee may prescribe special conditions or procedures to be followed before giving such authority.

Use of personal or district technology devices in violation of Policy 237 is a Level II offense where an administrator considers the student’s actions sufficiently severe or disruptive to the school environment.

Terms otherwise undefined by this regulation shall be interpreted in the same manner as similar or identical terms in the Pennsylvania Crimes Code.

The Board recognizes that exclusion from the educational program of the schools, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student and one that cannot be imposed without due process. The Board shall define and publish the types of offenses that would lead to exclusion from school. Exclusions affecting students with disabilities shall be governed by applicable state and federal law and regulations.

The Board may, after a proper hearing, suspend or expel a student for such time as it deems necessary, or may permanently expel a student.

Guidelines

Exclusion from Class - In-School (Internal) Suspension

No student may receive an in-school suspension without notice of the reasons for which the student is suspended and an opportunity to be heard prior to the time the suspension becomes effective. The parent/guardian shall be informed of the suspension action taken by the school.

Should the in-school suspension exceed ten (10) consecutive school days, the student and parent/guardian shall be offered an informal hearing with the building principal. Such hearing shall take place prior to the eleventh day of the in-school suspension. The procedure shall be the same as the procedure for informal hearings held in connection with out-of-school suspensions.

The district shall provide for the student's education during the period of in-school suspension.

Exclusion from School - Suspension

The building principal or person in charge of the school may suspend any student for disobedience or misconduct for a period of one (1) to ten (10) consecutive school days and shall immediately notify the parent/guardian and the Superintendent in writing when the student is suspended.

No student may be suspended without notice of the reasons for which the student is suspended and an opportunity to be heard on their own behalf before the school official who holds the authority to reinstate the student. Prior notice is not required where it is clear that the health, safety, or welfare of the school population is threatened. Suspensions may not be made to run consecutively beyond the ten-school day period.

When a suspension exceeds three (3) school days, the student and parent/guardian shall be given the opportunity for an informal hearing with the designated school official within the first five (5) school days of the suspension.

Informal hearings under this provision shall be conducted by the building principal or designee.

Purpose of Informal Hearing

The purpose of the informal hearing is to permit the student to explain the circumstances surrounding the event leading to the suspension, to show why the student should not be suspended, and to discuss ways to avoid future offenses.

Due Process Requirements for Informal Hearing

1. The student and parent/guardian shall be given written notice of the reasons for the suspension.
2. The student and parent/guardian shall receive sufficient notice of the time and place of the informal hearing.
3. The student may question any witnesses present at the informal hearing.
4. The student may speak and produce witnesses.
5. The district shall offer to hold the informal hearing within five (5) days of the suspension.

Expulsion

Expulsion is exclusion from school by the Board for a period exceeding ten (10) consecutive school days. The Board may permanently expel from the district rolls any student whose misconduct or disobedience warrants this sanction. No student shall be expelled without an opportunity for a formal hearing before the Board, a duly authorized committee of the Board, or a qualified hearing examiner appointed by the Board, and upon action taken by the Board after the hearing.

Expulsion Hearings

A formal hearing shall be required in all expulsion actions.

The formal hearing shall observe the due process requirements of:

1. Notification of the charges in writing by certified mail to the student's parent/guardian.
2. At least three (3) days' notice of the time and place of the hearing, which shall include a copy of this policy, hearing procedures, and notice of the right to representation by legal counsel. A student may request the rescheduling of the hearing when the student demonstrates good cause for an extension.
3. The hearing shall be private unless the student or parent/guardian requests a public hearing.
4. Representation by counsel at the parent's/guardian's expense and parent/guardian may attend the hearing.
5. Disclosure of the names of witnesses against the student and copies of their written statements or affidavits.
6. The right to request that witnesses against the student appear in person and answer questions or be cross-examined.
7. The right to testify and present witnesses on the student's behalf.
8. A written or audio record shall be kept of the hearing and a copy made available to the student at the student's expense, or at no charge if the student is indigent.
9. The hearing shall be held within fifteen (15) school days of the notice of charges, unless a delay is mutually agreed to by both parties or is delayed by:
   1. The need for laboratory reports from law enforcement agencies.
   2. Evaluations or other court or administrative proceedings are pending due to a student's invoking their rights under the Individuals with Disabilities Education Act (IDEA).
   3. Delay is necessary due to the condition or best interests of the victim in cases of juvenile or criminal court involving sexual assault or serious bodily injury.
10. Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.

Adjudication

A written adjudication shall be issued after the Board has acted to expel a student. The adjudication may include additional conditions or sanctions.

Attendance/School Work During Suspension and Prior to Expulsion

Students serving an out-of-school suspension must make up missed exams and work and shall be permitted to complete assignments pursuant to established guidelines.

Students who are facing an expulsion hearing must be placed in their normal classes if the formal hearing is not held within the ten-school day suspension, subject to certain limitations.

If it is not possible to hold the formal hearing within the first ten (10) school days, the district may exclude such a student from class for up to five (5) additional – fifteen (15) total – school days if, after an informal hearing, it is determined that the student's presence in their normal class would constitute a threat to the health, safety or welfare of others.

Any further exclusion prior to a formal hearing may be only by mutual agreement. Such students shall be given alternative education, which may include home study.
 

Attendance/School Work After Expulsion

Students who are under eighteen (18) years of age are still subject to compulsory school attendance even though expelled and shall be provided an education.

The parent/guardian has the initial responsibility of providing the required education and shall, within thirty (30) days, submit written evidence to the school that the required education is being provided or that they are unable to do so. If the parent/guardian is unable to provide for the required education, the school district shall, within ten (10) days of receipt of the parent's/guardian's notification, make provision for the student's education.

The Board may provide an educational program to the student immediately upon expulsion and may waive the 30-day period, at its discretion.

Students with Disabilities

A student with a disability shall be provided educational services as required by state and federal laws and regulations and Board policies.

Alternative School

Assignment to an alternative school or other alternative education program shall be in accordance with Board policy.

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines to implement this policy which include:

1. Publication of a Code of Student Conduct/Disciplinary Action Schedule, in accordance with Board policy on student discipline.
2. Procedures that ensure due process when a student is being deprived of the right to attend school.
3. Regulations regarding student records which require that records of disciplinary suspension be maintained in accordance with Board policy on student records.
4. The name of a student who has been disciplined shall not become part of the agenda or minutes of a public meeting, nor part of any public record of the Board. Such students may be designated by code.
5. Any student who has been expelled may apply for readmission to school upon such conditions as may be imposed by the Board.
6. Procedures for lesser levels of discipline including after-school detention, Saturday School, and in-school suspension.

After-School Detention

The administration or any teacher may, if necessary, detain a student for disciplinary reasons after school hours. Detention on one (1) day is to be for a maximum of sixty (60) minutes.

1. The following should be observed when detaining students:

Students are to be given twenty-four (24) hours’ notice so that they can inform their parents/guardians of the detention and arrange for transportation after the detention.

-If a teacher feels that sixty (60) minutes is not sufficient, then another day of detention can be assigned to the student.

2. Students are never to be left alone during their detention. They must always be supervised by the detaining teacher.
3. Occasionally a student may request to be excused from their detention for the assigned day. This decision shall be made by the teacher who assigned the detention. Sometimes, due to family situations and emergencies, it is best that the student’s request be honored. However, it is suggested that the teacher call the student’s parents/guardians, if in doubt.

Saturday School

The administration may assign a student to Saturday School in order to minimize the amount of out of classroom time during an in-school suspension. Saturday School is considered by the district to be a form of in-school suspension.

Saturday School shall be conducted in accordance with the following guidelines:

1. Doors for Saturday School will open at 8:15 a.m. and will close at 8:30 a.m. Students are expected to report on time. It is the student’s responsibility to have all necessary materials to complete any work.
2. A Saturday School absence will only be excused with a physician’s note. In addition, the student must make up the missed day on the following scheduled Saturday.
3. Students who cut Saturday School for the first time will make up the day the following scheduled Saturday School and will receive one (1) day of external suspension in accordance with Board policy and administrative guidelines on student discipline; additional offenses will be handled in accordance with Board policy, administrative guidelines, and the Discipline & Records Handbook.
4. Students who cut Saturday School will be ineligible to participate in extracurricular activities until the original assigned Saturday School day is served.
5. Students must remain quiet and constructively occupied with work throughout the entire morning (8:30-11:30). Suggestions for work include school assignments, other work, silent reading, or assigned reflective writing.
6. Students must remain quiet and constructively occupied with work throughout the entire morning (8:30-11:30 a.m.). Suggestions for work include school assignments, other work, silent reading, or assigned reflective writing.
7. While in Saturday School, students will be given two (2) warnings prior to being sent to the Saturday School Administrator.
8. Sleeping or misbehaving will not be tolerated. Students who fail to follow the Saturday School rules will be charged with a Level II offense.
9. If Saturday School is cancelled due to inclement weather, a banner will be posted on the district website and there will be a voice message at 484-266-1000.

The proctor in charge of each Saturday School classroom shall:

9. Input their name as the proctor on duty for said day on the Shared File or Google Doc.
10. Arrive to duty by 8:10 a.m. on the assigned day.
11. Check the classroom for any abnormalities before the students arrive and immediately report them to the Saturday School Administrator.
12. Take attendance and document information in the Shared File or Google Doc for Saturday School.
13. Review the rules of Saturday School at 8:30 a.m. with students in attendance.
14. Account for students at all times.
15. Monitor the classroom and make sure the students are not sleeping, using a personal cell phone, and/or talking during Saturday School.
16. Check classroom for any abnormalities before the students are dismissed and report them to the Saturday School Administrator.
17. Document completion/concerns of Saturday School in the Shared File or Google Doc.
18. Secure classroom upon exiting.

In School Suspension

In order to maintain greater control and provide more guidance for students whose disruptive behaviors force their temporary removal from the regular classroom, in-school suspension may be conducted in the elementary and secondary schools in conformance with the following guidelines:

1. Students will be assigned to in-school suspension by school administrators.
2. The administration will inform staff members of the names of those students assigned to in-school suspension. This may include notifying the student’s counselor.
3. The administration will notify the parents/guardians in writing that a student has been assigned to in-school suspension, giving the reasons for such assignment, and a conference may be held prior to the student’s re-admittance to regular classes.
4. Each student assigned to the in-school suspension room will report with laptops and assignments.
5. Credit may be given for all assigned class work completed during the period of suspension. This material is to be turned in the first day the student returns to regular class. Students may also make up any test or quiz given during their suspension. Evaluation of class work and test/quiz shall be done by classroom teachers.
6. Students may not attend or participate in extracurricular activities while under in-school suspension.

The teacher in charge of the in-school suspension room at each school shall:

1. Supervise the students assigned to the room and have the task of accounting for all such students under their charge.
2. Maintain daily records of students assigned and written reasons for being assigned and be responsible for seeing that these assignments are completed.
3. Assist students in proper completion of classroom assignments
4. Make referrals to the counselors and home and school visitors regarding students who need special help.
5. Be in daily contact with the administrator delegated by the building principal to be responsible for the coordination of the program.

When no students are assigned to in-school suspension, the teacher will perform duties as assigned by the administrator responsible for in-school suspension.

In consideration of the recent proliferation and extensive utilization of both personal and district technology devices, the district recognizes the need to establish guidelines for the use of such so as not to disrupt the primary function of the schools.

Personal technology devices (personal technology) shall be defined as any device capable of capturing, storing, and/or transmitting information, including text, audio, picture, and/or video data, not owned by the district. These include, but are not limited to, such devices as:

1. cellular telephones and smartphones
2. handheld, tablet, and laptop computers
3. digital music players, including without limitation iPods and MP3 players
4. still and video cameras
5. Wearable technologies including without limitation smart watches, smart glasses, or earbuds

District technology devices (district technology) shall be defined as any device capable of capturing, storing, and/or transmitting information, including text, audio, picture, and/or video data, that is owned by the district and loaned to students for academic purposes. These include, but are not limited to, such devices as:

1. handheld, tablet, and laptop computers
2. still and video cameras

Network shall be defined as the group of interconnected computer systems, both wired and wireless, owned and used by the district in order to share analog and digital information, both voice and data, and access technology and the Internet.

Authority

The Board prohibits use of personal technology by students during the school day in district buildings; on district property; on district buses and vehicles, and during the time students are under the supervision of the district (collectively “on-campus”); unless use is permitted under the guidelines of this policy. Further, the Board prohibits use of personal and district technology in locker rooms, athletic training rooms, bathrooms, health suites, and other changing areas at any time, unless use is permitted under the guidelines of this policy.

The Board prohibits possession of laser pointers and attachments by students in district buildings; on district property; on district buses and vehicles during the time students are under the supervision of the district; and at school-sponsored activities.

Electronic Images and Photographs/Recordings

The Board prohibits the taking, storing, disseminating, transferring, viewing, or sharing of bullying, obscene, pornographic, lewd, or otherwise illegal videos, images, or photographs, whether by electronic data transfer or other means, including but not limited to texting and emailing on both personal and district technology.

Personal and district technology devices that have the capability to take photographs or to record audio or video shall not be used for such purposes while in district buildings, on district property, on district buses and vehicles while under district supervision, or while a student is engaged in district-sponsored activities unless expressly authorized in advance by the building principal or designee.

Because such violations may constitute a crime under state and/or federal law, the district may report such conduct to state and/or federal law enforcement agencies.

Off-Campus Activities

In addition to applying to students when they are on campus, this policy shall also apply to student conduct that occurs at other times and places (“off-campus”) when:

1. The conduct involves, threatens, or makes more likely violence, use of force or other serious harm directed at students, staff, or the school environment;
2. The conduct materially and substantially disrupts or interferes with the school environment or the educational process, such as school activities, schoolwork, discipline, safety, and order on school property or at school functions;
3. The conduct interferes with or threatens to interfere with the rights of students or school staff or the safe and orderly operation of the schools and their programs;
4. The conduct involves the theft or vandalism of school property; or
5. The proximity, timing, or motive for the conduct in question or other factors pertaining to the conduct otherwise establish a direct connection to attendance at school, to the school community, or to a school-sponsored activity. This would include, for example, but not be limited to, conduct that would violate this policy or the Code of Student Conduct/Disciplinary Action Schedule if it occurred in school  and that is committed in furtherance of a plan made or agreed to in school, or acts of vandalism directed at the property of school staff because of their status as school staff.

Guidelines

The district may monitor the use of all personal and district technology during the school day in district buildings; on district property; on district buses and vehicles; during the time students are under the supervision of the district and at school-sponsored activities and, if connected to the network, monitor user conduct and log network utilization which may include deep packet inspection. The district reserves the right, in its sole discretion, to inspect, copy, store, remove, or otherwise alter any data, file, or system resources, encrypted or unencrypted, which may undermine authorized use of the network or the Internet.

In addition, the use of personal and district technology shall not violate local, state, or federal law, or district policies and administrative guidelines, including but not limited to policies regarding Internet safety and acceptable use or discipline.

If an electronic device utilizes the district’s internet connection, the district’s Acceptable Use Policy applies and is incorporated herein by reference.

Devices with Cellular or Satellite Connectivity
Students shall not use cellular or satellite connectivity except when permission is granted by the building administrator for the following reasons:

1. Health, safety, or emergency reasons.
2. An individualized education program (IEP).
3. Classroom or instructional-related activities, as outlined in this policy.
4. Other reasons determined appropriate by the building principal.

Devices Without Cellular or Satellite Connectivity Including but not Limited to Tablet and Mobile Computers, Digital Music Players and Still and Video Cameras

Personal technology, such as laptop, tablet, and mobile computers, digital music players and still and video cameras brought to school shall be restricted to classroom or instructional-related activities and its use shall follow all district policies and administrative guidelines and shall not be used in a manner that causes a disruption of school activities.

Personal technology may be connected to the network, including access to the Internet, under the following conditions:

1. The student shall follow the process defined by the Department of Technology for connecting personal technology to the district network and will not transfer or loan the technology for use by other students.
2. The district retains the right to determine where and when personal technology may access the network.
3. The district and district devices have preferred access to the network and all network devices.
4. As applicable, all personal technology should be running up-to-date virus detection software and operating system critical updates prior to accessing the network. The district at its sole discretion may deny network access to any device that it deems an unacceptable risk to network security.
5. Software residing on personal technology must be personally owned or currently licensed. The student must be able to provide evidence of proper licensing for all software installed on the personal technology when requested.
6. District-owned software or resources may not be installed on personal technology unless designated by the Office of Technology or other written permission from the district.
7. Any software or application that degrades network performance, that consumes resources and/or bandwidth, or that is prohibited by district technology guidelines must not be used while connected to the network. This may include instant messaging, an ISP client, file sharing, streaming applications, and any software identified as a threat to district computer security.
8. Installation of a network device such as a personal wireless access point, router, hub, or switch is prohibited.
9. Users may not create, implement, or host their own servers or services while using personal or district technology at any time.
10. Users may not run software or take any actions that evade or interfere with the district’s ability to monitor network use, scanning or reconnaissance or have the ability to hack into or in any way access private and/or confidential district or other third party resources or information.
11. File storage on the network or a district-provided Internet resource is limited to schoolwork only.
12. The district is not responsible for providing or loaning any equipment, cabling, or software needed to connect a personal device to the network or technology resources. The district will provide no technical support for personal technology.
13. The Director of Technology, Superintendent, or designee has the right to deny the connection of personal technology to the network for any reason. Personal technology may be removed from the district network at any time and for any reason on the recommendation of personnel listed above.

Students shall be responsible for following district rules pertaining to electronic images, videos, and photographs, as outlined in this policy.

Delegation of Responsibility

The district shall not be liable for the loss, damage, or misuse of any personal technology brought to school by a student or the inadvertent loss of data or interference with files for any reason.

The user of personal technology shall, at the discretion of the district, bear the costs of ensuring compliance with this policy.

Responsibility for the maintenance and repair of personal technology rests solely with the student.

Violations of this policy by a student may result in disciplinary action, up to and including expulsion and confiscation and analysis of personal or district technology by school personnel or designee and/or transfer of personal and district technology to law enforcement agencies.

