3000 Series

3110—QUALIFICATIONS OF ATTENDANCE AND PLACEMENT

1. Age of Admission

Attending the schools of the district shall be recognized as a right and responsibility for those who meet the requirements prescribed by law. Every resident of the district who satisfies the minimum entry age requirement and is less than 21 years of age has the right to attend the district’s schools until he/she completes high school graduation requirements. Children of age 8 and less than age 18 are required by law to attend a public school, an approved private school or educational center, unless they are receiving approved home-based instruction. Under certain circumstances children who are at least 16 and less than 18 years of age may be excused from further attendance at school. The superintendent shall exercise his/her authority to grant exceptions when he/she determines that the student:

A. Is lawfully and regularly employed, and

B. Has permission of a parent, or,

C. Is emancipated pursuant to Chapter 13.64 RCW; or Is subject to one of the other exceptions to compulsory attendance.

A resident student who has been granted an exception retains the right to enroll as a part-time student and shall be entitled to take any course, receive any ancillary services and take or receive any combination of courses and ancillary services which is offered by a public school to full-time students.

2. Entrance Qualifications

To be admitted to a kindergarten program which commences in the fall of the year a child must be not less than 5 years of age prior to September l of that school year. To be admitted to a first grade program which commences in the fall of the year a child must be not less than 6 years of age prior to September l of that school year. Any student not otherwise eligible for entry to the first grade who has successfully completed a state-approved, public or private, kindergarten program of 450 or more hours including instruction in the essential academic learning requirements and other subjects that the district determines are appropriate shall be permitted entry into the first-grade program. If necessary, the student may be placed in a temporary classroom assignment for the purposes of evaluation prior to making a final determination of the student’s appropriate placement. Such determination shall be made no later than the 30th calendar day following the student’s first day of attendance.

Exemptions. Special exemptions may be made for younger pupils who appear to be sufficiently advanced to succeed in the educational program. The superintendent shall identify screening processes and instruments that shall provide reliable estimates of these skills and abilities, develop procedures for implementing this policy and establish fees to cover expenses incurred in the administration of preadmission screening processes. The district shall provide a fee waiver or a reduction in fees for low income students whose parents are unable to pay the full cost of preadmission screening.

3. Admission of Students Aged Twenty-One or Older

A student aged 21 or older may enroll in a school in the district under the following conditions:

A. There is available space in the school and program which the student shall attend;

B. Tuition is prepaid;

C. The student provides his/her own transportation;

D. The student resides in the state of Washington; and

E. In the judgment of the superintendent, no adult education program is available at reasonable costs and the district’s program is appropriate to the needs of the student.

4. Placement of Student Files

The decision of where to place a student seeking admission to the district rests with the principal. Generally students meeting the age of admission requirements or transferring from a public or approved private school shall be placed in kindergarten or first grade, or the grade from which they transferred. The principal shall evaluate the educational record and assessments of all other students to determine their appropriate placement. A temporary classroom assignment may be made for no more than thirty calendar days for the purpose of evaluation prior to making the final placement decision.

Cross References:
Board Policy 2121 Drug and Alcohol Use/Abuse Program
Board Policy 2140 Guidance and Counseling
Board Policy 2108 Remediation Program
Board Policy 3114 Part-time, Home-based, or Off-campus Students
Board Policy 3121 Compulsory Attendance
Board Policy 2423 Student Achievement
Board Policy 4220 Complaints Concerning Staff or Program

Legal References:
RCW 28A.225.010 Attendance mandatory–Age–Person having custody shall cause child to attend public school – When excused
RCW 28A.225.020 School’s duties upon juvenile’s failure to attend school
RCW 28A.225.160 Qualification for admission to district’s schools – Fees for preadmission screening
RCW 28A.225.220 Adults, children from other districts, agreements for attending school–Tuition
WAC 392-335 Uniform Entry Qualifications
WAC 392-134-010 Attendance rights of part-time public school students
WAC 392-137 Finance-Nonresident attendance

Management Resource:
Policy News, April 2006 Entrance to School Policy Changes
Policy News, August 1999 Districts may set K-screening fees

Adoption Date: 06/22/2006
Raymond School District #116



3110P—QUALIFICATIONS OF ATTENDANCE AND PLACEMENT

Entrance Qualifications

As a minimum, eligibility for the exemption shall be based upon an analysis of the physical health and motor development; social and emotional development; approaches toward learning; language, literacy and communication; and cognition and general knowledge . Where feasible, assessment devices shall be used that shall permit students who are to be considered for exemption to be compared to the level of performance that would be expected of children with a chronological age of 5 years for kindergarten and 6 years for first grade in each of the areas of ability.

Admission of Students Aged Twenty-One or Older

The student shall petition the superintendent for admission.

The petition shall identify the student’s name, age, address and grade level or program of study.

If approved, the petition shall specify the tuition fee to be paid, shall be signed by the student and the superintendent and shall constitute the written agreement required by law. It shall be retained as a public document and made available to the state superintendent of public instruction upon request.

The tuition fee shall be calculated in the same way the state superintendent of public instruction determines the cost of educating a student in the district, except that a handicapped student who turns twenty-one during the school year shall only pay that amount of money deemed as “excess cost.”



3111—FEES FOR OPTIONAL NONCREDIT EXTRACURRICULAR EVENTS

Fees may be collected from students and nonstudents as a condition of their attendance at any optional noncredit extracurricular events of the district that is of a cultural, social, recreational or athletic nature. Such fees may be reduced or waived in cases of those students whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees. Such fees may likewise be waived or reduced for nonstudents of the age of sixty-five or over who, by reason of their low income, would have difficulty in paying the entire amount of such fees. Additionally, a comprehensive fee may be established by administration and collected for any combination of or all such events.

Personnel who are asked to support the activity and who sign-in at the ticket booth are not required to pay an entrance fee. Personnel who are under contract to attend the activity shall not pay to enter and are not required to sign-in. Students who are actively participating in the activity (players, band members, scorekeepers, etc.) shall neither pay nor sign in.

Fees collected pursuant to this section shall be deposited in the associated student body program fund of the school district, and may be expended to defray the costs of optional noncredit extracurricular events of such a cultural, social, recreational, or athletic nature, or to otherwise support the activities and programs of associated student bodies.

The superintendent will develop such procedures as may be necessary to fully implement this policy by the 2013/14 school year.

Legal Reference:
RCW 28A.325.010 Fees for optional noncredit extracurricular events — disposition

Adoption Date: 10/25/12
Raymond School District #116



3111P—FEES FOR OPTIONAL NONCREDIT EXTRACURRICULAR EVENTS

The district has been informed that the State Auditor’s Office has decided to emphasize RCW 28A.325.010, which disallows the past practice of issuing and honoring “discount passes.” The District recognizes that we cannot honor such passes issued by a third party, nor can we issue passes to be honored at events outside of our district.

The following procedures are designed to ensure that all student activities for which there is a charge and which take place within the District are managed in a fiscally responsible manner and follow established ASB procedure.

i. Such activities will have posted entrance fees that align with the District IV fee schedule.
ii. A sign-in list for activity support personnel will be used at each activity. Persons or positions not shown on that list are subject to the normal entrance fee.
iii. A “comprehensive fee” will be charged to all non-student patrons who wish to purchase what is commonly called a “Sports Pass” which will allow entry to all sports events.
iv. No other “Sports Pass” is allowed. For the 2012/2013 season only, those passes which have already been sold in accordance with previous rules and past practice will be accepted.
v. The student ASB card shall function as a “Sports Pass” to all sporting events.
vi. All patrons age 65 or older shall have free access to sports events if they recognize that payment of the posted fee would cause economic difficulty.



3114—PART-TIME, HOME-BASED, OR OFF-CAMPUS STUDENTS

Part-time students are permitted to enroll and receive ancillary services, provided that such students are otherwise eligible for full time enrollment in the school district and such courses or services are not available in the student’s private school or an approved extension thereof. Part-time status also includes: any student, not enrolled in a private school, who is receiving home-based instruction and taking courses at or receiving ancillary services from the district or both, or any student involved in an approved work training program.

Home-based instruction shall consist of instructional and related educational activities, including the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music. Such instruction shall be equivalent, as liberally construed, to the total annual program hours per grade level as established for public schools.

Home-based instruction may be provided by a parent who has filed a declaration of intent with the superintendent by September 15, or within two (2) weeks of the beginning of any quarter, trimester or semester. Parents may file their declaration of intent with the school district in which they reside or in a school district that has accepted their student pursuant to RCW 28A.225.225, Choice. All decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, place, and provision for th evaluation of home-based instruction shall be the responsibility of the parent. Failure of a parent to comply with the standards as specified in the law shall constitute a violation of the compulsory attendance law.

A student may be enrolled in an off-campus instruction program provided that such experiences have been approved by the superintendent or designee.

The superintendent is directed to establish procedures that define the district’s responsibilities for home-based and off-campus instruction.