The Department of Technology will promulgate procedures regarding the implementation of this policy. The district and school personnel will support the expectations and responsibilities outlined in this policy and will work cooperatively with the Office of Technology to ensure network and data security.

The Superintendent or designee shall annually notify students, parents/guardians, and employees about this policy.

The Superintendent or designee may develop administrative guidelines to implement this policy.

The Board supports use of the computers, Internet, and other network resources in the district's instructional and operational programs in order to facilitate learning, teaching and daily operations through interpersonal communications and access to information, research, and collaboration.

The district provides students, staff, and other authorized individuals with access to the district’s computers, electronic communication systems and network, which includes Internet access, whether wired or wireless, or by any other means.

For instructional purposes, the use of network facilities shall be consistent with the curriculum adopted by the district as well as the varied instructional needs, learning styles, abilities, and developmental levels of students.

The Board requires that the district-provided computers, Internet, and other network resources must be used for district business or academic purposes, and that all students must comply with this policy and all other applicable district policies, procedures and rules contained in this policy, as well as Internet Service Provider (ISP) terms, and local, state, and federal laws. Students shall immediately report any violations or suspicious activities to the Superintendent or designee.

Additional information included in this policy is available on the district’s website.

The District is committed to the secure management of the district’s electronic data to ensure the confidentiality, integrity, and the availability of the data for all district users.

Additional information included in this policy is available on the district’s website.

The purpose of this policy is to maintain a safe, positive environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the district and are prohibited at all times.

Hazing occurs when a person intentionally, knowingly, or recklessly, for the purpose of initiating, admitting, or affiliating a student into or with an organization, or for the purpose of continuing or enhancing the student’s membership or status in an organization, causes, coerces or forces a student to do any of the following: 

1. Violate federal or state criminal law.
2. Consume any food, liquid, alcoholic liquid, drug, or other substance which subjects the student to a risk of emotional or physical harm.
3. Endure brutality of a physical nature, including whipping, beating, branding, calisthenics, or exposure to the elements.
4. Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact or conduct that could result in extreme embarrassment.
5. Endure brutality of a sexual nature.
6. Endure any other activity that creates a reasonable likelihood of bodily injury to the student.

Aggravated hazing occurs when a person commits an act of hazing that results in serious bodily injury or death to the student and:

1. The person acts with reckless indifference to the health and safety of the student; or
2. The person causes, coerces, or forces the consumption of an alcoholic liquid or drug by the student.

Organizational hazing occurs when an organization intentionally, knowingly, or recklessly promotes or facilitates hazing or aggravated hazing.

Any form of hazing activity, as described above, shall be deemed a violation of this policy regardless of whether:

1. The consent of the student was sought or obtained, or
2. The conduct was sanctioned or approved by the school or organization.

Student activity or organization means any activity, society, corps, team, club, or service, social or similar group, operating under the sanction of or recognized as an organization by the district, whose members are primarily students or alumni of the organization.

For purposes of this policy, bodily injury shall mean impairment of physical condition or substantial pain.

For purposes of this policy, serious bodily injury shall mean bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The Board prohibits hazing in connection with any student activity or organization regardless of whether the conduct occurs on or off school property or outside of school hours.

No student, parent/guardian, coach, sponsor, volunteer, or district employee shall engage in, condone, or ignore any form of hazing.

The Board encourages students who believe they, or others, have been subjected to hazing to promptly report such incidents to the building principal or designee.

Title IX Sexual Harassment and Other Discrimination

Every report of alleged hazing that can be interpreted at the outset to fall within the provisions of policies addressing potential violations of laws against discrimination and Title IX sexual harassment shall be handled as a joint, concurrent investigation into all allegations and coordinated with the full participation of the Compliance Officer and Title IX Coordinator. If, in the course of a hazing investigation, potential issues of discrimination or Title IX sexual harassment are identified, the Compliance Officer and Title IX Coordinator shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination as well as the incidents of alleged hazing.

Discrimination and/or Harassment

Every report of alleged hazing that can be interpreted at the outset to fall within the provisions of policies addressing potential violations of laws against discrimination or harassment shall be handled as a joint, concurrent investigation into all allegations and coordinated with the full participation of the Compliance Officer and/or Title IX Coordinator. If, in the course of a hazing investigation, potential issues of discrimination or harassment are identified, the Compliance Officer and/or Title IX Coordinator shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination or harassment as well as the incidents of alleged hazing.

Delegation of Responsibility

Students, parents/guardians, coaches, sponsors, volunteers, and district employees shall be alert to incidents of hazing and shall report such conduct to the building principal or designee.

When a student's behavior indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy.

The Superintendent or designee may establish administrative guidelines necessary to implement this policy.

Guidelines

In addition to posting this policy on the district’s publicly accessible website, the district shall inform students, parents/guardians, sponsors, volunteers and district employees of the district’s policy prohibiting hazing, including district rules, penalties for violations of the policy, and the program established by the district for enforcement of the policy by means of publication in handbooks and verbal instructions by the coach or sponsor at the start of the season or program.

This policy, along with other applicable district policies, procedures and Codes of Conduct, shall be provided to all school athletic coaches and all sponsors and volunteers affiliated with a student activity or organization, prior to coaching an athletic activity or serving as a responsible adult supervising, advising, assisting or otherwise participating in a student activity or organization together with a notice that they are expected to read and abide by the policies, procedures and Codes of Conduct.

Complaint Procedure

Discrimination and/or Harassment
Every report of alleged hazing that can be interpreted at the outset to fall within the provisions of policies addressing potential violations of laws against discrimination or harassment shall be handled as a joint, concurrent investigation into all allegations and coordinated with the full participation of the Compliance Officer and/or Title IX Coordinator. If, in the course of a hazing investigation, potential issues of discrimination or harassment are identified, the Compliance Officer and/or Title IX Coordinator shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination or harassment as well as the incidents of alleged hazing.

Delegation of Responsibility
Students, parents/guardians, coaches, sponsors, volunteers, and district employees shall be alert to incidents of hazing and shall report such conduct to the building principal or designee.
 
When a student's behavior indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy.
 
The Superintendent or designee may establish administrative guidelines necessary to implement this policy.
 
Guidelines
In addition to posting this policy on the district’s publicly accessible website, the district shall inform students, parents/guardians, sponsors, volunteers and district employees of the district’s policy prohibiting hazing, including district rules, penalties for violations of the policy, and the program established by the district for enforcement of the policy by means of publication in handbooks and verbal instructions by the coach or sponsor at the start of the season or program. 
 
This policy, along with other applicable district policies, procedures and Codes of Conduct, shall be provided to all school athletic coaches and all sponsors and volunteers affiliated with a student activity or organization, prior to coaching an athletic activity or serving as a responsible adult supervising, advising, assisting or otherwise participating in a student activity or organization together with a notice that they are expected to read and abide by the policies, procedures and Codes of Conduct. 
 
Complaint Procedure

A student who believes that they have been subject to hazing is encouraged to promptly report the incident to the building principal or designee.

Students are encouraged to use the district’s report form (247AG1), available from the building principal, or to put the complaint in writing; however, oral complaints shall be accepted and documented. The person accepting the complaint shall handle the report objectively, neutrally, and professionally, setting aside personal biases that might favor or disfavor the student filing the complaint or those accused of a violation of this policy.
 
The Board directs that oral and written complaints of hazing shall be provided to the building principal or designee, who shall promptly notify the Superintendent or designee of the allegations and determine who shall conduct the investigation. Allegations of hazing shall be investigated promptly, and appropriate corrective or preventative action be taken when allegations are substantiated. The Board directs that any complaint of hazing brought pursuant to this policy shall also be reviewed for conduct which may not be proven to be hazing under this policy but merits review and possible action under other Board policies.
 
Interim Measures/Police

Upon receipt of a complaint of hazing, the building principal or designee, in consultation with the Superintendent or designee, shall determine what, if any interim measures should be put in place to protect students from further hazing, bullying, discrimination or retaliatory conduct related to the alleged incident and report. Such interim measures may include, but not be limited to, the suspension of an adult who is involved, the separation of alleged victims and perpetrators, and the determination of what the complaining student needs or wants through questioning.
 
Those receiving the initial report and conducting or overseeing the investigation will assess whether the complaint, if proven, would constitute hazing, aggravated hazing or organizational hazing and shall report it to the police consistent with district practice and, as appropriate, consult with legal counsel about whether to report the matter to the police at every stage of the proceeding. The decision to report a matter to the police should not involve an analysis by district personnel of whether safe harbor provisions might apply to the person being reported, but information on the facts can be shared with the police in this regard. 
 
Referral to Law Enforcement and School Safety and Security Incident Reporting Requirements

For purposes of reporting hazing incidents to law enforcement, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco products; or conduct that constitutes an offense listed  in the school safety and security provisions of the School Code. 
 
The Superintendent or designee shall immediately report required incidents and may report discretionary incidents, as defined in the school safety and security provisions of the School Code committed by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the  law enforcement agency that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with law enforcement and Board policies.
 
The Superintendent or designee shall notify the parent/guardian of any student directly involved in a defined incident as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the  law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian. 
 
In accordance with state law, the Superintendent shall annually, by July 31, report all new incidents to the PA Department of Education on the required form.

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a complaint and the investigation shall be handled in accordance with applicable law, regulations, this policy, and the district’s legal and investigative obligations.

Retaliation

Reprisal or retaliation relating to reports of hazing or participation in an investigation of allegations of hazing is prohibited and shall be subject to disciplinary action, up to and including expulsion.

Consequences for Violations

Safe Harbor –

An individual needing medical attention or seeking medical attention for another shall not be subject to criminal prosecution if the individual complies with the requirements under law, subject to the limitations set forth in law.

Students –

If the investigation results in a substantiated finding of hazing, the investigator shall recommend appropriate disciplinary action up to and including expulsion, as circumstances warrant, in accordance with the Code of Student Conduct/Disciplinary Action Schedule. The student may also be subject to disciplinary action by the coach or sponsor, up to and including removal from the activity or organization. The fact of whether a student qualified for and received safe harbor under a criminal investigation shall be considered in assigning discipline.

Nonstudent Violators/Organizational Hazing -

If the investigation results in a substantiated finding that a coach, sponsor, or volunteer affiliated with the student activity or organization engaged in, condoned, or ignored any violation of this policy, the coach, sponsor, or volunteer shall be disciplined in accordance with Board policy and applicable laws and regulations. Discipline could include, but is not limited to, dismissal from the position as coach, sponsor, or volunteer, and/or dismissal from district employment.

If an organization is found to have engaged in organizational hazing, it shall be subject to the imposition of fines and other appropriate penalties. Penalties may include rescission of permission for that organization to operate on school property or to otherwise operate under the sanction or recognition of the district.

Criminal Prosecution –

Any person or organization that causes or participates in hazing may also be subject to criminal prosecution.

The district recognizes that bullying and intimidation have a negative effect on the learning environment. Students who are intimidated and fearful cannot give their education the single-minded attention needed for success. Bullying can also lead to more serious violence. Every student has a right to an education and to be safe in and around school.

Definitions

Bullying - means an intentional electronic, written, verbal or physical act or series of acts directed at another student or students which occurs in a school setting and/or outside a school setting, that is severe, persistent or pervasive; and has the effect of doing any of the following: (1) substantially interfering with a student’s education; (2) creating a threatening environment; or (3) substantially disrupting the orderly operation of the school.

Bullying, as defined in this policy, includes cyberbullying.

School Setting - means in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised, or sanctioned by the school.

The Board prohibits all forms of bullying by district students.

The Board encourages students who believe they or other students have been bullied to promptly report such incidents to the building principal or designee.

Students are encouraged to use the district’s report form (249AG1), available from the building principal, or to put the complaint in writing; however, oral complaints shall be accepted and documented. The person accepting the complaint shall handle the report objectively, neutrally, and professionally, setting aside personal biases that might favor or disfavor the student filing the complaint or those accused of a violation of this policy.

The Board directs that oral and written complaints of bullying shall be investigated promptly, and appropriate corrective or preventative action shall be taken when allegations are substantiated. The Board directs that any complaint of bullying brought pursuant to this policy shall also be reviewed for conduct which may not be proven to be bullying under this policy but merits review and possible action under other Board policies.

When a student's behavior indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy and administrative guidelines.

Discrimination/Harressment

Every report of alleged bullying that can be interpreted at the outset to fall within the provisions of policies addressing potential violations of laws against discrimination shall be handled as a joint, concurrent investigation into all allegations and coordinated with the full participation of the Compliance Officer and Title IX Coordinator. If, in the course of a bullying investigation, potential issues of discrimination are identified, the Title IX Coordinator shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination as well as the incidents of alleged bullying.

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a complaint and the investigation shall be handled in accordance with applicable law, regulations, this policy, and the district’s legal and investigative obligations.

Retaliation

Reprisal or retaliation relating to reports of bullying or participation in an investigation of allegations of bullying is prohibited and shall be subject to disciplinary action up to and including expulsion.

Delegation of Responsibility

Each student shall be responsible to respect the rights of others and to ensure an atmosphere free from bullying.

The Superintendent or designee may develop administrative guidelines to implement this policy.

The Superintendent or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board.

District administration shall annually provide the information required by law  to the PA Department of Education on the required form or document.

Guidelines

The Code of Student Conduct/Disciplinary Action Schedule, which shall contain this policy, shall be disseminated annually to students

This policy shall be accessible in every classroom. The policy shall be posted in a prominent location within each school building and on the district website. It shall be reviewed with students at least once every school year.

Education

The district may develop, implement, and evaluate bullying prevention and intervention programs and activities. Programs and activities shall provide district staff and students with appropriate training for effectively responding to, intervening in, and reporting incidents of bullying.

Consequences for Violations

Students found to have violated this policy shall be subject to the appropriate consequences set forth in applicable Board policy and administrative guidelines, consistent with the Code of Student Conduct/Disciplinary Action Schedule. Students may be subject to counseling.

Depending on the severity of the incident, the building principal or designee may also take appropriate steps to ensure student safety. These may include, but are not limited to: 

1. Implementing a safety plan
2. Separating and supervising the students involved/ 
3. Providing staff support for students as necessary.
4. Reporting incidents to law enforcement, if appropriate, in the building principal or designee’s sole discretion. 
5. Developing a supervision plan with parents/guardians.

The Board recognizes that tobacco and vaping products, including electronic cigarettes, present a health and safety hazard that can have serious consequences for both users and nonusers, and the school. The purpose of this policy is to prohibit student possession, use, purchase and sale of tobacco and vaping products.

Definitions
For purposes of this policy, tobacco product encompasses not only tobacco but also vaping products including electronic cigarettes (e-cigarettes). Tobacco products, for purposes of this policy and in accordance with state law, shall be defined to include the following:

1. Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, a cigarette, cigar, little cigar, chewing tobacco, pipe tobacco, snuff, and snus.
2. Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette, a cigar, a pipe, and a hookah.
3. Any product containing, made or derived from either:

1. Tobacco, whether in its natural or synthetic form; or
2. Nicotine, whether in its natural or synthetic form, which is regulated by the United States Food and Drug Administration as a deemed tobacco product.

4. Any component, part or accessory of the product or electronic device listed in this definition, whether or not sold separately.

The Board prohibits student possession or use of products marketed and sold as tobacco cessation products or for other therapeutic purposes, except as authorized in the Board’s Medication policy.

The Board prohibits student smoking of any non-tobacco products or the possession of non-tobacco products in a form in which they may be smoked, including but not limited to non-tobacco cigarettes, cigars and little cigars (collectively non-tobacco products).

The Board prohibits the smoking or possession of non-tobacco products at any time in a school building; on any property, buses, vans, or vehicles that are owned, leased, or controlled by the school district; or at school-sponsored activities that are held off school property. 

Delegation of Responsibility

The Superintendent or designee shall annually notify students, parents/guardians, and staff about the Board's tobacco and vaping products policy by publishing information in student handbook(s), the Code of Student Conduct/Disciplinary Action Schedule, parental newsletters, posters, and by other efficient methods such as posted notices, signs and on the district website. 

The Superintendent or designee may develop administrative guidelines to implement this policy.

Parental Report
The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use, purchase, or sale of a tobacco product, immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether the law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.

Annual School Safety and Security Incidents Report
The Superintendent shall annually, by July 31, report all incidents of possession, use or sale of tobacco products by students to the PA Department of Education on the required form.

Law Enforcement Incident Report
The Superintendent or designee may report incidents of possession, use or sale of tobacco products, by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the law enforcement agency that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

Guidelines

A student who violates this policy may be subject to prosecution initiated by the district and, if convicted, may be required to pay a fine up to fifty dollars ($50) for the benefit of the district, plus court costs and attorney's fees. In lieu of the imposition of a fine, the court may admit the student to an adjudication alternative. The district may take disciplinary action as set forth in the code of conduct, Board policy and administrative guidelines. 
Students who have violated this policy shall complete a cessation program. Failure to complete the cessation program may result in additional disciplinary consequences.
If a student is found to be in violation of this policy due to the possession or smoking of any non-tobacco product, and the non-tobacco product constitutes a controlled substance under district policy, the violation shall be addressed under the district’s Controlled Substances/Paraphernalia policy.

Tampering with devices installed to detect use of tobacco products shall be deemed a violation of this policy and subject to disciplinary action.

Students with Disabilities
In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

The Board recognizes that the use and abuse of controlled substances as defined in this policy is a serious problem with legal, physical and social implications for the whole school community. The purpose of this policy is to prohibit student possession, use and/or distribution of controlled substances, except as permitted by applicable state of federal law and Board policy. 

Definitions

For purposes of this policy, controlled substances - shall include, but are not limited to:

1. Any controlled substance prohibited by federal or Pennsylvania laws.
2. Look-alike drugs.
3. Alcoholic beverages.
4. Anabolic steroids.
5. Drug paraphernalia.
6. Any volatile solvents or inhalants, such as but not limited to glue and aerosol products.
7. Substances that when ingested cause a physiological effect that is similar to the effect of a controlled substance as defined by state or federal laws.
8. Prescription or nonprescription (over-the-counter) medications, except those for which permission for use in school has been granted pursuant to Board policy.
9. Any other mood altering substance.