Legal References:
RCW 28A.225.220 Adults, children from other districts, agreements for attending school—Tuition
RCW 28A.225.225 Applications to attend nonresident district
RCW 28A.195.010 Private schools – Extension programs for parents to teach children in their custody – Scope of state control – Generally
RCW 28A.225.010 Attendance mandatory – Age – Persons having custody shall cause child to attend public school – Exceptions
RCW 28A.200.010 Home-based instruction – Duties of parents
RCW 28A.200.020 Home-based instruction – Certain decisions responsibility of parent
RCW 28A.150.350 Part-time students – Defined – Enrollment authorized –Reimbursement for costs – Funding authority recognition – Rules
WAC 392-121-181 Enrollment time credit off-campus – Alternative Learning
WAC 392-134-010 Attendance rights of part-time public school students

Adoption Date: 8/25/98
Raymond School District #116



3114P—PART-TIME, HOME-BASED OR OFF-CAMPUS STUDENTS

Suggested procedures are as follows:

A. Distribute SPI – developed letter of intent and district-developed supplementary application to interested parents upon request.

B. Meet with parent to review supplementary application and determine if parent wishes to enter into off-campus program agreement with the school district. (Maintain a log which reflects the effort that the district has made to conduct such a meeting.)

C. If an off-campus program agreement is not established, clarify the parent’s responsibility in providing home-based instruction including instructional time, subject matter, testing and student records.

D. If a parent determines that supervision by a certificated teacher is necessary to satisfy qualifications to provide home-based instruction, inform the parent that they are expected to select and pay for such supervision. The district will, if requested, assist the parent in securing instructional materials, provided that the parent shall bear the cost of such materials.

E. Advise the parent of their rights to enroll a student for part-time instruction and/or to receive ancillary services.

F. If the parents wish to enroll the child for off-campus instruction (WAC 392-121-181), develop an agreement for each subject which provides for:

1. The objective(s) of the program;
2. The teaching component(s) of the program, including where and when teaching activities will be conducted by school district certificated staff;
3. A schedule of the duration of the program, including beginning and ending dates within the school year;
4. A description of how student performance will be supervised, evaluated, and recorded by the certificated staff or by qualified school district employees under the direct supervision of the certificated staff; and
5. A description of intervention techniques and criteria for their use.

G. Maintain proper documentation that includes the written plan, a log of contacts made with parent and student (verification by signature of parent), a log of meetings with a classroom teacher for the same grade level as the student.

H. Assign a certificated staff member to supervise the parent and student typical schedule: four (4) hours/month with parent and student; four (4) hours/month with classroom teacher.

I. Claim student as “enrolled” for purposes of state financial support.



3115‑HOMELESS STUDENTS- ENROLLMENT RIGHTS AND SERVICES

To the extent practical and as required by law, the district will work with homeless students and their families to provide them with equal access to the same free, appropriate education (including public preschool education) provided to other students. Special attention will be given to ensuring the identification, enrollment, and attendance of homeless students not currently attending school, as well as mitigating educational barriers to their academic success. Additionally, the district will take reasonable steps to ensure that homeless students are not stigmatized or segregated in a separate school or in a separate program within a school on the basis of their homeless status.

Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, bilingual education, vocational and technical education programs, gifted and talented programs and school nutrition programs.

Homeless students are defined as lacking a fixed, regular and adequate nighttime residence, including those students who are:

  • Sharing the housing of other persons due to loss of housing or economic hardship, or a similar reason;
  • Living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
  • Living in emergency or transitional shelters;
  • Abandoned in hospitals;
  • Living in public or private places not designed for or ordinarily used as regular sleeping accommodation;
  • Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations or similar settings; or
  • Migratory children living in conditions described in the previous examples.

The superintendent will designate an appropriate staff person to be the district’s McKinney-Vento liaison for homeless students and their families. The liaison may simultaneously serve as a coordinator for other federal programs, provided that they are able to carry out the duties listed in the procedure that accompanies this policy.

If the district has identified more than ten unaccompanied youth, meaning youth not in the physical custody of a parent or guardian and including youth living on their own in any of the homeless situations described in the McKinney-Vento Homeless Education Act, the principal of each middle and high school building will establish a point of contact for such youth.  The point of contact is responsible for identifying homeless and unaccompanied youth and connecting them with the district’s homeless student liaison.  The district’s homeless student liaison is responsible for training the building points of contact.

Best interest determination

In making a determination as to which school is in the homeless student’s best interest to attend, the district will presume that it is in the student’s best interest to remain enrolled in their school of origin unless such enrollment is against the wishes of a parent, guardian or unaccompanied youth.

Attendance options will be made available to homeless families on the same terms as families resident in the district, including attendance rights acquired by living in attendance areas, other student assignment policies, and intra and inter-district choice options.

If there is an enrollment dispute, the student will be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parent or guardian will be informed of the district’s decision and the reasons therefor, (or informed if the student does not qualify for McKinney-Vento, if applicable) and their appeal rights in writing and in a language they can understand. The district’s liaison will carry out dispute resolution as provided by state policy. Unaccompanied youth will also be enrolled pending resolution of the dispute.

Once the enrollment decision is made, the school will immediately enroll the student, pursuant to district policies. However, enrollment may not be denied or delayed due to the lack of any document normally required for enrollment, including academic records, medical records, proof of residency, mailing address or other documentation, or denied or delayed due to missed application deadlines or fees, fines or absences at a previous school. Additionally, enrollment may not be denied or delayed due to missed application deadlines, fees, fines, or absences at a previous school.

If the student does not have immediate access to immunization records, the student will be admitted under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist. Records from the student’s previous school will be requested from the previous school pursuant to district policies. Emergency contact information is required at the time of enrollment consistent with district policies, and in compliance with the state’s Address Confidentiality Program when necessary. However, the district cannot demand emergency contact information in a form or manner that creates a barrier to enrollment and/or attendance at school.

Homeless students are entitled to transportation to their school of origin or the school where they are to be enrolled. If the school of origin is in a different district, or a homeless student is living in another district but will attend his or her school of origin in this district, the districts will coordinate the transportation services necessary for the student, or will divide the costs equally.

The district’s liaison for homeless students and their families will coordinate with local social service agencies that provide services to homeless children and youths and their families; other school districts on issues of transportation and records transfers; and state and local housing agencies responsible for comprehensive housing affordability strategies. This coordination includes providing public notice of the educational rights of homeless students where such children and youth receive services under the McKinney-Vento Act, such as schools, family shelters and soup kitchens. The notice must be disseminated in a manner and form that parents, guardians and unaccompanied youth receiving such services can understand, including, if necessary and to the extent feasible, in their native language. The district’s liaison will also review and recommend amendments to district policies that may act as barriers to the enrollment of homeless students and will participate in  professional development and other technical assistance activities, as determined by the state-level (OSPI) coordinator for homeless children and youth programs.

The superintendent will:

  • Strongly encourage district staff, including substitute and regular bus drivers to annually review the video posted on the OSPI website on identification of student homelessness;
  • Strongly encourage every district-designated homeless student liaison to attend trainings provided by the state on identification and serving homeless youth.  Ensure that the district includes in materials provided to all students at the beginning of the school year or at enrollment, information about services and support for homeless students (i.e., the brochure posted on the OSPI website).
  • Use a variety of communications each year to notify students and families about services and support available to them if they experience homelessness (e.g., distributing and collecting a universal annual housing intake survey, providing parent brochures directly to students and families, announcing the information at school-wide assemblies, posting information on the district’s website).

Facilitating on-time grade level progression

The district will: 1) waive specific courses required for graduation for students experiencing homelessness if similar coursework has been satisfactorily completed in another school district; or 2) provide reasonable justification for denial of the waiver. In the event the district denies a waiver and the student would have qualified to graduate from their sending school district, the district will provide an alternative process of obtaining required coursework so that the student may graduate on time.

The district will consolidate partial credit, unresolved, or incomplete coursework and will provide students experiencing homelessness with opportunities to accrue credit in a manner that eliminates academic and nonacademic barriers for the student.

For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, the district will grant partial credit for coursework completed before the date of the withdrawal or transfer. When the district receives a transfer student in these circumstances, it will accept the student’s partial credits, apply them to the student’s academic progress or graduation or both, and allow the student to earn credits regardless of the student’s date of enrollment in the district.

In the event a student is transferring at the beginning of or during their junior or senior year of high school and is ineligible to graduate after all alternatives have been considered, the district will work with the sending district to ensure the awarding of a diploma from the sending district if the student meets the graduation requirements of the sending district.

In the event a student enrolled in three or more school districts as a high school student, has met state requirements, has transferred to the district, but is ineligible to graduate from the district after all alternatives have been considered, the district will waive its local requirements and ensure that the student receives a diploma.

Informed consent for healthcare

Informed consent for healthcare on behalf of a student experiencing homelessness may be obtained from a school nurse, school counselor, or homeless student liaison when:

a. Consent is necessary for non-emergency, outpatient, primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries;

b. The student meets the definition of a “homeless child or youth” under the federal McKinney-Vento homeless education assistance improvements act of 2001; and

c. The student is not under the supervision or control of a parent, custodian, or legal guardian, and is not in the care and custody of the department of social and health services.

The District and District employee authorized to consent to care under this policy are not subject to administrative sanctions or civil damages resulting from the consent or non-consent for care or payment for care.