For purposes of this policy, under the influence shall include any consumption or ingestion of controlled substances by a student.

For purposes of this policy, look-alike drug shall include any pill, capsule, tablet, powder, plant matter or other item or substance that is designed or intended to resemble a controlled substance prohibited by this policy or is used in a manner likely to induce others to believe the material is a controlled substance.

The Board prohibits any student from knowingly possessing, using, distributing or being under the influence of any controlled substances during school hours; at any time on school property; at any school sponsored activity or event, and during the time spent traveling to and from school and to and from school-sponsored activities. 

The Board may require participation in drug counseling, rehabilitation, testing or other programs as a condition of reinstatement into the school's educational, extracurricular, or athletic programs resulting from violations of this policy.

Appropriate disciplinary action will be taken by the Board as outlined in applicable Board policy.

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

Off-Campus Activities

This policy shall also apply to student conduct that occurs off school property, or during nonschool hours, to the same extent as provided for in Board Policy on student discipline.

Delegation of Responsibility

The Superintendent or designee may develop administrative guidelines to identify and control substance abuse in the schools which:

1. Establish procedures to appropriately manage situations involving students suspected of using, possessing, being under the influence, or distributing controlled substances.
2. Disseminate to students, parents/guardians, and staff the Board policy and administrative guidelines governing student use of controlled substances.

Guidelines

Anabolic Steroids

The Board prohibits the use of anabolic steroids by students involved in student-related athletics or extracurricular activities except for a valid medical purpose. Body building and muscle enhancement, increasing muscle bulk or strength, or the enhancement of athletic ability are not valid medical purposes. Human Growth Hormone (HGH) shall not be included as an anabolic steroid.

Students shall be made aware of the dangers of steroid use; that anabolic steroids are classified as controlled substances; and that their unauthorized use, possession, purchase, or sale could subject students to suspension, expulsion, and/or criminal prosecution.

Suspected Visitors

Visitors suspected of using, possessing, distributing or being under the influence of controlled substances or of encouraging or promoting such activity while on school property or during the course of school-sponsored activities shall be reported to the building principal or designee, who shall report the visitors to local law enforcement officials, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies and administrative guidelines.

Reasonable Suspicion/Testing

If based on the student's behavior, medical symptoms, vital signs or other observable factors, the building principal or designee has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include but is not limited to the analysis of blood, urine, saliva, or the administration of a Breathalyzer test. Refusal to submit to testing shall be treated as a positive test and the student will be disciplined in accordance with Board policy.

Annually, building principals or designee will notify students and parents/guardians through the student handbook, Code of Student Conduct, or other methods of the resources available to students of Policy 227 and this administrative guideline and of the disciplinary consequences for violation of the Board policy, administrative guidelines and school rules governing prohibited use, possession or distribution of controlled substances and paraphernalia by district students. Each building principal will utilize other means appropriate to student maturity levels to issue information regarding use of controlled substances by students. District administrators will utilize additional means to communicate such policy and administrative guidelines, such as parent newsletters, district website or articles in district publications.

A student who uses, possesses, distributes or is under the influence of any controlled substance as defined in and prohibited by Board policy will be disciplined in accordance with the Code of Student Conduct and be subject to the following procedures.

Definitions

Controlled substances– as defined in Board Policy 227.

Distribution– attempting to or succeeding in delivering, selling, passing, or giving any controlled substance from one (1) individual to another.
 

Drug paraphernalia- any utensil or item that may be associated with the use of controlled substances, as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act.

Look-alike drug– as defined in Board Policy 227.
 

Possession- to hold, handle, control, or conceal for personal use, without any attempt to distribute as defined, any controlled substance.

School property- includes school buildings, school grounds, other district facilities on the grounds of the school campus, school buses or school vehicles, school bus stops, school parking areas and any facility or vehicle used for a school function and includes student travel to and from school and a school-sponsored activity or event.

School-sponsored activity- includes any school-sponsored activity, such as field trips, athletics, band, cheerleading, school clubs, school extracurricular and cocurricular activities, and school events, including but not limited to spirit week, Homecoming, class trips, fundraisers, dances, proms and commencement, regardless of the time frame or location of the activity, and includes the travel time, the activity and any overnight stays.

Student Assistance Program (SAP) Team- a multidisciplinary team comprised of district staff, such as administrators, teachers, psychologists, nurses, counselors and community behavioral health and drug/alcohol counselors. The team is trained to understand and address issues of substance use, abuse and dependency and plays a primary role in the process of identifying and referring students in need of intervention.

Under the influence– as defined in Board Policy 227.

Situational Categories

Student is found to be in possession or under the influence of a controlled substance–First Offense -

1. Immediate Action: Building principal or designee is notified. The staff member writes an anecdotal report of the incident. A staff member remains with the student at all times.
2. Investigation: The student and the student’s locker, vehicle and other possessions on school property may be searched by school administrators, in accordance with Board policy and administrative guidelines. The building principal or designee will meet with the student to ascertain the circumstances related to the possible policy violation.
3. Notification of Parent/Guardian: The building principal or designee will notify the parent/guardian of the student promptly, as soon as practicable. The building principal or designee will inform the parent/guardian whether or not the law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The building principal or designee will document attempts made to reach the parent/guardian.
4. Removal: The student may be sent home or removed from the school to receive medical attention, if required. When the parent/guardian cannot be reached, the building principal or designee will make a determination whether to obtain medical treatment for the student or to temporarily isolate the student.
5. Notification of Law Enforcement: The building principal or designee, in conjunction with the Campus Safety Officer, will notify law enforcement of required incidents and may report discretionary incidents, in accordance with law, the memorandum of understanding and Board policy and administrative guidelines.
6. Disposition of Substance: Building principal or designee will confiscate items or substances found, which may be used as evidence in student discipline proceedings or a criminal investigation. The building principal or designee will ensure that items or substances are properly inventoried, secured and then properly disposed of or turned over to law enforcement authorities, in accordance with Board policy and administrative guidelines.
7. Consequences: Should it be determined the offense was committed by the student, the building principal or designee will initiate discipline procedures. The student will be disciplined according to the Code of Student Conduct and Board policy and administrative guidelines. The recommendation for discipline will be an external suspension from school for ten (10) days. While the student is suspended out of school, the student shall not participate in or attend as a spectator any school-sponsored activity. In addition, the student may be referred to an appropriate agency for counseling and/or treatment. A referral to the SAP Team will be made.

1. 4. Where the controlled substance is an anabolic steroid, the student shall be suspended from school athletics and extracurricular activities for the remainder of the season. The student shall not be eligible to resume participation unless there has been a medical determination that no residual evidence of steroids exists. Participation in counseling, rehabilitation, testing or other programs as a reinstatement in the school athletics or extracurricular activities program may be required.

Student is found to be in possession or under the influence of a controlled substance–Second Offense and Subsequent Offenses –

1. The building principal or designee shall follow Steps #1-6 for when a student is found to be in possession or under the influence of a controlled substance – First Offense.
2. Consequences: Should it be determined the offense was committed by the student, the building principal or designee will initiate discipline procedures. The student will be disciplined according to the Code of Student Conduct and Board policy and administrative guidelines. All penalties that govern a first offense shall apply under the second offense. In addition, the student may be recommended for expulsion. Expulsion is exclusion from school for a period that exceeds ten (10) school days and may be permanent.

1. Where the controlled substance is an anabolic steroid, the following additional discipline shall apply:

1. First offense involving an anabolic steroid: The student shall be suspended from school athletics and extracurricular activities for the remainder of the season.
2. Second offense involving an anabolic steroid: The student shall be suspended from school athletics and extracurricular activities for the remainer of the season and the following season.
3. Third offense involving an anabolic steroid: The student shall be permanently suspended from school athletics and extracurricular activities.
4. All offenses involving an anabolic steroid: The student shall not be eligible to resume participation unless there has been a medical determination that no residual evidence of steroids exists. Participation in counseling, rehabilitation, testing or other programs as a reinstatement in the school athletics or extracurricular activities program may be required.

Student is distributing a controlled substance –

1. The building principal or designee shall follow Steps #1-6 for when a student is found to be in possession or under the influence of a controlled substance – First Offense.
2. Consequences: Should it be determined the offense was committed by the student, the building principal or designee will initiate discipline procedures. The student will be disciplined according to the Code of Student Conduct and Board policy and administrative guidelines. The student will be externally suspended from school for ten (10) school days, and the student shall be recommended for expulsion. Expulsion is exclusion from school for a period that exceeds ten (10) school days and may be permanent. While the student is suspended out of school or expelled, the student shall not participate in or attend as a spectator any school-sponsored activity. In addition, the student may be referred to an appropriate agency for counseling and/or treatment. A referral to the SAP Team will be made.

Student has a medical emergency related to controlled substance use, including symptoms of overdose, staggering, slurred speech, incoherence, dazed appearance –

1. Immediate Action: Building principal or designee and school nurse are immediately notified. Standard medical emergency procedures are followed. Student is transported to an appropriate medical facility when necessary.
   
   Board policy and procedures regarding administration of Naloxone will be implemented, when applicable.

Appropriate Situational Category above will be followed regarding controlled substance use, following resolution of medical emergency.

Student volunteers information about personal substance use or is voluntarily referred by anyone else, requests help, and is not under the immediate influence of a controlled substance–

1. Immediate Action: Staff member refers student to a school nurse, counselor or member of the SAP Team.

To maintain order and discipline in schools and to protect the safety and welfare of students and school personnel, the Board reserves the right to authorize school officials to search students’ persons, personal effects, lockers, automobiles, and/or school property in certain circumstances and may seize any illegal or unauthorized materials discovered during the search.

It is prohibited for any student while at school, to possess illegal materials on their person, in their personal effects, in their locker or their automobile or to use in any manner, or to sell any substance, item, or device, the use, possession, or sale of which is a violation of federal, state or local law or district policy or administrative guidelines, or constitutes a threat to the health, safety, welfare or good order of the occupants of the school building, the school building itself, or the district.

Parents/Guardians and students shall be notified at least annually or more often, if deemed appropriate, of the contents of the search policy.

All school personnel shall cooperate in every manner possible in carrying out this policy.

The Superintendent or designee may develop administrative guidelines to implement this policy.

Definition

Reasonable suspicion is generally defined as a conclusion arrived at by a reasonable, prudent and conscientious mind, from facts at hand; it is not caused by such improper motives as a dislike for a student or malice, but only from the facts which are known. If they logically, rationally and in the exercise of good common sense, lead a reasonable, prudent, and discrete person to conclude that a student has illegal material on school property or on their person, this is a reasonable suspicion, but there must be a fair and conscientious consideration of only the facts that are known.

Guidelines

General Search Procedures

Any building administrator, teacher, or other district employee who reasonably suspects that a student has in their possession on the school property or sells or uses on school property any illegal material, shall proceed as follows:

1. The matter or incident should be referred immediately to the building principal with an explanation of what facts led to the conclusion that the student possesses, uses, or sells illegal material
2. The building principal or designee shall then discuss with the student privately the facts as related to the building principal and ask the student to consent to a search of their person, personal effects, locker, and/or automobile. Notwithstanding the foregoing, where there is reasonable suspicion that the item to be searched contains materials that pose a threat to the health, safety or welfare of students, such items may be searched without prior notice to the student.
3. Failure to comply with a search when the building principal or designee has reasonable suspicion to search shall be considered to be possession of the illegal material and be subject to disciplinary action consistent with Board policy and administrative guidelines for possession of the illegal material.
4. Any search conducted shall be reasonably related in scope to the circumstances which justified the search at its inception.
5. When a search is made of a student’s person, personal effects, locker, and/or automobile, at least one (1) other teacher or school official shall be present in addition to the building principal or designee. Except in emergency situations, reasonable steps should be taken to ensure the student is given an opportunity to be present during the search.
6. If illegal material is found, it should be confiscated, marked in some identifying manner in the presence of the student, if possible, and with at least one other teacher and/or administrator present and then held in a secure place.
7. The building principal or designee shall be responsible for the safekeeping and proper disposal of any illegal material found.
8. The building principal or designee shall be responsible for the prompt recording, in writing, of each search; such record shall include the:

1. Reasons for the search,
2. Persons present,
3. Objects found and;
4. Disposition of illegal materials found.

9. Confiscated illegal materials may be used against the student in school disciplinary proceedings.
10. If illegal material is found, the appropriate law enforcement agency shall be contacted.
11. Illegal material shall be turned over to the appropriate law enforcement agency for further investigation and proceedings.

School officials may conduct periodic blanket searches of school property, without individualized suspicion of any particular student, where school officials are able to articulate evidence of a substantial problem threatening the welfare or safety of the school as a whole and that blanket searches may help eliminate that problem.

Personal Searches

A student’s person and/or personal effects (e.g purse, bookbag, etc.) may be searched whenever a school official has reasonable suspicion to believe that a student is in possession of illegal materials.

Consistent with this policy, the Board authorizes district personnel to conduct a personal search at any time for the purpose of determining whether the student is in possession of illegal materials. 

If a pat down search of student’s person is conducted, it will be conducted privately by a school official of the same sex and with an adult witness of the same sex present.

Strip searches or searches that involve the removal of clothing other than jackets, outerwear, hats, etc. shall not occur without consultation with the Superintendent or designee. 

Where reasonable suspicion exists that a student's personally owned cell phone or other personally owned electronic device or data or activity contained on the phone/device or any application therein contains evidence of a violation of federal, state or local law, or district policy or administrative guidelines, school officials may seize the student's personally owned cell phone or device but shall not conduct any further search or inspection of the phone/ device or its contents. Law enforcement shall be contacted in order to conduct any search or inspection permitted by law that is deemed appropriate under the circumstances. Consistent with Board policy and administrative guidelines, all district owned devices and accounts are and remain property of the district and students have no expectation of privacy on those devices and accounts.

Locker Searches

All lockers are and shall remain the property of the district. Students shall have no expectations of privacy in their lockers.

In order to have use of a school locker, students shall be required to sign a waiver authorizing the building principal or designee to search the interior of the student’s locker.

Students are encouraged to keep their assigned lockers closed and locked against incursion by other students; but no student may use a locker as a depository for illegal materials.

The Board authorizes district personnel to inspect a student’s locker at any time for the purpose of determining whether the locker is being improperly used for the storage of illegal materials.

Whenever the search of a student’s locker is prompted by the reasonable suspicion that the contents of the student’s locker create an emergency, the building principal or designee may open the locker as soon as is necessary to properly discharge their duty to protect the persons and property within the school building.

Other than as provided as to dog or blanket searches, all requests for the search of a student’s locker coming from law enforcement personnel shall be directed to the building principal or designee, who shall open a student’s locker on the request of a law enforcement officer only on presentation of a duly authorized search warrant or on the intelligent and voluntary consent of the student.

Automobile Search

School parking lots are owned by the district and the district exercises exclusive control over its parking lots. Use of the parking lots is a privilege, not a right.

Students have no expectation of privacy regarding items placed in their vehicles in the parking lot.

The parking lot may be subject to routine patrols and inspections of the exterior of vehicles and visual inspection of those items within the vehicles which are in plain view and visible through the windows of the vehicle while on school property. Routine patrols may be conducted by district personnel or dogs.

Interiors of vehicles may be searched whenever a school authority has reasonable suspicion to believe that illegal materials are contained therein.
 
Patrols and inspections may be conducted without notice, without student consent and without a search warrant.

Use of Dogs for Searches

It shall be the policy of the district to permit district personnel to conduct blanket searches of the school property with professionally trained handlers and dogs for the purposes of detecting illegal materials.

Parents/Guardians and students are hereby notified of this policy through its inclusion in the Student Discipline & Records Policy Handbook. Once this notification has been given, the district has met its obligation to advertise the searches. Additional notice need not be given and actual times or dates of planned searches need not be released in advance.

District personnel shall authorize the search and have a designee on hand while the search is taking place.

All school property, including, but not limited to lockers, classrooms, storage areas, and parking lots, may be searched. Individual(s) will not be subjected to a search by dogs.

Use of Passive, Non-Invasive Breath Tests

At the discretion of the district, at certain non-compulsory district-sponsored or related events, including events conducted on or away from district property, all students may be subjected to a passive, non-invasive breath test as a condition of attendance. 

Refusal to submit to a passive, non-invasive breath test will be considered to be a positive test and the student will be disciplined in accordance with Board policy and administrative guidelines.
 

The Board shall not be responsible for the diagnosis and treatment of student illness. The administration of prescribed medication to a student during school hours in accordance with the direction of a parent/guardian and licensed prescriber will be permitted only when failure to take such medicine would jeopardize the health of the student or the student would not be able to attend school if the medicine were not available during school hours.

Before any medication may be administered to or by any student during school hours, the Board shall require the written request of the parent/guardian, giving permission for such administration.

All medication shall be brought to the nurse’s office, or the main office if the nurse is in another building, by the parent/guardian or by another adult designated by the parent/guardian. All medication shall be stored in the original pharmacy-labeled container and kept in a locked cabinet designated for storage of medication. Medications that require refrigeration shall be stored and locked in a refrigerator designated only for medications. The district shall not store more than a thirty-day supply of an individual student’s medication.

Medication should be recorded and logged in with the date, name of student, name of medication, amount of medication, and signatures of the parent/guardian or designated adult delivering the medication and the school health personnel receiving the medication.

Additional information included in this policy is available on the district’s website.

The Board shall permit students in district schools to possess asthma inhalers and epinephrine auto-injectors and to self-administer the prescribed medication in compliance with state law and Board policy.

Definitions

Anaphylaxis: a sudden, severe allergic reaction that involves various areas of the body simultaneously. In extreme cases, anaphylaxis can cause death.

Asthma inhaler shall mean a prescribed device used for self-administration of short-acting, metered doses of prescribed medication to treat an acute asthma attack.

Epinephrine auto-injector shall mean a prescribed disposable drug delivery system designed for the self-administration of epinephrine to provide rapid first aid for persons suffering the effects of anaphylaxis.