Cross References:
3116 – Students in Foster Care
3120 – Enrollment
3231 – Student Records
3413 – Student Immunization And Life Threatening Health Conditions
4218 – Language Access Plan

Legal References:
RCW 28A.225.215 Enrollment of children without legal residences
RCW 28A.320.145 Support for homeless students.
20 U.S.C. 6301 et seq. Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act [ESSA]
42 U.S.C. 11431 et seq. McKinney-Vento Homeless Assistance Act
Chapter 28A.320 RCW Provisions applicable to all districts (new section created by 3SHB 1682, 2016 legislative session)
Laws of 2018, ch. 271 – School Meals

Management Resources:
2018 – May Issue

2017 – July Issue
Posters and Other Materials for Community Outreach – OSPI
2016 – November Issue
2016 – July Issue
2014 – December Issue
2004 – October Issue
2002 – October Issue

Adoption Date: 10/26/17 Technical Fix: 5/29/18
Raymond School District #116



3115P‑Procedure Homeless Students- Enrollment Rights and Services

A. Definitions

1. Homeless children and youths means individuals who lack a fixed, regular, and adequate nighttime residence. This includes children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason, living in motels, parks or campgrounds; or children or youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a sleeping accommodation by human beings; or children or youth living in cars, abandoned buildings or substandard housing or similar situations; or migratory children because they are living in circumstances like those described above. “Substandard housing” may be determined by considering factors such as whether the setting in which the child or youth is living lacks water, electricity or heat; is infested with vermin or mold; lacks a working kitchen or toilet, or presents unreasonable dangers to adults, children or persons with disabilities. Cities, counties and states have varying housing codes that further define housing deemed substandard by law.

2. Unaccompanied youth means a youth not in the physical custody of a parent or guardian and includes youth living on their own in any of the homeless situations described in the McKinney-Vento Homeless Education Act.

3. School of origin means the school or preschool that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled. When a child or youth completes the final grade level served by the school of origin, the school of origin includes the designated receiving school at the next grade level for all feeder schools.

4. Best interest determination means that the district must make school placement decisions for homeless students and youths on the basis of their best interest, as determined by student-centered factors including impact of mobility on achievement, education, health and safety. Priority should be given to the request of the child or the parent/guardian or unaccompanied youth. Placement of siblings should also be considered.

5. Excess cost of transportation means the difference between what the district normally spends to transport a student to school and the cost of transporting a homeless student to school. For example, there is no excess cost of transportation if the district provides transportation to a homeless student by a regular bus route. However, if the district provides special transportation to a homeless student (e.g., by private vehicle or transportation company), the entire cost would be considered excess costs of transportation. The additional cost of the district’s re-routing of busses to transport a homeless student can be considered excess cost of transportation. The district may use McKinney-Vento subgrant funds and Title I, Part A funds to defray excess cost of transportation for homeless students.

B. Identification

The district will:

  1. Use a housing questionnaire in its enrollment process. The questionnaire will be distributed universally so as to avoid stigmatizing homeless children and youths and their families;
  2. Ensure that referral forms used to identify and support homeless students are accessible and easy to use;
  3. Include its homeless liaison’s contact information on its website;
  4. Provide materials for homeless students and parents, if necessary and to the extent feasible, in their native language;
  5. As practicable, provide annual guidance for school staff on the definition of homelessness, signs of homelessness, the impact of homelessness on students and steps to take when a potentially homeless student is identified, including how to connect the student with appropriate housing and support service providers;
  6. Develop interagency partnerships to serve homeless families and youths; and
  7. Work with the state homelessness coordinator to facilitate services to families and youths made homeless by natural disasters or other catastrophic events.

C. Placement and enrollment

The district will:

  1. When deciding placement, presume that allowing the homeless student to remain in their school of origin is in the student’s best interest, except when doing so is contrary to the request of the student’s parent or guardian or unaccompanied youth;
  2. If the parent/guardian contests the district’s decision, make a best interest determination based on factors such as the impact of mobility on the student’s educational achievement, health and safety. If the best interest determination is requested by an unaccompanied youth, the process will give priority to the views of the youth;
  3. After conducting a best interest determination, provide to the parent/guardian of the student in a timely manner and in a language they can understand, a written explanation of the final decision and the right to appeal the decision (see Dispute Resolution Procedure, below);
  4. Pending resolution of disputes that arise over eligibility, school selection or enrollment, immediately enroll a homeless student in the school in which the parent, guardian or unaccompanied youth seeks enrollment;
  5. Avoid delay or denial of enrollment of homeless students, even if they have missed application or enrollment deadlines during any period of homelessness or are unable to produce records required for enrollment (e.g., previous academic records, immunization records, health records, proof of residency, proof of guardianship, birth certificates);
  6. Avoid requirements for student contact information to be in a form or manner that creates a barrier for homeless students;
  7. Provide transportation for homeless students to their school or preschool of origin. Once the student has obtained permanent housing, the district will continue to provide such transportation until the end of the academic year. If the homeless student remains in their school of origin but begins living in an area served by district, the district of origin and the district in which the homeless student is living must agree upon a method to apportion the responsibility and costs for the student’s transportation to and from their school of origin. If the districts cannot reach agreement, the responsibility and costs for transportation will be shared equally;
  8. Continue to provide transportation to their school of origin pending the outcome of enrollment or transportation disputes;
  9. Immediately contact the school last attended by the homeless student to obtain relevant academic and other records;