Self-administration shall mean a student’s use of medication in accordance with a prescription or written instructions from a licensed physician, certified registered nurse practitioner or physician assistant.

Guidelines

Administration of asthma inhalers and epinephrine auto-injectors shall comply with Board policy, administrative guidelines, district procedures and individualized student plans such as an Individualized Education Program (IEP), Section 504 Service Agreement Plan, Individualized Healthcare Plan (IHP), or Emergency Care Plan (ECP).

Before a student may possess or use an asthma inhaler or epinephrine auto-injector in the school setting, the district shall require the following:

1. A written request from the parent/guardian that the school complies with the order of the licensed physician, certified registered nurse practitioner or physician assistant.
2. A written statement from the parent/guardian acknowledging that the school is not responsible for ensuring the medication is taken and relieving the district and its employees of responsibility for the benefits or consequences of the prescribed medication.
3. A written statement from the licensed physician, certified registered nurse practitioner or physician assistant that states:

1. 1. Name of the drug.
   2. Prescribed dosage.
   3. Times medication is to be taken.
   4. Length of time medication is prescribed.
   5. Diagnosis or reason medication is needed, unless confidential.
   6. Potential serious reaction or side effects of medication.
   7. Necessary emergency response.
   8. If student is qualified and able to self-administer the medication.
       

The student shall notify the school nurse immediately following each use of an asthma inhaler or epinephrine auto-injector.

The district reserves the right to require a statement from the licensed physician, certified registered nurse practitioner or physician assistant for the continued use of a medication beyond the specified time period.

A written request for student use of an asthma inhaler and/or epinephrine auto-injector shall be submitted annually, along with required written statements from the parent/guardian and an updated prescription. If there is a change in the student's prescribed care plan, level of self-management or school circumstances during the school year, the parent/guardian and the licensed physician, certified registered nurse practitioner or physician assistant shall update the written statements.

Student health records shall be confidential and maintained in accordance with state and federal laws and regulations.

A student whose parent/guardian completes the written requirements for the student to possess an asthma inhaler or epinephrine auto-injector and to self-administer the prescribed medication in the school setting shall demonstrate to the school nurse the competency for self-administration and responsible behavior in use of the medication. Determination of competency for self-administration shall be based on the student’s age, cognitive function, maturity, and demonstration of responsible behavior.

Students shall be prohibited from sharing, giving, selling, and using an asthma inhaler or epinephrine auto-injector in any manner other than which it is prescribed during school hours, at any time while on school property, at any school-sponsored activity, and during the time spent traveling to and from school and school-sponsored activities. Violations of this policy shall result in loss of privilege to self-carry the asthma inhaler or epinephrine auto-injector and disciplinary action in accordance with Board policy.

If the district denies a student’s request to self-carry an asthma inhaler or epinephrine auto-injector or the student has lost the privilege of self-carrying an asthma inhaler or epinephrine auto-injector, the student’s prescribed medication shall be appropriately stored at a location in close proximity to the student. The student’s classroom teachers shall be informed where the medication is stored and the means to access the medication.

The district shall annually distribute to students and parents/guardians this policy along with the Code of Student Conduct/Disciplinary Action Schedule.

The district shall post this policy on the district website, if available.

Delegation of Responsibility

The Superintendent or designee, in conjunction with the school nurse(s), may develop administrative guidelines for student possession of asthma inhalers or epinephrine auto-injectors and self-administration of prescribed medication.

The Board prohibits the use of corporal punishment by district staff to discipline students for violations of Board policies, the Code of Student Conduct/Disciplinary Action Schedule and district rules and administrative guidelines.

Reasonable force may be used by teachers and school authorities under any of the following circumstances: to quell a disturbance, obtain possession of weapons or other dangerous objects, for the purpose of self-defense, and for the protection of persons or property.

The Board recognizes the danger that terroristic threats by students present to the safety and welfare of district students, staff, and community. The Board acknowledges the need for an immediate and effective response to a situation involving such a terroristic threat.

Definitions

Communicate - shall mean to convey in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, and similar transmissions.

Terroristic threat - shall mean a threat communicated either directly or indirectly to commit any crime of violence with the intent to: terrorize another; cause evacuation of a building, place of assembly, or facility of public transportation; or to otherwise cause serious public inconvenience, or cause terror, or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

The Board prohibits any district student from communicating terroristic threats directed at any student, employee, Board member, community member, or property owned, leased, or being used by the district.

Delegation of Responsibility

The Superintendent or designee, in coordination with the threat assessment team, shall react promptly to information and knowledge concerning a possible or actual terroristic threat. Such action shall be in compliance with state law and regulations, Board policy and administrative guidelines, the procedures set forth in the memorandum of understanding with law enforcement agencies having jurisdiction over school property, and the district’s emergency preparedness plan.

The Superintendent or designee may develop administrative guidelines to implement this policy.

Guidelines

In all cases of terroristic threats, where a student’s behavior indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy.

Staff members and students shall be made aware of their responsibility for informing the threat assessment team regarding any information or knowledge relevant to a possible or actual terroristic threat.

The threat assessment team shall immediately inform the Superintendent or designee, School Safety and Security Coordinator, Public Safety Supervisor and building principal of a terroristic threat, in accordance with Board policy and administrative guidelines. 
 
The Superintendent or designee may report incidents involving terroristic threats on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the law enforcement agency that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with law enforcement and Board policies. 
 
The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving a terroristic threat as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of terroristic threats to the PA Department of Education on the required form. 

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

If a student is expelled for making terroristic threats, the Board may require, prior to readmission, that the student provide competent and credible evidence from a behavioral service provider that the student does not pose a risk of harm to others.

The Board recognizes the importance of a safe school environment relative to the educational process. Possession of weapons in the school setting is a threat to the safety of students and staff and is prohibited by law.

Definitions

Weapon - the term shall include but is not limited to any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, and any other tool, instrument or implement capable of inflicting serious bodily injury.

Possession - a student is in possession of a weapon when the weapon is found on the person of the student; in the student's locker or assigned storage area; or under the student's control while on school property, on property being used by the school, at any school function or activity, at any school event held away from the school, or while the student is coming to or from school.

Replica Weapon - a device or object that is a facsimile or toy version of, or reasonably appears to be a weapon. This may include, but is not limited to air guns, BB guns, and pellet guns.

Authority

The Board prohibits students from possessing and bringing weapons and replica weapons into any district buildings, onto school property, to any school-sponsored activity, and onto any public vehicle providing transportation to or from school or a school-sponsored activity or while the student is coming to or from school.

The Board shall expel for a period of not less than one (1) year any student who violates this policy. Such expulsion shall be given in conformance with formal due process proceedings required by law and Board policy. The Superintendent may recommend modifications of such expulsion requirement on a case-by-case basis.

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with law enforcement and Board policies.

Delegation of Responsibility

The Superintendent or designee shall react promptly to information and knowledge concerning possession of a weapon or replica weapon. Such action shall be in compliance with state law and regulations and with the procedures set forth in the memorandum of understanding with the law enforcement agency that has jurisdiction over the school’s property and the district’s emergency preparedness plan.

When the behavior of a student in possession of a weapon or replica weapon indicates a threat to the safety of the student, other students, school employees, school facilities, the community or others, district staff shall report the student to the threat assessment team, in accordance with applicable law and Board policy.

The Superintendent or designee may develop administrative guidelines to implement this policy.

Guidelines

The Superintendent or designee shall immediately report incidents involving weapons or replica weapons on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the Public Safety Supervisor or designee and law enforcement agency that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving weapons as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the law enforcement agency that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents involving possession of a weapon to the PA Department of Education on the required form.

The building principal shall annually inform staff, students and parents/guardians about the Board policy prohibiting weapons and replica weapons and about their personal responsibility for the health, safety, and welfare of the school community.

An exception to this policy may be made by the Superintendent, in accordance with law, who shall prescribe special conditions or administrative guidelines to be followed.

In accordance with federal law, possession, or discharge of a firearm in, on, or within 1,000 feet of school grounds is prohibited. Violations shall be reported to the appropriate law enforcement agency.

Transfer Students

When the district receives a student, who transfers from a public or private school during an expulsion period for an offense involving a weapon, the district may assign that student to an alternative assignment or may provide alternative education, provided the assignment does not exceed the expulsion period.
 

Transportation for students shall be provided in accordance with law and Board policy.

Definition

For purposes of this policy, the term bus shall include, but not be limited to, all district buses, vehicles, or other conveyances.

The Board shall provide transportation for resident students in grades kindergarten through 12 to the district’s public schools and charter, regional charter and nonpublic schools located in the district or within the district’s transportation boundary or other placements as required by law or agreements. The district’s transportation boundary is a distance not exceeding ten (10) miles by the nearest public highway outside the district’s border.

The Board shall provide transportation for students living within the prescribed limits when walking conditions to the school are found to be hazardous by the Pennsylvania Department of Transportation.

The Board shall provide transportation for students with disabilities, without regard to distance or hazardous walking conditions, when required by the student’s individualized education program (IEP) or Section 504 Service Agreement.

The Board shall provide transportation for students in foster care in accordance with federal and state laws and regulations, and the local transportation plan.

The Board shall provide transportation for homeless children and youths in accordance with federal and state laws and regulations.

The Board shall provide transportation for home education students as required by law.

The Board shall contract for school bus services for transportation of students to and from school at regularly scheduled hours and for field trips and extracurricular activities.

Additional information included in this policy and its administrative guidelines is available on the district’s website.

Bus conduct shall be in accordance with applicable law, state regulations, and Board policy to ensure the safety of all students using school transportation.

The Board has the authority to make reasonable and necessary rules governing the conduct of students in school. All students are considered under the jurisdiction of the bus conduct regulations if being transported via a district bus or vehicle. The Board is responsible for the adoption of policies and establishment of criteria and procedures governing discipline related to transportation for both public and nonpublic school students.

Definition

For purposes of this policy, the term bus shall include, but not be limited to, all district provided buses, vehicles, or other conveyances.

Guidelines

Bus transportation is a privilege extended only to students who display good conduct while preparing to ride, riding, and leaving the bus. Failure to follow the rules can create an unsafe environment on or around the bus, which increases the risk of injury or accident for all the other riders and drivers.

Consistent with Board policy and administrative guidelines, all students are considered to be under the jurisdiction of the district while going to, remaining at, and returning from school, or at any school-sponsored activity.

District students who fail to comply with the rules may be suspended and/or removed indefinitely from their bus if the violation warrants. More serious incidents may involve suspension or expulsion from school and possible action by law enforcement.

In accordance with the transportation rules and consequences which apply to district students, the district may refuse to provide transportation or to provide reimbursement for any such transportation or in any other way comply with the law for a nonpublic, charter or home education student who violates the district’s policies and administrative guidelines.

Bus conduct for special education students shall be in compliance with special education regulations.

Parents/Guardians are responsible for transporting their student to and from school if the student has been excluded from bus transportation for disciplinary reasons.

The Superintendent or designee may promulgate administrative guidelines to implement this policy.

The schools are responsible for the safety of all students using school transportation. Therefore, no student can be permitted to behave in such a manner that could endanger their own safety or the safety of others. The following Rules of Bus Conduct shall be observed on all district provided transportation.

For purposes of this administrative guideline, the term 'bus' shall include, but not be limited to, all district provided buses, vehicles, or other conveyances.

Bus Stop – Rules of Conduct

Level I

Students shall...

1.   Arrive at the bus stop at least five (5) minutes before the scheduled bus arrival.

2.   Wait in a safe place, clear of traffic and away from where the bus stops.

3.   Wait in an orderly line and avoid horseplay.

4.   Cross the road or street in front of the bus only after the bus has come to a complete stop and the student has look in both directions to make sure all traffic has stopped.

5.   Cross the road or street in front of the bus after exiting the bus, stopping in front of the bus, and checking that traffic has stopped in all directions.

6.   Not commit Level 1 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1)

Level II

Students shall...

1.   Not run after a moving bus or through traffic.

2.   Not play on or litter on private property.

3.   Not commit Level 2 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1)

Level III

Students shall...

1. Not damage private property at a bus stop.
2. Not push others toward a moving vehicle.
3. Not commit Level 3 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1)

On the Bus – Rules of Conduct

Level I

Students shall…

1.   Follow directions of the driver the first time given.

2.   Not distract the driver’s attention by engaging in loud talking or disorderly behavior while the bus is in motion.

3.   Go directly to an available seat or assigned seat when entering the bus.

4.   Not save seats for a friend which unduly limits bus seating capacity.

5.   Remain seated and keep aisles and exits clear.

6.   Carry only objects that can be held on their laps.

7.   Not eat, drink, or chew gum on the bus.

8.   Wear seat belts if they are installed on vehicle.

9.   Not litter on the bus.

10. Not commit Level 1 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1)

Level II

Students shall…

5. 1. 1. 1. Not tamper with the bus or any of its equipment
         2. Not throw or pass objects on, from or into buses.
         3. Not use tobacco or vaping products, matches or any open flame on the bus.
         4. Not carry hazardous materials, nuisance items, or animals (other than service animals) on the bus.
         5. Not leave or board the bus at locations other than the assigned stops at home or school.
         6. Not extend any part of their body or objects out of the bus windows.
         7. Not commit Level 2 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1).

Level III

Students shall…

1. Not hitch rides via the rear bumper or other parts of the bus.
2. Not vandalize a bus or bus equipment.
3. Not commit Level 3 offenses as set forth in the Student Code of Conduct/Disciplinary Action Schedule (218AG1)

Bus Conduct Disciplinary Schedule

Student misbehavior will necessitate disciplinary action by the building principal or designee. The disciplinary action shall be based on the level (Level I, II, III) of the infraction listed in the Rules of Bus Conduct and shall be consistent with the Bus Conduct Disciplinary Action Schedule. The building’s principal or designee may also use disciplinary actions listed in Policies 218 & 218AG1, Student Discipline as they deem appropriate. Where the offenses may also be a violation of law referral to law enforcement may be made.

Level I - Elementary

1st Offense:

-Verbal warning and/or reassigned seat

2nd Offense:

-Assigned seat

-Parent/Guardian call

3rd Offense:

-Parent/Guardian call and/or meeting

-1 day suspension from bus

4th Offense:

-Automatic Level II, 2nd offense consequences as set forth in Policy 218AG1

Level I - Secondary (Middle & High School)

1st Offense:

-Verbal warning and/or assigned seat

2nd Offense:

-Assigned seat

-Parent/Guardian call

3rd Offense:

-Parent/Guardian call and/or meeting

-1-3 day suspension from bus

4th Offense:

-Automatic Level II, 2nd offense consequences as set forth in Policy 218AG1

Level II - Elementary

1st Offense:

-Assigned seat

-Parent/Guardian call

2nd Offense:

-Parent/Guardian call and/or meeting

- 2-3 day suspension from bus

3rd Offense:

-Automatic Level III consequences as set forth in Policy 218AG1

Level II – Secondary (Middle & High School)

1st Offense:

-Parent/Guardian call and/or meeting

- 1-3 day suspension from bus

2nd Offense:

-Parent/Guardian call and/or meeting

-3-5 day suspension from bus

3rd Offense:

-Automatic Level III consequences as set forth in Policy 218AG1

Level III - Elementary*

1st Offense:

-Meeting with parent/guardian

- Up to 5 day suspension from bus

2^nd Offense:

-Automatic Level III consequences as set forth in Policy 218AG1

-10 day suspension from bus

Level III - Secondary* (Middle & High School)

1st Offense:

-Meeting with parent/guardian

- Up to 10 day suspension from bus

2^nd Offense:

-Automatic Level III consequences as set forth in Policy 218AG1

-10 day suspension from bus

*NOTE: If the administrator considers the committing of a Level 3 offense a serious threat to the health, safety, or welfare of others, they may extend the suspension from the bus beyond the normal suspension period as long as the suspension does not exceed the remainder of the school year.

The use of video and audio recording equipment supports efforts to maintain discipline and to ensure the safety and security of all students, staff, contractors, and others being transported on district-owned, operated, or contracted school buses or school vehicles. 

Definitions

School bus means a motor vehicle that is designed to carry eleven (11) passengers or more, including the driver, and is used for the transportation of preprimary, primary, or secondary school students to or from public, private, or parochial schools or events related to such schools or school-related activities.

School vehicle means a motor vehicle, except a motorcycle, designed for carrying no more than ten (10) passengers, including the driver, and used for the transportation of preprimary, primary, or secondary school students while registered by or under contract to the district. The term includes vehicles having chartered, group, and party rights under the Pennsylvania Public Utility Commission and used for the transportation of school children.

The Board authorizes the use of video and audio recording on school buses and vehicles for disciplinary and security purposes.

The Board prohibits the use of audio-recording on any school bus or vehicle that is not being used for a school related purpose.

Delegation of Responsibility

The Board directs the Superintendent or their designee to ensure that:

Each school bus and school vehicle that is equipped with video and audio recording equipment contains a clearly posted notice informing drivers and passengers of the potential for video and audio recording.
1.    This policy is posted on the district's publicly accessible website. 
2.    Each school year, this policy is included in the student handbook and in any other district publication that sets forth the comprehensive rules, procedures and standards of conduct.

The Superintendent or designee may develop administrative guidelines to implement this policy.

Guidelines

The district shall comply with the provisions of federal and state law and regulations regarding student record requirements as applicable to the district’s use and disclosure of recordings.

Use of Recorded Documentation
Review of video and/or audio recordings shall be limited to the building principal, Transportation Manager, and the Superintendent or designees. However, the video and/or audio recordings may be used in expulsion or other disciplinary hearings if the video and/or audio recording provides evidence in the case.

A request for review of a video and/or audio recording may be made by a student’s parent/guardian if the student has been video and/or audio recorded and disciplinary action has been recommended. All requests shall be in writing and addressed to the building principal. Parents/Guardians may only view the portion of the recording that documents the alleged misbehavior of their student on the school bus or vehicle. The building principal or their designee shall be present during the viewing to ensure that such viewing shall be in accordance with the Family Educational Rights and Privacy Act which may include the redaction of other students.

Record Retention 
Video and/or audio recordings shall be preserved only until disposition in any disciplinary action is reached. Other video and/ or audio recordings shall be retained in accordance with the district’s Record Retention Schedule or required litigation hold.
 

Student-Initiated Use of Livestream Video

The Board prohibits student-initiated use of livestream video at any time during the school day, including transportation to and from school, or at any school-sponsored event that is not open to the general public, unless the building administrator has authorized the use of livestream video by giving written consent.

Additional information included in this policy and its administrative guidelines is available on the district’s website.

The Board declares it to be the policy of this district to provide an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination on the basis of race, color, age, religious creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy, or handicap/disability.
 
The Board also declares it to be the policy of this district to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the district may be referred to the Title IX Coordinator, to the Office for Civil Rights of the U.S. Department of Education, or both.
 
The district is committed to the maintenance of a safe, positive learning environment for all students that is free from discrimination by providing all students admission, course offerings, counseling, assistance, services, employment, athletics and extracurricular activities without any form of discrimination, including Title IX sexual harassment. Discrimination is inconsistent with the rights of students and the educational and programmatic goals of the district and is prohibited at, or- in the course of, district-sponsored programs or activities, including transportation to or from school or school-sponsored activities.
 
Violations of this policy, including acts of retaliation as described in this policy, or knowingly providing false information, may result in disciplinary consequences under applicable Board policy, administrative guidelines and procedures.
 
The Board directs that the foregoing statement of Board policy be included in each student and staff handbook, and that this policy and administrative guidelines be posted to the district’s website.
 
The Board requires a notice stating that the district does not discriminate in any manner, including Title IX sexual harassment, in any district education program or activity, to be issued to all students, parents/guardians, employment applicants, employees and all unions or professional organizations holding collective bargaining or professional agreements with the district. All discrimination notices and information shall include the title, office address, telephone number and email address of the individual(s) designated as the Compliance Officer and Title IX Coordinator.

Delegation of Responsibility

In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Assistant Director of Human Resources as the district's Compliance Officer and the Director of Teaching, Learning and Equity as the district's Title IX Coordinator. 
 
The Compliance Officer can be contacted at:
          Address: 782 Springdale Drive, Exton PA 19341
          Email: complianceofficer@wcasd.net
          Phone Number: 484-266-1000
 
The Title IX Coordinator can be contacted at:
          Address: 782 Springdale Drive, Exton PA 19341
          Email: titleIXcoordinator@wcasd.net
          Phone Number: 484-266-1000
 
The Compliance Officer and Title IX Coordinator shall fulfill designated responsibilities to ensure adequate nondiscrimination procedures are in place, to recommend new procedures or modifications to procedures and to monitor the implementation of the district's nondiscrimination procedures in the following areas as appropriate:

1.     Curriculum and Materials - Review of curriculum guides, textbooks, and supplemental materials for discriminatory bias.
2.     Training - Provide training for students and staff to prevent, identify and alleviate conduct which may constitute discrimination.
3.     Resources - Maintain and provide information to staff on resources available to complainants in addition to the school complaint procedure or Title IX procedures, such as making reports to law enforcement and available supportive measures.
4.     Student Access - Review of programs, activities, and practices to ensure that all students have equal access and are not segregated except when permissible by law or regulation.
5.     District Support - Assure that like aspects of the school programs and activities receive like support as to staffing and compensation, facilities, equipment, and related areas.
6.     Student Evaluation - Review of assessments, procedures, and guidance and counseling materials for stereotyping and discrimination.
7.     Reports/Formal Complaints - Monitor and provide technical assistance to individuals involved in managing informal reports and formal complaints.

The Superintendent or designee may develop administrative guidelines to implement this policy.

Definitions

Complainant shall mean an individual who is alleged to be the victim.

Respondent shall mean an individual alleged to be the perpetrator of the discriminatory conduct.

Retaliation shall mean actions including, but not limited to, intimidation, threats, coercion, or discrimination against a victim or other person because they report conduct that may constitute discrimination or harassment, including Title IX sexual harassment, in accordance with Board policy, administrative guidelines and procedures, participate in an investigation or other process addressing discrimination or Title IX sexual harassment, or act in opposition to discriminatory practices.

The following actions shall not constitute retaliation:

1.     An individual exercising free speech under the rights protected by the First Amendment.
2.     The assignment of consequences consistent with Board policy, administrative guidelines and the Code of Student Conduct/Disciplinary Action Schedule when an individual knowingly makes a materially false statement in bad faith in an investigation. The fact that the charges of discrimination were unfounded or unsubstantiated shall not be the sole reason to conclude that any party made a materially false statement in bad faith.

Definitions Related to Discrimination Based on Protected Class or Characteristic

Discrimination shall mean to treat individuals differently, or to harass or victimize based on a protected classification including race, color, age, religious creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy, or handicap/disability.

Harassment is a form of discrimination based on the protected classifications listed in this policy consisting of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes and comments, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct that may be harmful or humiliating or interfere with a person’s school or school-related performance when such conduct is:

1.     Sufficiently severe, persistent or pervasive; and
2.     A reasonable person in the complainant’s position would find that it creates an intimidating, threatening or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities or opportunities offered by a school.

Definitions Related to Title IX Sexual Harassment

Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the district’s Title IX Coordinator or any district official who has the authority to institute corrective measures on behalf of the district, or to any employee of an elementary and secondary school, other than the respondent.

Exculpatory evidence means evidence tending to exonerate the accused or helps to establish their innocence. 

Formal complaint shall mean a document filed by a complainant or signed by the Title IX Coordinator alleging Title IX sexual harassment and requesting that the district investigate the allegation under the grievance process for formal complaints. The authority for the Title IX Coordinator to sign a formal complaint does not make the Title IX Coordinator a party in the grievance process for formal complaints. The phrase “document filed by a complainant” refers to a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

Inculpatory evidence means evidence tending to incriminate the accused or indicate their guilt.

Relevant means related to the allegations of Title IX sexual harassment under investigation as part of the district’s grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged conduct occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged conduct occurred.

Supportive measures shall mean nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. 

Supportive measures shall be designed to restore or preserve equal access to the educational program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but are not limited to:

1.     Counseling.
2.     Extensions of deadlines or other course-related adjustments.
3.     Modifications of work or class schedules.
4.     Campus escort services.
5.     Mutual restrictions on contact between the parties.
6.     Changes in work or housing locations.
7.     Leaves of absence.
8.     Increased security
9.     Monitoring of certain areas of the campus.
10.     Assistance from domestic violence or rape crisis programs.
11.     Assistance from community health resources including counseling resources.

Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an Individualized Education Program (IEP) or Section 504 Service Agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or functional behavioral assessment (FBA), in accordance with applicable law, regulations, Board policy or administrative guideline. The Title IX Coordinator shall consult with the Director of Pupil Services in the implementation of supportive measures for students with an IEP or Section 504 Service Agreement.

Title IX sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1.     A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment.
2.      Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or activity.
3.     Sexual assault, dating violence, domestic violence or stalking.

a.    Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:

i.    Length of relationship.
ii.    Type of relationship.
iii.    Frequency of interaction between the persons involved in the relationship.

b.    Domestic violence includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving federal funding, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 

c.    Sexual assault means a sexual offense under state or federal law that is classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

d.    Stalking, under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means to engage in a course of conduct directed at a specific person that would cause a reasonable person to either:

i.    Fear for their safety or the safety of others.
ii.    Suffer substantial emotional distress.

Such conduct must have taken place during a district education program or activity and against a person in the United States to qualify as sexual harassment under Title IX. An education program or activity includes the locations, events or circumstances over which the district exercises substantial control over both the respondent and the context in which the harassment occurs. Title IX applies to all of a district’s education programs or activities, whether such programs or activities occur on-campus or off-campus.

Guidelines

Reports of Title IX Sexual Harassment, Discrimination and Retaliation

Students and third parties who believe they or others have been subject to Title IX sexual harassment, discrimination or retaliation are encouraged to promptly report such incidents to the building principal, even if some elements of the related incident took place or originated away from school grounds, school activities or school conveyances. A person who is not an intended victim or target of discrimination but is adversely affected by the offensive conduct may file a report of discrimination.

The student’s parents/guardians or any other person with knowledge of conduct that may violate this policy is encouraged to immediately report the matter to the building principal.

A school employee who suspects or is notified that a student may have been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal, as well as properly making any mandatory law enforcement or child protective services reports required by law.

If the building principal is the subject of a complaint, the complainant or a reporting employee shall report the incident directly to the Title IX Coordinator.

If the Title IX Coordinator is the subject of a complaint, the complainant or building principal shall direct the report of the incident to the Superintendent or designee.

The complainant or the individual making the report may use the designated district report form for purposes of reporting an incident or incidents in writing; however, oral reports of an incident or incidents shall be accepted, documented and the procedures of this policy and administrative guidelines followed.

The building principal shall promptly notify the Title IX Coordinator of all reports of discrimination, Title IX sexual harassment or retaliation. The Title IX Coordinator shall promptly contact the complainant regarding the report to gather additional information as necessary, and to discuss the availability of supportive measures. The Title IX Coordinator shall consider the complainant’s wishes with respect to supportive measures.

The Title IX Coordinator shall conduct an assessment to determine whether the reported circumstances are most appropriately addressed through the Discrimination Complaint Procedures prescribed in administrative guideline 103AG2 to this policy, or if the reported circumstances meet the definition of Title IX sexual harassment and are most appropriately addressed through the Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints in administrative guideline 103AG3, or other Board policies and administrative guidelines.

Reports of Discrimination
Any reports of discrimination that are reviewed by the Title IX Coordinator and do not meet the definition of Title IX sexual harassment but are based on race, color, age, religious creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy, or handicap/disability shall follow the Discrimination Complaint Procedures in administrative guideline 103AG2 to this policy and shall be promptly referred to the Compliance Officer.
 
Reports of Title IX Sexual Harassment
Any reports deemed by the Title IX Coordinator to meet the definition of sexual harassment under Title IX shall follow the Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints in administrative guideline 103AG3 to this policy.
 
Other Reports
Any reports that are reviewed by the Title IX Coordinator and do not meet the definition of Title IX sexual harassment’ discrimination or harassment based on a protected class or characteristic will proceed under the relevant Board policy and administrative guidelines.
 
Required Reporting Under Other Laws

In addition to implementing the required complaint/grievance procedures, the building principal, Title IX Coordinator, Compliance Office or other district personnel shall ensure that reported conduct which meets the definition of other laws, regulations, or Board policies or administrative guidelines, is also appropriately addressed in accordance with the appliable laws, regulations, and Board policies and administrative guidelines, including but not limited to, incidents under the school safety and security provisions of the PA School Code, reports of educator misconduct, threats, and reports of suspected child abuse.  At any time, where the reported conduct may involve a violation of law, the building principal, Title IX Coordinator, Compliance Officer, or other district personnel shall promptly notify the law enforcement authorities and/or child protective services about the allegations in accordance with existing procedures.

Reasonable Accommodations
Throughout the complaint procedures, the district shall make reasonable accommodations for identified physical and intellectual impairments that constitute disabilities for all parties, and address barriers being experienced by disadvantaged students such as English learners, students experiencing educational instability, and students who are unhoused consistent with the requirements of federal and state laws and regulations and Board policy.

Timeframes
Reasonably prompt timeframes shall be established for completing each step of the complaint procedures, including timeframes for filing and resolving appeals.

The established timeframes included in these procedures may be adjusted to allow for a temporary delay or a limited extension of time for good cause. Written notice of the delay or extension and the reason for such action shall be provided to the complainant and the respondent, and documented with the records of the complaint. Good cause may include, but is not limited to, considerations such as:

1.     The absence of a party or a witness.
2.     Requests from law enforcement or child welfare agency.
3.     Need for language assistance or accommodation of disabilities.

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a report and the investigation related to any form of discrimination or retaliation, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, administrative guidelines, and the district's legal and investigative obligations.

Retaliation

The district prohibits retaliation by the district or any other person against any person for:

1.     Reporting or making a formal complaint of any form of discrimination or retaliation, including Title IX sexual harassment.
2.     Testifying, assisting, participating or refusing to participate in a related investigation, process or other proceeding or hearing.
3.     Acting in opposition to practices the person reasonably believes to be discriminatory.

The district, its employees and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Title IX Coordinator immediately if retaliation is believed to have occurred.

Disciplinary Procedures When Reports Allege Title IX Sexual Harassment

When a report alleges Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of the grievance process for formal complaints outlined in administrative guideline 103AG3. The district shall presume that the respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for formal complaints.

When an emergency removal, as described in administrative guideline 103AG3, is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability where applicable.

The determination that an emergency removal is necessary shall not be construed to be a determination that the respondent is responsible for the alleged conduct.

When an emergency removal is not required, disciplinary sanctions shall be considered in the course of the Title IX grievance process for formal complaints. Following the issuance of the written determination and any applicable appeal, any disciplinary action specified in the written determination or appeal decision shall be implemented in accordance with the normal procedures for suspensions, expulsions or other disciplinary actions, including specific provisions to address a student with a disability where applicable.

Discipline/Placement of Student Convicted or Adjudicated of Sexual Assault

Upon notification of a conviction or adjudication of a student in this district for sexual assault against another student enrolled in this district, the district shall comply with the disciplinary or placement requirements established by state law and Board policy and administrative guidelines.

Disciplinary Consequences

A student who is determined to be responsible for a violation of this policy shall be subject to appropriate disciplinary action consistent with the Code of Student Conduct/Disciplinary Action Schedule, Board policy and administrative guidelines, which may include but is not limited to:

1.     Loss of school privileges.
2.     Permanent transfer to another school building, classroom or school bus.
3.     Exclusion from school-sponsored activities.
4.     Detention.
5.     Suspension.
6.     Expulsion.
7.     Referral to law enforcement officials.

An employee who violates this policy shall be subject to appropriate disciplinary action consistent with the applicable Board policy, administrative guidelines, collective bargaining agreement and/or individual contract, up to and including dismissal and/or referral to law enforcement officials.

Title IX Sexual Harassment Training Requirements

The Compliance Officer and Title IX Coordinator, investigator(s), decision-maker(s), or any individual designated to facilitate an informal resolution process related to Title IX sexual harassment shall receive the following training, as required or appropriate to their specific role:

1.     Definition of sexual harassment.
2.     Scope of the district’s education program or activity, as it pertains to what is subject to Title IX regulations.
3.     How to conduct an investigation and grievance process for formal complaints, including examination of evidence, drafting written determinations, handling appeals and informal resolution processes, as applicable.
4.     How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest and bias.
5.     Use of relevant technology.
6.     Issues of relevance including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.
7.     Issues of relevance, weight of evidence and application of standard of proof and drafting investigative reports that fairly summarize relevant evidence.
8.     How to address complaints when the alleged conduct does not qualify as Title IX sexual harassment but could be addressed under another complaint process or Board policy.

All training materials shall promote impartial investigations and adjudications of formal complaints of Title IX sexual harassment without relying on sex stereotypes.

All training materials shall be posted on the district’s website.

Prior Title IX and Discrimination Policies and Administrative Guidelines

The Title IX Coordinator shall evaluate the complaint to determine if the complaint is required by law to be processed under a prior version of this policy or administrative guideline.  The Title IX Coordinator may consult with the school solicitor in making this determination.

Right to Alternative Complaint Procedure
Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies, or seeking redress under state or federal law.
 

Discrimination (Protected Class/Characteristic) Complaint Procedures (103AG2)

The Discrimination Complaint Procedures prescribed in this administrative guideline apply to reports of retaliation or discrimination on the basis of race, color, age, religious creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy or related conditions, or handicap/disability that do not constitute Title IX sexual harassment as defined in Policy 103.
 
All reports of discrimination will be reviewed by the Title IX Coordinator upon receipt to determine if the allegations meet the definition and parameters of sexual harassment under Title IX. If the result of this review determines that the allegations fall within the scope of Title IX sexual harassment, then the process set forth in administrative guideline 103AG3 for Title IX Sexual Harassment will be followed.

All reports of discrimination and retaliation brought pursuant to the district’s discrimination policy will also be reviewed for conduct which may not be proven discriminatory under Policy 103 or 104 but merits review and possible action under the Code of Student Conduct/Disciplinary Action Schedule and other Board policies and administrative guidelines.

PROCEDURES FOR COMPLAINTS OF DISCRIMINATION

Step 1 – Reporting 
A student or individual who believes they have been subject to discrimination by any student, employee or third party is encouraged to immediately report the incident to the building principal using the designated district report form or by making a general report orally or in writing to the building principal.

Parents/Guardians of students have the right to act on behalf of the complainant, the respondent, or other individual at any time.

Any person with knowledge of discrimination in violation of Board policy, administrative guideline or this procedure is encouraged to immediately report the matter to the building principal, Compliance Officer or Title IX Coordinator. 

A school employee who suspects or is notified that a student has been subject to discrimination will immediately report the incident to the building principal. Additionally, employees who have reasonable cause to suspect that a child is the victim of child abuse will immediately report the suspected abuse, in accordance with applicable law, regulations and Board policy and administrative guideline.
 
The building principal will immediately notify the Title IX Coordinator and Compliance Officer of the reported discrimination.

If the building principal is the subject of a complaint, the student, third party or employee will report the incident directly to the Title IX Coordinator and/or Compliance Officer. 

If the Title IX Coordinator or Compliance Officer is the subject of a complaint, the student, third party or employee will report the incident directly to the Superintendent or designee.

The complainant or reporting individual will be encouraged to use the designated district report form, however, complaints will be accepted in person, by phone, by mail or email, or by any other means that results in the appropriate individual receiving the individual’s oral or written report. Oral reports will be documented using the designated district report form, and these procedures will be implemented.

The Title IX Coordinator will review reports and complaints, and may gather additional information from the individual submitting the report and other parties identified in the report using the designated district report form. The Title IX Coordinator will promptly contact the complainant regarding the report to gather additional information, as necessary and to discuss the availability of supportive measures. The Title IX Coordinator will consider the complainant’s wishes with respect to supportive measures. 