D. District’s homeless liaison

The district liaison will ensure that:

  1. Homeless children and youths are identified by school personnel and through coordination of activities with other entities and agencies;
  2. Homeless children and youths enroll in and have a full and equal opportunity to succeed in school;
  3. Homeless families, children and youths receive educational services for which such families, children and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the district and referrals to health care services, dental services, mental health services, and other appropriate services;
  4. Homeless students are identified and provided proper access to free school meals;
  5. The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
  6. Public notice of the educational rights of homeless children and youths is disseminated where such children receive services (e.g., schools, family shelters, soup kitchens);
  7. Enrollment disputes are mediated in accordance with Paragraph C, Placement and enrollment, above; and
  8. The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin and is assisted in accessing transportation to the school selected;
  9. Unaccompanied youths are enrolled in school, have opportunities to meet the same challenging state academic standards as the state establishes for other children and youths, are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (HEA) (20 U.S.C. 1087vv) for federal student aid purposes, and their right to receive verification of this status from the local liaison;
  10. Barriers that prevent homeless students from receiving credit for full or partial coursework satisfactorily completed while attending a prior school are identified and removed;
  11. Affirm whether homeless students meet the U.S. Department of Housing and Urban Development (HUD) definition of homelessness to qualify them for HUD homeless assistance programs and refer homeless families and students to housing and other services;
  12. Assist parents, guardians and unaccompanied youth in obtaining immunizations, health screenings, guardianship records and other documents normally required for enrollment; and
  13. Assist unaccompanied youths in connecting with needed supports such as housing assistance, health care and other services.

In addition to the duties and responsibilities listed above, the district liaison will work to improve systems to identify homeless students and coordinate with the district’s nutrition program to ensure that each homeless student has proper access to free school meals, and that applicable accountability and reporting requirements are satisfied.

The district will inform school personnel, service providers and advocates working with homeless families of the duties of the district homeless liaison.

E. Dispute Resolution Procedure


The district will ensure that the child/youth attends the school in which they sought enrollment while the dispute process is being carried out.

1. Notification of Appeal Process

If the district seeks to place a homeless child in a school other than the school of origin or the school requested by the parent, the school district will inform the parent or the unaccompanied youth of the right to appeal. The district will provide the parent or unaccompanied youth with written notice including:

a. An explanation of the decision regarding the child’s placement and contact information for the district and the OSPI homeless liaison, including their roles;
b. Notification of the parent’s right to appeal(s);
c. Notification of the right to enroll in the school of choice pending resolution of the dispute;
d. A description of the dispute resolution process including a petition form that can be returned to the school to initiate the process and timelines; and
e. A summary of the federal legislation governing placement of homeless students (McKinney-Vento Act).

2. Appeal to the School District Liaison – Level I


If the parent or unaccompanied youth disagrees with the district’s placement decision, they may appeal by filing a written request for dispute resolution with the school, the district’s homeless liaison or a designee. If submitted to the school, it will be immediately forwarded to the homeless liaison. The request for dispute resolution must be submitted within fifteen business days of receiving notification of the district’s placement.

The liaison must log the complaint including a brief description of the situation and reason for the dispute and the date and time of the complaint was filed.

a. A copy of the complaint must be forwarded to the liaison’s supervisor and the superintendent;
b. Within five business days of the receiving the complaint, the liaison must provide the parent or unaccompanied youth with a written decision and notification of the parent’s right to appeal;
c. The district will verify receipt of the Level I decision; and
d. If the parent or unaccompanied youth wishes to appeal, notification must be provided to the district liaison within ten business days of receipt of the Level I decision. The liaison will provide the parent with an appeals package containing:

i. The complaint filed with the district liaison at Level I;
ii. The decision rendered at Level I; and
iii. Additional information provided by the parent, unaccompanied youth and/or homeless liaison.

3. Appeal to the School Superintendent – Level II

​The parent or unaccompanied youth may appeal the district liaison’s decision to the superintendent or the superintendent’s designee using the appeals package provided at Level I.

a. The superintendent will arrange for a personal conference to be held with the parent or unaccompanied youth within five business days of receiving the Level I appeals package;

b. Within five business days of the conference with the parent or unaccompanied youth the superintendent will provide that individual with a written decision with supporting evidence and notification of their right to appeal to the OSPI;

c. The district will verify receipt of the Level II decision;

d. A copy of the superintendent’s decision will be forwarded to the district’s homeless liaison; and

e. If the parent or unaccompanied youth wishes to appeal to the OSPI, notification must be provided to the district homeless liaison within ten business days of receipt of the Level II decision.