The Title IX Coordinator will conduct an assessment to determine whether the reported circumstances are most appropriately addressed through the Discrimination Complaint Procedures prescribed in this administrative guideline, or if the reported circumstances meet the definition and parameters of Title IX sexual harassment, and are most appropriately addressed through the Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints in administrative guideline 103AG3 or other applicable Board policies or administrative guidelines. 

If the Title IX Coordinator determines that the report should be addressed through the discrimination complaint procedures, the Compliance Officer will be notified and the complaint procedures in this administrative guideline implemented.

When any party is an identified student with a disability, or thought to be a student with a disability, the Title IX Coordinator will notify the Director of Pupil Services and coordinate to determine whether additional steps must be taken for the party, while the discrimination complaint procedures are implemented. Such measures may include, but are not limited to, conducting a manifestation determination, functional behavioral assessment (FBA) or other assessment or evaluation, in accordance with applicable law, regulations or Board policy and administrative guidelines.

Step 2 – Initial Communications/Supports

The person accepting the complaint will handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or respondent.

The complainant will be informed about the Board’s policy on discrimination, including the right to an investigation of both oral and written reports of discrimination.

The building principal or designee, in consultation with the Compliance Officer, Title IX Coordinator, and other appropriate individuals, will promptly implement appropriate measures to protect the complainant and others as necessary, from violation of the policy throughout the course of the investigation.

The building principal, Compliance Officer or designee may provide to the complainant factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality and the opportunity to report the incident(s) to law enforcement. 

The building principal or designee will seek to obtain consent from parents/guardians to initiate an investigation where the complainant is under age eighteen (18), and inform parents/guardians of the complainant that the complainant may be accompanied by a parent/guardian during all steps of the complaint procedure. When a parent/guardian requests confidentiality and will not consent to the complainant’s participation in an investigation, the building principal or designee will explain that the school will take all reasonable steps to investigate and respond to the complaint consistent with that request for confidentiality as long as doing so does not preclude the school from responding effectively to the discrimination and preventing discrimination that affects other students 

The building principal or Compliance Officer will provide relevant information on resources available in addition to the discrimination complaint procedure.

Informal Remedies - 
At any time after a complaint has been reported, if the Compliance Officer believes the circumstances are appropriate, the Compliance Officer may, offer the parties involved in the complaint the opportunity to participate in informal remedies to address the reported conduct. Informal remedies can take many forms, depending on the particular case. Examples include, but are not limited to, mediation, facilitated discussions between the parties, restorative practices, acknowledgment of responsibility by a respondent, apologies, a requirement to engage in specific services, or other measures to support the parties. 

If the matter is resolved to the satisfaction of the parties, the district employee facilitating the informal remedies will document the nature of the complaint and the proposed resolution of the matter, have both parties sign the documentation to indicate agreement with the resolution and receive a copy, and forward it to the Compliance Officer. 

The Compliance Officer will contact the complainant to determine if the resolution was effective and to monitor the agreed upon remedies, and will document all appropriate actions. 

*If the informal remedies result in the final resolution of the complaint, the following steps are not applicable.

Step 3 – Investigation 
The Compliance Officer will assess whether the investigation should be conducted by the building principal, another district employee, the Compliance Officer, or an attorney and will promptly assign the investigation to that individual. 

When a parent/guardian has requested confidentiality and will not consent to the complainant’s participation in an investigation, the Compliance Officer will provide the parent/guardian with a letter containing information related to the district’s legal obligations to conduct an investigation and address violations of Board policy and administrative guidelines, and any other information appropriate to the specific complaint.

The investigator will work with the Compliance Officer to assess the anticipated scope of the investigation, who needs to be interviewed and what records or evidence may be relevant to the investigation. 

The investigator will conduct an adequate, reliable, and impartial investigation. The complainant and the respondent may suggest additional witnesses and provide other evidence during the course of the investigation. When the initial complaint involves allegations relating to conduct which took place away from school property, school-sponsored activities or school conveyances, the investigation may include inquiries related to these allegations to determine whether they resulted in continuing effects such as harassment in school settings. 

The investigation may consist of individual interviews with the complainant, the respondent, and others with knowledge relative to the allegations. The investigator may also evaluate any other information and materials relevant to the investigation. The person making the report, parties, parents/guardians and witnesses will be informed of the prohibition against retaliation for anyone’s participation in the process and that conduct believed to be retaliatory should be reported. All individuals providing statements or other information or participating in the investigation will be instructed to keep the matter confidential and to report any concerns about confidentiality to the investigator. 

If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator will promptly notify the Compliance Officer and will promptly inform law enforcement authorities about the allegations in accordance with existing procedures. 

The obligation to conduct this investigation will not be negated by the fact that a criminal or child protective services investigation of the allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to requests for a delay in fulfilling the district’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays will not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation, and the reason for any such delay will be documented by the investigator. 

Step 4 – Investigative Report 
The investigator will prepare and submit a written report to the Compliance Officer within thirty (30) school days of the initial report of alleged discrimination, unless the nature of the allegations, anticipated extent of the investigation or the availability of witnesses requires the investigator and the Compliance Officer to establish a different due date. The parties will be notified of the anticipated date the investigative report will be completed and of any changes to the anticipated due date during the course of the investigation. 

The investigative report will include a summary of the investigation, a determination of whether the complaint has been substantiated as factual, the information and evaluation that formed the basis for this determination, whether the conduct violated Board Policy 103 and of any other violations of law or Board policy or administrative guideline which may warrant further district action, and a recommended disposition of the complaint. An investigation into discrimination or harassment will consider the record as a whole and the totality of circumstances in determining whether a violation of Board policy has occurred, recognizing that persistent and pervasive conduct, when taken together, may be a violation even when the separate incidents are not severe. 

The complainant and the respondent shall be informed of the outcome of the investigation, including the recommended disposition, within a reasonable time of the submission of the written investigative report, to the extent authorized by the Family Educational Rights and Privacy Act (FERPA) and other applicable laws. The respondent will not be notified of the individual remedies offered or provided to the complainant.

Step 5 – District Action 
If the investigation results in a finding that some or all of the allegations of the discrimination complaint are founded and constitute a violation of Board policy or administrative guidelines, the district shall take prompt, corrective action designed to ensure that such conduct ceases and that no retaliation occurs. The district will promptly take appropriate steps to prevent the recurrence of the prohibited conduct and to address the discriminatory effect the prohibited conduct had on the complainant and the district education program or activity. District staff will document the corrective action taken and, where not prohibited by law, inform the complainant. The Compliance Officer will follow up by assessing the effectiveness of the corrective action at reasonable intervals. 

If an investigation results in a finding that a different policy was violated separately from or in addition to violations of Policy 103 or these procedures, or that there are circumstances warranting further action, such matters will be addressed at the conclusion of this investigation or through disciplinary or other appropriate referrals where further evaluation or investigation is necessary. 

Disciplinary actions will be consistent with the Code of Student Conduct/Disciplinary Action Schedule, Board policies and administrative guidelines, district procedures, applicable collective bargaining agreements or individual contracts, and state and federal laws and regulations. 

Appeal Procedure 
If a party wishes to appeal the determination, they must submit a written appeal to the Compliance Officer within five (5) school days of receiving notification of the outcome of the investigation. The appeal must include a brief statement identifying the basis for the appeal. If an appeal is filed, an appeals decisionmaker shall be designated to handle the appeal.

The individual receiving the appeal will review the investigation and the investigative report and may also conduct or designate another person to conduct a reasonable supplemental investigation to assess the sufficiency and propriety of the prior investigation. 

The person handling the appeal will prepare a written response to the appeal within twenty (20) school days of receipt of the appeal.

Copies of the response shall be provided to the complainant, the respondent and the investigator who conducted the initial investigation.

Grievance Procedures (103AG3)

The Title IX sexual harassment procedures and grievance process for formal complaints prescribed in this administrative guideline apply only when a report includes allegations of sexual harassment subject to the district’s Title IX regulations.

All other reports or complaints of discrimination or retaliation will follow the complaint procedures established in Administrative Guideline 103AG2 regarding discrimination (protected class/characteristic) or other applicable Board policy or administrative guidelines.

TITLE IX SEXUAL HARASSMENT PROCEDURES

General Response – (with or without a formal complaint)
Any person, whether the alleged victim or not, may report Title IX sexual harassment using the designated district report form or by making a general report orally or in writing to the building principal, or by using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person's oral or written report. Upon receipt of a report, school staff will immediately notify the building principal.

A report may be made at any time, including during nonbusiness hours. Oral reports will be documented by the Title IX Coordinator or employee receiving the report using the designated district report form, and these procedures shall be implemented appropriately.

A school employee who suspects or is notified that a student may have been subject to conduct that constitutes a violation of Board Policy 103 shall immediately report the incident to the building principal.

If the building principal is the subject of the complaint, reports shall be made directly to the Title IX Coordinator.

Parents/Guardians of students have the right to act on behalf of the complainant, the respondent, or other individual at any time.

When the district has actual knowledge of Title IX sexual harassment, the district is required to respond promptly and in a manner that is not deliberately indifferent, meaning not clearly unreasonable in light of the known circumstances.

All sexual harassment reports and complaints received by the building principal will be promptly directed to the Title IX Coordinator, in accordance with Board policy and administrative guidelines. The Title IX Coordinator will use the designated district report form to gather additional information from the reporter and/or other parties identified in the report, to determine if the allegations meet the definition and parameters for Title IX sexual harassment.

The Title IX Coordinator will promptly contact the complainant regarding the report to gather additional information as necessary, and to discuss the availability of supportive measures. The Title IX Coordinator will consider the complainant’s wishes with respect to supportive measures.

The Title IX Coordinator will initially assess whether the reported conduct:

1.    Meets the definition of Title IX sexual harassment.
2.    Occurred in a district program or activity under the control of the district and against a person in the United States.
3.    Involves other Board policies, administrative guidelines or the Code of Student Conduct/Disciplinary Action Schedule.
4.    Indicates, based on an individualized safety and risk analysis, that there is an immediate threat to the physical health or safety of an individual.
5.    Involves a student identified as a student with a disability under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act.

If the result of this initial assessment determines that none of the allegations fall within the scope of Title IX sexual harassment, but the matter merits review and possible action under the Code of Student Conduct/Disciplinary Action Schedule and other Board policies and administrative guidelines or administrative guideline 103AG2 addressing Discrimination Complaints, then the Title IX Coordinator will redirect the report to the appropriate administrator to address the allegations.

If the result of the initial assessment determines that the allegations may constitute Title IX sexual harassment, the Title IX Coordinator will promptly explain to the complainant the process for filing a formal complaint and inform the complainant of the continued availability of supportive measures with or without the filing of a formal complaint.

The Title IX Coordinator will contact the parents/guardians and provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for formal complaints.

If the complainant, school staff or others with professional knowledge relating to the complainant’s health and well-being indicate that notifying the parents/guardians could cause serious harm to the health or well-being of the complainant or other person(s), the Title IX Coordinator will determine, in consultation with such individuals including the Superintendent and upon advice of legal counsel, and upon request of law enforcement or child welfare agency whether to withhold or delay notification of the report from the complainant’s parents/guardians.

The Title IX Coordinator will also determine what supportive measures may be offered to the respondent.

If either party is an identified student with a disability, or thought to be disabled, the Title IX Coordinator will contact the Director of Pupil Services to coordinate the required actions in accordance with Board policy and administrative guidelines.

Confidentiality regarding the supportive measures offered and the identity of the following individuals will be maintained, except as may be permitted by law or regulations relating to the conduct of any investigation:

1.    Individuals making a report or formal complaint.
2.    Complainant(s).
3.    Respondent(s).
4.    Witnesses.

The district will treat complainants and respondents equitably by:

1.    Offering supportive measures to the complainant and may offer such measures to the respondent.
2.    Following the grievance process for formal complaints before imposing disciplinary sanctions or other actions that are not supportive measures on the respondent.

Disciplinary Procedures When Reports Allege Title IX Sexual Harassment
When reports allege Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of the grievance process for formal complaints. The district shall presume that the respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for formal complaints.

When an emergency removal, as described below, is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion will be conducted to accomplish the removal, including specific provisions to address a student with a disability where applicable.

When an emergency removal is not required, disciplinary sanctions will be considered in the course of the Title IX grievance process for formal complaints. Following the issuance of the written determination and any applicable appeal, any disciplinary action specified in the written determination or appeal decision will be implemented in accordance with the normal procedures for suspensions, expulsions, or other disciplinary actions, including specific provisions to address a student with a disability where applicable.

Supportive Measures
All supportive measures provided by the district will remain confidential, to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures.

When any party is an identified student with a disability, or thought to be a student with a disability, the Title IX Coordinator will notify the Director of Pupil Services and coordinate to determine whether additional steps must be taken as supportive measures for the party while the Title IX procedures are implemented. Such measures may include, but are not limited to, conducting a manifestation determination, FBA or other assessment or evaluation, in accordance with applicable law, regulations or Board policy and administrative guidelines.

Emergency Removal
If the district has determined, based on an individualized safety and risk analysis, that there is an immediate threat to the physical health or safety of any student or other individual due to the allegations of Title IX sexual harassment, the respondent may be removed from the district’s education program or activity or moved to an alternative setting, consistent with all rights under federal and state laws and regulations, and Board policy and administrative guidelines, including but not limited to the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. If the respondent is an identified student with a disability, or thought to be disabled, the Title IX Coordinator shall contact the Director of Pupil Services to coordinate the required actions in accordance with Board policy and administrative guidelines. 

The respondent will be provided with notice and provided an opportunity for due process, in accordance with law, regulations and Board policy and administrative guidelines. When expulsion is necessary because continuation of educational services is not feasible, the Board’s written adjudication of expulsion shall address the pending Title IX process and the impact of the outcome of the Title IX process on a student’s emergency removal status.

The determination that an emergency removal is necessary will not be construed to be a determination that the respondent is responsible for the alleged conduct.

Administrative Leave
When an employee, based on an individualized safety and risk analysis, poses an immediate threat to the health or safety of any student or other individual, the employee may be removed on an emergency basis. The employee will be provided with a notice and an opportunity to challenge the emergency removal immediately following removal.

An accused nonstudent district employee may be placed on administrative leave during the pendency of the grievance process for formal complaints, consistent with all rights under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, and in accordance with state law and regulations, Board policy and administrative guidelines and an applicable collective bargaining agreement or individual contract.

The determination that administrative leave is necessary shall not be construed to be a determination that the respondent is responsible for the alleged conduct.

Redirection or Dismissal of Title IX Formal Complaints
Formal complaints may be dismissed, if at any time during the investigation or written determination steps described below:

1.    A complainant provides written notification of withdrawal of any allegations or of the formal complaint.
2.    The respondent is no longer enrolled or employed by the district in a district program or activity.
3.    Specific circumstances prevent the district from gathering evidence sufficient to reach a determination as to the formal complaint or allegations.

Only alleged conduct that occurred in the district’s education program or activity, and against a person in the United States, may qualify as Title IX sexual harassment within the district’s jurisdiction. If it is determined during the investigation or written determination steps below that none of the allegations, if true, would meet the definition and parameters of Title IX sexual harassment within the district’s jurisdiction, the Title IX Coordinator will dismiss the formal complaint under Title IX. If the matter merits review and possible action under the Code of Student Conduct and other Board policies and administrative guidelines or administrative guideline 103AG2 addressing Discrimination Complaints, then the Title IX Coordinator will redirect the report to the appropriate administrator to address the allegations.

Written notification will be promptly issued to the parties simultaneously of any allegations found not to qualify or that are dismissed in compliance with Title IX. Written notification will state whether the allegations will continue to be addressed pursuant to the Code of Student Conduct/Disciplinary Action Schedule and other Board policies and administrative guidelines or administrative guideline 103AG2 addressing Discrimination Complaints.

A dismissal may be appealed via the appeal procedures set forth in this administrative guideline.

Consolidation of Title IX Formal Complaints
The district may consolidate formal complaints against more than one (1) respondent, or by more than one (1) complainant against one or more respondents, or by one (1) individual against another individual, where the allegations of sexual harassment arise out of the same facts or circumstances.

GRIEVANCE PROCESS FOR FORMAL COMPLAINTS

Step 1 – Formal Complaint
The district is required to initiate the grievance process for formal complaints when a complainant or the complainant’s parent/guardian files a formal complaint. The Title IX Coordinator is also authorized to initiate this process despite a complainant’s wishes when actions limited to supportive measures are not a sufficient response to alleged behavior, or when a formal complaint process is necessary to investigate and address the situation adequately. For example, if disciplinary action would be warranted if allegations are true, if the respondent is an employee, or if further investigation is needed to assess the extent of the behavior and impact on others, it may be clearly unreasonable not to initiate the formal complaint process. Only the Title IX Coordinator is authorized to initiate the formal complaint process despite a complainant’s wishes, but the Title IX Coordinator may consult with the school solicitor and other district officials in making this decision.

The complainant or the Title IX Coordinator will use the applicable section of the designated district report form to file or sign a formal complaint.

The Title IX Coordinator will assess whether the investigation should be conducted by the building principal, another district employee, the Title IX Coordinator, or an attorney and will promptly assign the investigation to that individual.

The Title IX Coordinator, investigator, decision-maker, or any individual designated to facilitate the informal resolution process, each must have completed the required training for such roles as designated in Board policy and will not have a conflict of interest or bias for or against an individual complainant or respondent, or for or against complainants or respondents in general.

The respondent will be presumed not responsible for the alleged conduct until a written determination regarding responsibility has been made at the conclusion of the grievance process for formal complaints.

Notice Requirements -
Upon receipt of a formal complaint, or when the Title IX Coordinator signs a formal complaint to initiate the grievance process for formal complaints, the Title IX Coordinator will provide written notice to all known parties, and the parents/guardians of known parties where applicable, providing the following information:

1.    Notice of the district’s grievance process for formal complaints and any informal resolution process that may be available.
2.    Notice of the allegations potentially constituting Title IX sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

a.    The identity of the parties involved, if known.
b.    The conduct allegedly constituting sexual harassment.
c.    The date and location of the alleged incident(s), if known.