4. Appeal to the Office of the Superintendent of Public Instruction – Level III

a. The district superintendent will forward a copy of the Level II decision and all written documentation to the OSPI homeless liaison within five days of rendering a decision. The district will submit the entire dispute package to the OSPI in one complete package by U.S. mail;

b. The OSPI’s homeless education coordinator or designee, along with the appropriate agency director, and/or agency assistant superintendent will make a final decision within fifteen business days of receiving the appeal;

c. The OSPI’s decision will be forwarded to the district’s homeless liaison. The liaison will distribute the decision to the parent or unaccompanied youth and the local superintendent;

d. The OSPI’s decision will be the final resolution for placement of a homeless child or youth in the district; and

e. The district will retain the record of all disputes, at each level, related to the placement of homeless children.

F. Inter-district Disputes

If districts are unable to resolve a dispute regarding the placement of a homeless student, either district may submit a written request to the OSPI seeking resolution.

The OSPI will resolve the dispute within 10 business days of notification of the dispute and inform all interested parties of the decision.



3116‑STUDENTS IN OUT-OF-HOME (FOSTER) CARE

The board recognizes that students in out-of-home or foster care, experience mobility in and out of these care systems and from one home placement to another that disrupts their education, thereby creating barriers to academic success and on-time graduation. Through collaboration with state, local, and/or tribal child welfare agencies, the district will strive to minimize or eliminate educational barriers for students in out-of-home care, particularly with regard to enrollment, transfer of student records, and transportation to their school of origin. Pursuant to chapter 28A.225 RCW, the district’s collaboration with the state department of children, youth, and families in compliance with RCW 74.13.56 is mandatory. The superintendent or designee is authorized to establish procedures and/or practices for implementing this policy.

The District and its schools will work to improve systems to identify students in out-of-home care to ensure that each student has proper access to free school meals and that applicable accountability and reporting requirements are satisfied.

Point of contact
The superintendent or designee will designate an appropriate staff member to serve as the district’s point of contact with local child welfare agencies, if such agencies notify the district in writing that they have designated a point of contact for the district. The point of contact will work with appropriate state, local, and/or tribal child welfare agencies to receive notifications and share information regarding the status and progress of students in out-of-home care. The point of contact will also work collaboratively with the district’s Title I coordinator to provide supports for students in out-of-home care that are enrolled or seeking to enroll in the district.

Enrollment
Whenever practical and in the best interest of the child, students placed into out-of-home care must remain enrolled in the school that they were attending at the time they entered out-of-home care. Best-interest determinations should be made as quickly as possible in order to prevent educational discontinuity for the student, and should take into consideration the student-centered factors and input from the relevant and appropriate persons listed in procedure 3116P.

If remaining in the school of origin is determined not to be in the student’s best interest, the district will immediately enroll that student in their new school. Enrollment may not be denied or delayed based on the fact that documents normally required for enrollment have not been provided.

A school may not prevent a student in out-of-home care from enrolling based on incomplete information of any history of placement in special education, any past, current, or pending disciplinary action, any history of violent behavior, or behavior listed in RCW 13.04.155, any unpaid fines or fees imposed by other schools, or any health conditions affecting the student’s educational needs during the ten (10) day period that the Department of Social and Health Services has to obtain that information. Upon enrollment, the district will make reasonable efforts to obtain and assess the child’s educational history in order to meet the child’s unique needs within two (2) school business days.

Records Transfer
When a student in out-of-home care transfers schools, whether within the district or to another school district, the enrolling school will immediately contact the sending school to obtain academic and other records. The sending school will respond as soon as possible to requests it receives for records of students in out-of-home care.

Additionally, upon receipt of a request for education records of a student in out-of-home care from the Department of Social and Health Services, the district will provide the records to the agency within two (2) school days.

Transportation
By December 10, 2016, the district will collaborate with state, local or tribal child welfare agencies, as appropriate, to implement a written transportation procedure by which prompt, cost-effective transportation will be provided, arranged and funded for students to remain in their school of origin when in their best interest for the duration of their time in foster care.

The written procedure will ensure that if additional costs are incurred in providing transportation, the district will provide transportation to the school of origin if: 1) the child welfare agency agrees to reimburse the transportation; (2) the district agrees to pay for the cost of the transportation; or 3) the district and the child welfare agency agree to share transportation costs.

Dispute resolution
In the event that a caregiver or education decision-maker disputes a district decision regarding the best interest of the student in out-of-home care with regard to enrollment or the provision of any other education-related service, including transportation, the caregiver or education decision-maker may use the three-tiered appeals process outlined in the procedure that accompanies this policy. The district will make all reasonable efforts to collaborate with appropriate agencies and aggrieved parties to resolve the dispute at the local level.