3.   A statement that a written determination regarding responsibility will be made at the conclusion of the grievance process for formal complaints and, until that time, the respondent is presumed not responsible for the alleged conduct.
4.   Notice that parties may have an advisor of their choice, who may be, but is not required to be, an attorney. The advisor may inspect and review evidence.
5.   Notice that Board policy, administrative guidelines and the district’s Code of Student Conduct prohibits knowingly making false statements or knowingly submitting false information to school officials in connection with reports of misconduct or discrimination complaints.
6.   Notice to all known parties of any additional allegations that the district decides to investigate during the course of the investigation.

Step 2 – Informal Resolution Process
The informal resolution process cannot be offered or used to facilitate a resolution for any formal complaint where the allegations state that an employee sexually harassed a student, or if the process would conflict with federal, state or local law.

At any time after a formal complaint has been filed, but prior to reaching a determination of responsibility, if the Title IX Coordinator believes the circumstances are appropriate, the Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process, which does not involve a full investigation and adjudication of the Title IX sexual harassment complaint.

The district may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal Title IX sexual harassment complaints. Similarly, a district may not require or pressure the parties to participate in an informal resolution process.

Informal resolutions can take many forms, depending on the particular case. Examples include, but are not limited to, mediation, facilitated discussions between the parties, restorative practices, acknowledgment of responsibility by a respondent, apologies, a requirement to engage in specific services, or supportive measures. 

When offering an informal resolution process, the Title IX Coordinator will:

1.    Provide the parties a written notice disclosing the following:

a.   The allegations.
b.   The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations; provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process for formal complaints.
c.   Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

2.   Obtain the parties’ voluntary, written consent to the informal resolution process. As part of the consent process, all parties will be informed of the rights being waived by agreeing to the informal resolution process and will acknowledge such agreement in writing.

3.   The informal resolution process will be conducted within twenty (20) school days of the parties’ signed agreement for the informal resolution process.

If the matter is resolved to the satisfaction of the parties, the district employee facilitating the informal resolution process will document the nature of the complaint and the proposed resolution of the matter, have both parties sign the documentation and receive a copy, and forward it to the Title IX Coordinator. Within twenty (20) school days after the complaint is resolved in this manner, the Title IX Coordinator will contact the complainant to determine if the resolution was effective and to monitor the agreed upon remedies. The Title IX Coordinator will document the informal resolution process, responses from all parties, and an explanation of why the district’s response was not deliberately indifferent to the reported complaint of sexual harassment.

*If Step 2 Informal Resolution Process results in the final resolution of the complaint, the following steps are not required.

Step 3 – Investigation
The designated investigator, if other than the Title IX Coordinator, will work with the Title IX Coordinator to assess the scope of the investigation, who needs to be interviewed and what records or evidence may be relevant to the investigation and to document the evidence throughout each stage of the investigation.

The investigation stage will be concluded within thirty (30) school days.

When investigating a formal complaint, the investigator will:

1.    Bear the burden of proof and gather evidence and conduct interviews sufficient to reach a written determination. During the process of gathering evidence, unless the district obtains the voluntary, written consent of the party, or the party’s parent/guardian or other legal representative when legally required, the district cannot access, consider, disclose or otherwise use a party’s records which are protected by legal privilege, such as those records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with providing treatment to the party.
2.    Objectively evaluate all available evidence gathered through the investigation, including inculpatory and exculpatory evidence.
3.    Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
4.    Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. However, the district may request a nondisclosure agreement be signed by the parties and their advisor(s), if any, stating that they will not disseminate or disclose evidence and documents exchanged in the investigation.
5.    Provide the parties with the same opportunities to have others present during any interview or other meeting, including an advisor of the party’s choice. The district may establish restrictions, applicable to both parties, regarding the extent to which the advisor may participate.
6.    Provide written notice to any party whose participation is invited or expected during the investigation process with the following information, in sufficient time for the party to prepare to participate:

a.   Date.
b.   Time.
c.   Location.
d.   Participants.
e.   Purpose of all investigative interviews or other meetings.

          7.   Proivde both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations, including evidence the district does not intend to rely on to reach a determination regarding responsibility and any inculpatory and exculpatory evidence, whether obtained from a party or other source.

If at any point the investigation expands to include additional allegations that were not included in the initial notice of allegations provided upon initiation of the grievance process for formal complaints, the investigator will alert the Title IX Coordinator. The Title IX Coordinator will provide written notice of the new allegations to the known parties.

Prior to the completion of the investigative report, the investigator will:

1.    Send to each party and the party’s advisor, if any, the evidence subject to inspection and review in electronic or hard copy format.
2.    Provide the parties at least ten (10) school days following receipt of the evidence to submit a written response.
3.    Consider the written response prior to drafting the investigative report.

The investigator will draft an investigative report that fairly summarizes relevant evidence and will provide the investigative report to all parties and to the designated decision-maker.

If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator will promptly notify the Title IX Coordinator, who will promptly inform law enforcement authorities about the allegations and make any additional required reports, in accordance with law, regulations and Board policy and administrative guidelines.

The obligation to conduct this investigation will not be negated by the fact that a criminal or child protective services investigation of the allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to request for a delay in fulfilling the district’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays will not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation and the reason for such delay will be documented by the investigator.

In the course of an investigation, it is possible that conduct other than, or in addition to, Title IX sexual harassment may be identified as part of the same incident or set of circumstances. The fact that there may be Title IX sexual harassment involved does not preclude the district from addressing other identified violations of the Code of Student Conduct/Disciplinary Action Schedule or Board policy and administrative guidelines. If such other conduct is being investigated and addressed together with Title IX sexual harassment as part of the Title IX grievance process for formal complaints, disciplinary action normally should not be imposed until the completion of the Title IX grievance process for formal complaints. A decision whether and when to take such action should be made in consultation with the school solicitor.

Step 4 – Written Determination and District Action
Designation of Decision-Maker -
To avoid any conflict of interest or bias, the decision-maker cannot be the same person as the Title IX Coordinator or the investigator. The responsibility as the decision-maker for complaints of Title IX sexual harassment will generally be designated to the Assistant Superintendent.

If the Assistant Superintendent has a conflict of interest or is a party in the formal complaint process, they will disclose the conflict and the Title IX Coordinator will designate another individual to serve as the decision-maker, which may be an attorney.

Written Determination Submissions -
A written determination of responsibility (written determination) must not be finalized less than ten (10) days after the investigator completes the investigative report and provides it to all parties. Before the decision-maker reaches a determination regarding responsibility, the decision-maker will afford each party the opportunity to submit written, relevant questions that a party wants to be asked of any party or witness, will provide each party with the answers, and will allow for additional, limited follow-up questions from each party.

Relevant questions for a party or witness must be submitted by each party within three (3) school days following receipt of the investigative report. Follow-up questions must be submitted by each party within three (3) school days of being provided the answers to the initial questions.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant as part of the follow-up questions and responses, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The decision-maker shall explain to the party proposing the questions about any decision to exclude a question as not relevant.

Written Determination -
The decision-maker must issue a written determination for the conduct alleged in formal complaints. To reach this determination, the decision-maker will apply the preponderance of the evidence standard, meaning that the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not. In considering evidence, the decision-maker will ensure credibility determinations are not based on an individual’s status as a complainant, respondent, or witness.

After considering all relevant evidence, the decision-maker will issue a written determination that includes:

1.    Identification of the allegations potentially constituting Title IX sexual harassment.
2.    A description of the procedural steps taken from the receipt or signing of the formal complaint through the written determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence.
3.    Findings of fact supporting the determination. 
4.    Conclusions regarding the application of the district’s Code of Student Conduct/Disciplinary Action Schedule or Board policies and administrative guidelines to the facts.
5.    A statement of, and rationale for, the result as to each allegation, including:
   
   a.   Determination regarding responsibility.
   b.   Disciplinary sanctions.
   c.   Remedies designed to restore or preserve equal access to the district’s education program or activity that will be provided by the district to the complainant. Such remedies may be punitive or disciplinary and need not avoid burdening the respondent.
    
6.    The procedures, deadline and permissible bases for the complainant and respondent to appeal.

The written determination will be provided to the parties simultaneously. The determination becomes final either:

1.    On the date that the district provides the parties with the written decision of the result of the appeal, if an appeal is filed;
2.    Or, if an appeal is not filed, on the date on which an appeal would no longer be considered timely, in accordance with the timeframe established for appeals in this administrative guideline.

The Title IX Coordinator will be responsible to ensure that any remedies are implemented by the appropriate district officials and for following up as needed to assess the effectiveness of such remedies. Disciplinary actions will be consistent with the Code of Student Conduct/Disciplinary Action Schedule, Board policies and administrative guidelines, district procedures, applicable collective bargaining agreements or other contracts, and state and federal laws and regulations, including specific requirements and provisions for students with disabilities.

Appeal Process
The district must offer both parties the right to appeal a determination of responsibility and the right to appeal the district’s dismissal of a Title IX formal complaint or any allegation in the Title IX formal complaint. The scope of appeals related to Title IX sexual harassment are limited to the following reasons for appeal as stated in the Title IX regulations:

1.    A procedural irregularity that affected the outcome of the matter.
2.    New evidence that that could affect the outcome was not reasonably available at the time the decision to dismiss or determination of responsibility was made.
3.    The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against the individual complainant or respondent or for or against complainants or respondents generally that affected the outcome of the matter.

Written notice of a party’s appeal will be submitted to the Title IX Coordinator within five (5) school days after the date of the written determination. Notice of appeal  shall include a brief statement describing the basis for the appeal.

The Title IX Coordinator will ensure that the designated appeal authority is not the same person as the decision-maker that reached the determination, the investigator, or the Title IX Coordinator. The designated appeal authority will be the Superintendent.

For all appeals, the designated appeal authority will:

1.     Provide written notice to the other party when notice of an appeal is filed and implement appeal procedures equally for both parties.
2.    Provide both parties a reasonable, equal opportunity to submit a written statement in support of or challenging the stated basis for the appeal. Supporting statements will describe in detail as applicable the procedural irregularities asserted to have affected the outcome of the determination, the nature of any new evidence asserted to have affected the outcome, and the nature of any bias asserted to have affected the outcome, with an explanation of how the outcome was affected by such factors. If evidence exists supporting the basis for appeal, it will accompany the supporting statement, or it will identify where such evidence may be found.

Supporting statements must be submitted to the appeal authority and provided to the other party within five (5) school days of the written notice of appeal.

Statements in opposition to the appeal will be submitted within five (5) school days of the submission of supporting statements. If a statement in opposition to an appeal refers to any evidence beyond what is described in a supporting statement, it will accompany the statement in opposition, or it will identify where such evidence may be found.

The appeal authority may accept and consider evidence in support of or in opposition to an appeal in making any conclusions necessary to deciding the appeal. Alternatively, when the appeal authority determines that factors exist making it necessary for the decision-maker to further develop the evidentiary record relevant to the basis for appeal, the appeal authority may return the matter to the decision-maker for that limited purpose.

3.   Determine whether the appeal meets the grounds for permitted reasons for appeal and justifies modifying the written determination.

4.   Issue a written decision setting forth the respects, if any, in which the written determination is modified and the rationale for the result within twenty (20) school days.

5.   Provide the written decision simultaneously to both parties. A copy of the written decision will also be provided to the Title IX Coordinator.

Recordkeeping
The district shall maintain the following records for a minimum of seven (7) years after conclusion of procedures and implementation of disciplinary sanctions and/or remedies, or in the case of a complainant or respondent who is a minor, until the expiration of the longest statute of limitations for filing a civil suit applicable to any allegation:

1.    Each Title IX sexual harassment investigation, including any written determination and any audio or audiovisual recording or transcript, and disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the district’s education program or activity.
2.    Any appeal and the result.
3.    Any informal resolution and the result.
4.    All materials used to train the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process.
5.    Records of any district actions, including any supportive measures, taken in response to a report or formal complaint of Title IX sexual harassment. In each instance, the district shall document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the district’s education program or activity. If a district does not provide a complainant with supportive measures, then the district must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the district in the future from providing additional explanations or detailing additional measures taken. 

The Board declares it to be the policy of this district to provide all district programs and practices free from discrimination against all qualified students with disabilities. The Board recognizes its responsibility to provide academic, nonacademic, and extracurricular services and programs equally to students with and without disabilities.

The district shall provide to each qualified student with a disability enrolled in the district, without cost to the student or parent/guardian, a free and appropriate public education (FAPE). This includes provision of education and related aids, services, or accommodations which are needed to afford each qualified student with a disability equal opportunity to participate in and obtain the benefits from educational programs and extracurricular activities without discrimination, to the same extent as each student without a disability, consistent with federal and state laws and regulations.

The Board encourages students and parents/guardians who believe they have been subjected to discrimination or harassment to promptly report such incidents to designated employees in accordance with Board policy.

The Board directs that complaints of discrimination or harassment shall be investigated promptly, and corrective or preventative action be taken for substantiated allegations.

Confidentiality
Confidentiality of all parties, witnesses, the allegation, the filing of a complaint, and the investigation shall be maintained consistent with the district’s legal and investigative obligations.

Retaliation
The district and its employees are prohibited from intimidating, threatening, coercing, discriminating or retaliating against any individual for the purpose of interfering with any right or privilege secured by this policy.

Definitions

Qualified student with a disability - a student who has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the district’s educational programs, nonacademic services, or extracurricular activities.

Section 504 Team - a group of individuals who are knowledgeable about the student, the meaning of the evaluation data and the placement options for the student. This could include, as appropriate, documentation or input from classroom teachers, counselors, psychologists, school nurses, outside care providers, and the student’s parents/guardians.
 
Section 504 Service Agreement (Service Agreement) - an individualized plan for a qualified student with a disability which sets forth the specific related aids, services, or accommodations needed by the student, which shall be implemented in school, in transit to and from school, and in all programs and procedures, so that the student has equal access to the benefits of the school’s educational programs, nonacademic services, and extracurricular activities.

Disability harassment - intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services or opportunities in the school’s educational programs, nonacademic services or extracurricular activities.

Delegation of Responsibility

In order to maintain a program of nondiscrimination practices that is in compliance with applicable law and regulations, the Board designates the Director of Pupil Services or designee as the district’s Section 504 Coordinator. 

The district shall publish and disseminate this policy and complaint procedure on or before the first day of each school year by posting it on the district’s website and in the student handbook. The district shall notify parents/guardians of students residing in the district of the district’s responsibilities under applicable law and regulations, and that the district does not discriminate against qualified individuals with disabilities.

The Superintendent may develop administrative guidelines to implement this policy.
 

Identification and Evaluation
The district shall conduct an annual child find campaign to locate and identify every district student with a disability thought to be eligible for Section 504 services and protections. The district may combine this search with the district’s Individuals with Disabilities Education Act (IDEA) child find efforts, in order to not duplicate efforts.

If a parent/guardian or the district has reason to believe that a student should be identified as a qualified student with a disability, should no longer be identified as a qualified student with a disability, or requires a change in or modification of the student’s current Service Agreement, the parent/guardian or the district shall provide the other party with written notice. 

The district shall establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need related services because of a disability.

The district shall specifically identify the procedures and types of tests used to evaluate a student, and provide the parent/guardian the opportunity to give or withhold consent to the proposed evaluation(s) in writing.

The district shall establish procedures for evaluation and placement that assure tests and other evaluation materials:

1.    Have been validated and are administered by trained personnel.
2.    Are tailored to assess educational need and are not based solely on IQ.
3.    Reflect aptitude or achievement or anything else the tests purport to measure and do not reflect the student’s impaired sensory, manual, or speaking skills (except where those skills are what is being measured).

Service Agreement
If a student is determined to be a qualified student with a disability, the district shall develop a written Service Agreement for the delivery of all appropriate aids, services, or accommodations necessary to provide the student with FAPE.

The district shall not implement a Service Agreement until the written agreement is executed by a representative of the district and a parent/guardian. 

The district shall not modify or terminate a student’s current Service Agreement without the parent’s/guardian’s written consent, pending completion of procedural safeguard procedures. 

Educational Programs/Nonacademic Services/Extracurricular Activities
The district shall educate a qualified student with a disability with students who are not disabled to the maximum extent appropriate to the needs of the student with a disability. A qualified student with a disability shall be removed from the regular educational environment only when the district determines that educating the student in the regular educational environment with the use of related aids, services, or accommodations cannot be achieved satisfactorily. Placement in a setting other than the regular educational environment shall take into account the proximity of the alternative setting to the student’s home. 

The district shall not discriminate against any qualified student with a disability in its provision of nonacademic services and extracurricular activities, including but not limited to, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs, and referrals to agencies which provide assistance to individuals with disabilities.

Parental Involvement
Parents/Guardians have the right to inspect and review all relevant school records of the student, meet with the appropriate school officials to discuss any and all issues relevant to the evaluation and accommodations of their child, and give or withhold their written consent to the evaluation and/or the provision of services. 

Confidentiality of Student Records
All personally identifiable information regarding a qualified student with a disability shall be treated as confidential and disclosed only as permitted by the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, state regulations and Board policy.
 
Discipline
When necessary, the district shall discipline qualified students with disabilities in accordance with state and federal laws and regulations and Board policies.
 
Referral to Law Enforcement and Reporting Requirements 
 
For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use or sale of alcohol or tobacco products; or conduct that constitutes an offense listed in the school safety and security provisions of School Code.
 
The Superintendent or designee shall immediately report required incidents and may report discretionary incidents committed on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity by a qualified student with a disability, including a student for whom an evaluation is pending, to the law enforcement agency that has jurisdiction over the school’s property, in accordance with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with law enforcement and Board policies. The Superintendent or designee shall respond in a manner that is consistent with the student’s Service Agreement and Behavior Support Plan, if applicable.
 
In making a determination of whether to notify the law enforcement agency of a discretionary incident committed by a qualified student with a disability, including a student for whom an evaluation is pending, the Superintendent or designee shall use the same criteria used for students who do not have a disability.
 
For a qualified student with a disability who does not have a Behavior Support Plan as part of the student’s Service Agreement, subsequent to notification to law enforcement, the district, in consultation with the student’s parent/guardian, shall consider whether a Behavior Support Plan should be developed as part of the Service Agreement to address the student’s behavior.
 
In accordance with state law, the Superintendent shall annually, by July 31, report to the PA Department of Education on the required form all new incidents committed by qualified students with disabilities, including students for whom an evaluation is pending, which occurred on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity.

PROCEDURAL SAFEGUARDS
The district shall establish and implement a system of procedural safeguards that includes notice of rights to the parent/guardian of a student suspected of being a qualified student with a disability, an opportunity for the parent/guardian to review relevant records, an impartial hearing with an opportunity for participation by the student’s parent/guardian, and a review procedure.

A student or parent/guardian filing a claim of discrimination need not exhaust these procedures prior to initiating action in federal court under Section 504.

Parental Request for Assistance
Parents/Guardians may file a written request for assistance with the PA Department of Education if one (1) or both of the following apply:

1.    The district is not providing the related aids, services and accommodations specified in the student’s Service Agreement.
2.    The district has failed to comply with the procedures and state regulations.

The PA Department of Education shall investigate and respond to requests for assistance and, unless exceptional circumstances exist, shall, within sixty (60) calendar days of receipt of the request, send to the parents/guardians and district a written response to the request. The response to the parents’/guardians’ request shall be in the parents’/guardians’ native language or mode of communication.

Informal Conference
At any time, parents/guardians may file a written request with the district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aids, services, or accommodations. Within ten (10) school days of receipt of the request, the district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.

Formal Due Process Hearing
If the matters raised by the district or parents/guardians are not resolved at the informal conference, the district or parents/guardians may submit a written request for an impartial due process hearing. The hearing shall be held before an impartial hearing officer and shall be conducted in accordance with state regulations.

Judicial Appeals
The decision of the impartial hearing officer may be appealed to a court of competent jurisdiction. 

COMPLAINT PROCEDURE
Complaints regarding discrimination or harassment based on disability shall be handled in accordance with Policy 103 and 103AG2. The report form is available at 103AG1.

Notice of Important Rights Concerning the Maintenance, Access to and Amendment and Disclosure of Education Records

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:

1.    The right to inspect and review the student's education records within 45 days after the day the district receives a request for access. 
2.    The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
3.    The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. In addition, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
4.    The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC  20202

Additional information about these rights is found in Board Policy 216 which is set forth below.

Student Records (Policy 216)

The Board recognizes its responsibility for the collection, retention, disclosure, and protection of student records. The Board also recognizes the legal requirement to maintain the confidentiality of student records and prohibits the unauthorized access, reproduction, and/or disclosure of student education records and personally identifiable information from such records.

The Board shall adopt a comprehensive student records plan for the collection, maintenance, and dissemination of student education records, which complies with federal and state laws and regulations, and state guidelines. Copies of the adopted student records plan shall be maintained by the district and revised as required by changes in federal or state law and regulations.

Copies of the student records plan shall be submitted to the Pennsylvania Department of Education upon request.

Definitions

Attendance - includes, but is not limited to, attendance in person or by paper correspondence, video conference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and the period during which a person is working under a work-study program.

Directory information - information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; parent phone number and electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status; dates of attendance; participation in officially recognized school activities and sports; weight and height of members of athletic teams; degrees, honors and awards received; and the most recent educational agency or institution attended.

Directory information does not include a student's Social Security Number; or student identification (ID) number, except that directory information may include a student ID number, user ID, or other unique personal identifier displayed on a student ID card/badge or used by the student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one (1) or more factors that authenticate the user's identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user.

Disclosure - permitting access to or the release, transfer or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party, except the party that provided or created the record.

Education records - records that are directly related to a student and are maintained by the school district or by a party acting for the school district.

The term does not include:

1. Records kept in the sole possession of the maker, which are used only as a personal memory aid, and are not accessible or revealed to another individual except a temporary substitute for the maker of the record;
2. Records created or received by the district after an individual is no longer a student in attendance, and that are not directly related to the individual’s attendance as a student;
3. Grades on peer-graded papers before they are collected and recorded by a teacher; or
4. Other records specifically excluded from the definition of education records under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations.
    

Eligible student - a student who has attained eighteen (18) years of age.

IEP - Individualized Education Program.

Parent -means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of a student in the absence of a parent/guardian. The district shall give full rights to either parent unless the district has been provided with evidence that there is a state law, court order, or a legally binding document governing such matters as divorce, separation, or custody that specifically revokes these rights.

Personally identifiable information - includes, but is not limited to:

1. The name of a student, the student's parents, or other family members.
2. The address of the student or student’s family.
3. A personal identifier, such as the student's Social Security Number, student number, or biometric record.
4. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name.
5. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
6. Information requested by a person who the district reasonably believes knows the identity of the student to whom the education record relates.
    

School official with a legitimate educational interest - a person employed by the district as an administrator, supervisor, teacher, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the school has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility. Criteria for determining whether the official has a legitimate interest include, but are not limited to, whether particular information concerning the student is:

1. Presently or potentially relevant to the provision of education, education-related services, or extracurricular activities or experiences, or
2. Necessary to protect the health, safety, or welfare of school officials and/or other students with whom the student might have contact.

The phrase also applies to district officials and clerical staff who are responsible for the maintenance and security of education records or auditing the district’s record keeping procedures and to attorneys, consultants, and Board members when Board action concerning the student is required by law or when the education or treatment of the student is the subject of present or potential litigation or legal dispute.

Student - includes any individual who is or has been in attendance at the district, and regarding whom the district maintains education records.

Students with disabilities - a school-aged student within the jurisdiction of the district who has been evaluated and found to have one or more disabilities as defined by law and who requires, because of such disabilities, special education, and related services.

Delegation of Responsibility

The Superintendent or designee shall be responsible for developing, implementing, and monitoring the student records plan and developing administrative guidelines to implement the policy.

All district personnel having access to student education records shall receive training in the requirements of Board policy, student records plan, and applicable federal and state laws and regulations, as directed by the Superintendent.

Each district teacher shall prepare and maintain a record of the work and progress of each student, including, but not limited to, the final grade, and a recommendation for promotion or retention.

Guidelines

The district's plan for the collection, retention, disclosure and protection of student records shall provide for the following:

1. Safeguards to protect the student records when collecting, retaining, and disclosing personally identifiable information.
2. Ensuring that parents and eligible students, including those who are disabled or have a primary language other than English, are effectively notified of their rights and the procedures to implement those rights, annually and upon enrollment.
3. Procedures for the inspection, review, and copying of a student’s education records by parents and eligible students.
4. Procedures for requesting the amendment of a student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.
5. Procedures for requesting and conducting hearings to challenge the content of the student’s education records.
6. Determining the types of personally identifiable information designated as directory information.
7. Establishing guidelines for the disclosure and redisclosure of student education records and personally identifiable information from student records.
8. Reasonable methods to ensure that school district officials obtain access to only those education records in which they have a legitimate educational interest.
9. Maintaining required records of requests for access and each disclosure of personally identifiable information from each student’s education records.
10. Ensuring appropriate review, retention, disposal, and protection of student records.
11. Transferring education records and appropriate disciplinary records to other school districts.

Missing Child Registration

A missing child notification shall be placed on school records of a student under the age of eighteen (18) reported as missing to school officials by law enforcement agency. Such notations shall be removed when the district is notified by the appropriate law enforcement agency that the missing student has been recovered.

In the event the district receives a request for information from the school records of a missing student, the district shall:

1. Attempt to obtain information on the identity of the requester.
2. Contact the appropriate law enforcement agency to coordinate a response.

No information in the records shall be released to the requester without first contacting the appropriate law enforcement agency.

STUDENT RECORD PROCEDURES
Collection, Maintenance and Destruction of Education Records

The collection, maintenance, destruction, access, disclosure, public notice, and due process regarding student records shall adhere to the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), Protection of Pupil Rights Amendment, Pennsylvania Public School Code, Regulations of Pennsylvania State Board of Education and Basic Education PA Code Chapter 22 and other applicable law.

Collection

1. The district shall collect and maintain education records in accordance with the Records Management policy, rules, procedures, and schedules promulgated thereunder, and federal and state laws and regulations.
2. By adoption of this policy, the Board gives consent for the collection of educational records provided that when a survey, analysis or evaluation is used, it is consistent with Board policy.

Maintenance – Transfer, Conversion and Destruction

1. Education records shall be transferred, converted, and destroyed in accordance with the Records Management policy, rules, procedures, and schedules promulgated thereunder and federal and state laws and regulations.
2. When the district determines that any portion of the education record of a student with disabilities is scheduled for destruction, it shall notify, in writing, the parents/guardian or the eligible student of this determination. The written notice shall be in the native language of the parents/guardians or the eligible student, shall be mailed to the last known address of the parents/guardian or the eligible student and shall:

1. The identity the specific records or categories of records scheduled for destruction;
2. Explain that the district shall destroy the identified records at a certain date; and
3. Contain the name and number of a contact person whom the parents/guardians or eligible student can contact to obtain additional information about or seek clarification concerning the records.

3. The district shall not destroy any record that is the subject of a request for access from a parent/guardian or eligible student, a litigation hold, or a Right to Know Law request.

Amendment of Records

Amendment of Records

1. A parent or eligible student may request in writing that the district amend any portion of an education record that they believe is inaccurate, misleading, or in violation of the student’s right to privacy. If a parent or eligible student makes an oral request, the parent or eligible student shall be directed to make the request in writing. Request for amendments of student records should be made to the building principal and shall specify the record(s) to be amended and the reason the amendment is requested.
2. Within thirty (30) school days of the receipt of the written request to amend the education record, the administrator who is primarily responsible for maintenance of the challenged record or their designee shall notify the parent or eligible student in writing whether the district will amend the record. If the district determines that it will grant the request to amend the record, the notice to the parent or eligible student shall either describe or provide a copy of the amended record. If the district determines that it will not amend the record, the notice shall inform the parent or eligible student of the decision, the reason(s) for refusal and the right to request a hearing.
3. If the parent or eligible student is not satisfied with the decision not to amend the record, within ten (10) days of the decision, they may submit a written request to the appropriate Director of Education or designee requesting a hearing to challenge the information in the student records.
4. The district shall hold the hearing within a reasonable time, not to exceed forty-five calendar days, after receiving the request for a hearing and provide the parent or eligible student reasonable advance notice of the date, time and place of the hearing.
5. The hearing shall be held before the Superintendent or designee.
6. The hearing shall be informal, unrecorded, and not subject to formal rules of evidence or procedure other than those required to maintain order. The parent or eligible student shall have a full and fair opportunity to present evidence in support of position and may be represented at their own expense by an adviser, including an attorney.
7. Within thirty (30) days of the completion of the hearing, the district shall issue to the parent or eligible student a written decision concerning the requested amendment to the record. The written decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision.
8. In the event the district does not grant the parent or eligible student's request, the district shall inform the parent or eligible student of their right to submit a statement to be placed in the education record of the student commenting on the contested information in the record or explaining why they disagree with the decision not to amend. The district shall:

1. Maintain the statement as part of the record for as long as the district maintains the contested record or information; and
2. Disclose the statement whenever it discloses that portion of the record to which the statement pertains.

Access and Disclosure

Access

1. The district shall allow the parents/guardians or eligible student to inspect and review the education record of the student within forty-five (45) calendar days of receipt of an oral or written request for access. Requests should be directed to the building principal of the school in which the student is enrolled or to the district's administrative office for access to inactive records (e.g., graduates and withdrawals).
2. The district shall respond to reasonable requests from the parents/guardians or eligible student for an explanation or interpretation of the education record.
3. If circumstances effectively preclude the parents/guardians or eligible student from inspecting and reviewing the education record, the district shall provide the parents/ guardians or the eligible student with a copy of the record subject to the request. When copies are not required to ensure that the parents/guardians or eligible student has the opportunity to inspect and review the education record, the district may charge a fee in accordance with the district fee schedule 801AG3, to copy requested portions of the education record.
4. When the district receives a request to inspect and review the education record of a student with disabilities in anticipation of a meeting of the IEP or multi-disciplinary team or a due process hearing, the district shall respond to such request within a reasonable time prior to the meeting or hearing.
5. When parents/guardians or an eligible student seek to inspect and review an education record that contains personally identifiable information concerning another student, the district shall provide access only to that portion of the record that pertains to the requesting student.
6. School officials with a legitimate educational interest may at any time inspect, review, and obtain copies of, the education record.

Disclosure

1. Any disclosure of personally identifiable information from an education record, other than set forth herein shall require the prior written consent of the parent or the eligible student. Any document providing such consent shall:

1. Specify the records that may be disclosed.
2. State the purpose of the disclosure.
3. Identify the party or parties to whom disclosure may be made; and
4. Be signed and dated by at least one (1) parent or the eligible student.

2. Prior written consent from the parent or the eligible student is not required when the disclosure of personally identifiable information from education records is permitted by FERPA, its implementing regulation or other applicable law. Examples of such circumstances include, but are not limited to:

1. A school official with a legitimate educational interest;
2. An educational agency or institution at which the student seeks or intends to enroll, or is enrolled so long as the disclosure is for the purposes related to the student's enrollment or transfer; provided the district makes a reasonable attempt to notify the parent or eligible student of the disclosure unless: (i) the disclosure is initiated by the parent or eligible student; or (ii) the district includes in its annual notification that the district forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll so long as the disclosure is for purposes related to the student's enrollment or transfer;
3. Authorized representatives of the state and federal government, subject to the conditions set forth in law or regulation.
4. Organizations conducting studies for or on behalf of the district to develop, validate or administer predictive tests, administer student aid programs, or improve instruction subject to the conditions and requirements set forth in law or regulation;
5. Appropriate parties in connection with a health or safety emergency, subject to certain conditions, when such disclosure is necessary to protect the health or safety of the student or others;
6. Persons seeking directory information when the district has provided parents/guardians and eligible students with proper notice of the district's policy to disclose directory information without consent and the parent or eligible student has not notified the district, in writing, on or before the first day of the school term that they object to the disclosure of some or all of the information designated as directory information;
7. The parents/guardians of a student who is not an eligible student or to the student;
8. The parents/guardians of an eligible student who remains a “dependent student” as defined in the Internal Revenue Code;
9. Accrediting organizations to carry out their accrediting functions; and
10. Comply with the terms of a judicial order or lawfully-issued subpoena, when the district has made reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, unless the terms of the subpoena or order bars such notification.

3. When required by law, third parties will be obligated to comply with redisclosure requirements.
    

Miscellaneous Provisions

The policy of the district is to comply with the requirement of state and federal law governing the maintenance of records and other personally identifiable information and the privacy rights of students and their families. To the extent that any provision of this policy is construed as or found to be inconsistent with federal or state law, the district will treat that provision as null and void.

The district shall send or deliver all notices and requests for consent required under this policy to the address identified as the residence of the student in the registration information maintained by the district. Unless it receives specific written information to the contrary, the district shall presume that all persons with authority to make educational decisions for the student have received or had the opportunity to review and respond to notices and requests sent or delivered to such address. The district will send notices and requests to separate addresses only when—

1. a person with joint authority to make educational decisions for the student, such as a divorced or separated natural parent/guardian, resides at that separate address.

The purpose of the Family Educational Rights and Privacy Act (“FERPA”) is to protect the privacy of student records. The law also assures that educational records, which are vital to the appropriate education of a student, are accessible to the school professionals working with that student. Detailed information on FERPA may be found in the Student Records portion of the district's Discipline & Records Policy distributed to parents via the Back to School portal at the start of each school year.

FERPA requires the district, with certain exceptions, to obtain your written consent prior to the disclosure of personally identifiable information from your student’s education records. However, the District may disclose “directory information” without written consent, unless you have advised the District to the contrary in accordance with district procedures. The primary purpose of directory information is to allow the district to include information from your student’s education records in certain school publications. Examples include but are not limited to: playbills or programs for an activity or sport; the yearbook; honor roll or other recognition lists; graduation programs; sports activity sheets or programs, showing weight and height of team members; school directories; and images of students involved in school activities in district publications, web sites, and social media.

Directory information can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings, publish yearbooks or publishing directories such as the Who’s Who in American High School Students; PTO/HSA directories; athletic leagues and local media representatives for student involved in school activities. 

The district has designated the following information as directory information: Student's name, address, telephone listing, electronic mail address, parent telephone number, parent electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status, participation in officially recognized school activities and sports, weight and height of members of athletic teams, degrees, honors, and awards received, the most recent educational agency or institution attended, and student ID number, user ID, or other unique personal identifier used to communicate in electronic systems or displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

If you do not want the district to disclose directory information, you must inform your student’s principal in writing. Please be aware, if you indicate that you "do not" grant permission for directory information to be released, your student's name and/or image will not appear in the school's yearbook or any published school or classroom directory. Should your student be involved in athletics, theatrical or musical productions, or other school-related activities that receive media coverage, your student’s name and picture will not be published.

In the event no written notice is received, the district will assume that you have given permission to release your student’s directory information. If during the course of the school year you desire to change your election regarding directory information, you must notify your student’s building principal in writing.

The Board is committed to protecting the health, safety and welfare of its students and the school community and providing the resources and support to address identified student needs. The Board has adopted this policy to address student behavior that may indicate a threat to the safety of the student, other students, school employees, school facilities, the community, and others.

The Board directs the Superintendent or designee, in consultation with the Safety and Security Coordinator/Public Safety Manager, to establish a threat assessment team and develop procedures for assessing and intervening with students whose behavior may indicate a threat to the safety of the student, other students, school employees, school facilities, the community and others.

Definition

Threat assessment – a fact-based process for the assessment of and intervention with students whose behaviors may indicate a threat to the safety of the student, other students, school employees, school facilities, the community, or others.

Additional information included in this policy and its administrative guidelines is available on the district’s website.