In the event that a dispute occurs between the district and a child welfare agency with regard to issues that do not involve educational placement or the provision of educational services (e.g., transportation reimbursements, failure to collaborate), such disputes may be forwarded to the Office of Superintendent of Public Instruction for resolution.

Review of unexpected or excessive absences
A district representative or school employee will review unexpected or excessive absences of students in out-of-home care and those awaiting placement with the student and adults involved with the student, including their caseworker, educational liaison, attorney if one is appointed, parent, guardian and foster parents. The purpose of the review is to determine the cause of the absences, taking into account: unplanned school transitions, periods of running from care, in-patient treatment, incarceration, school adjustment, educational gaps, psychosocial issues, and unavoidable appointments during the school day. The representative or employee will take proactive steps to support the student’s school work so the student does not fall behind and to avoid suspension or expulsion based on truancy.

Facilitating on-time grade level progression
The district will: 1) waive specific courses required for graduation for students in out-of-home care if similar coursework has been satisfactorily completed in another school district; or 2) provide reasonable justification for denial of the waiver. In the event the district denies a waiver and the student would have qualified to graduate from their sending school district, the district will provide an alternative process of obtaining required coursework so that the student may graduate on time.

The district will consolidate partial credit, unresolved, or incomplete coursework and will provide students in out-of-home care with opportunities to accrue credit in a manner that eliminates academic and nonacademic barriers for the student.

For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, the district will grant partial credit for coursework completed before the date of the withdrawal or transfer. When the district receives a transfer student in these circumstances, it will accept the student’s partial credits, apply them to the student’s academic progress or graduation or both, and allow the student to earn credits regardless of the student’s date of enrollment in the district.

In the event a student is transferring at the beginning of or during their junior or senior year of high school and is ineligible to graduate after all alternatives have been considered, the district will work with the sending district to ensure the awarding of a diploma from the sending district if the student meets the graduation requirements of the sending district.

In the event a student enrolled in three or more school districts as a high school student, has met state requirements, has transferred to the district, but is ineligible to graduate from the district after all alternatives have been considered, the district will waive its local requirements and ensure that the student receives a diploma.

Cross References: 2418 – Waiver of High School Graduation Credits
3115 – Homeless Students- Enrollment Rights and Services
3120 – Enrollment
3122 – Excused and Unexcused Absences
3231 – Student Records
6100 – Revenues From Local, State, and Federal Sources

Legal References: RCW 28A.150.510 Transmittal of education records to department of social and health services – Disclosure of educational records – Data-sharing agreements – Comprehensive needs requirement document – Report
RCW 28A.225.023 Youth dependent pursuant to Chapter 13.34 RCW – Review of unexpected or excessive absences – Support for youth’s school work
RCW 28A.225.215 Enrollment of children without legal residences
RCW 28A.225.330 Enrolling students from other districts—Requests for information and permanently records—Withheld transcripts-Immunity from liability—Notification to teachers and security personnel—Rules
RCW 28A.320.192 On-time grade level progression and graduation of students who are dependent youth
RCW 74.13.550 Child placement – Policy of educational continuity
20 U.S.C. 6301 et seq. Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act [ESSA]

Laws of 2018. ch, 139 Students in Out-of-Home Care – Best Interest Determinations;
Laws of 2018, ch. 271 School Meals

Management Resources: 2018 – May Issue
2017 – July Issue
2016 – November Issue
OSPI list of Foster Care Liaisons/DSHS Contacts

Adoption Date: 9/27/18
Revised Dates: 07.17; 05.18



3116P‑Students in Out-of-Home Care

Definitions

• Additional costs incurred in providing transportation are those costs that reflect the difference between what the district would otherwise spend to transport a student to his or her assigned school and the cost of transporting a student in out-of-home care to his or her school of origin. The district would, for example, incur an additional cost if it had no choice but to re-route busses to transport a student in foster care to one of its schools.

• Best interest determination means using child-centered criteria for determining which educational setting is best for a particular child. Decisions should be made on a case-by-case basis and should not be based on the cost of transportation.

• Caregiver means potential out-of-home placement options including licensed foster homes, relatives, group care providers or other court-ordered suitable parties. All placement options result from state dependency court actions. This term is relevant to the dispute resolution process for education-services decisions relevant to students in out-of-home care.

• Educational decision-maker means the caregiver and social worker listed on the Caregiver Authorization Form who are authorized to make day to day decisions for children and youth in out-of-home care. Additional decision-makers such as the birth parent, education liaison, or other appropriate adult may be court-appointed and identified on the Health and Education Authorization Court Order. This term is relevant to the dispute resolution process for enrollment and transportation decisions relevant to students in out-of-home care.

• Out-of-home care has the same meaning as in RCW 13.34.030, and means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child’s parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

• Other supervising agency means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in Washington under RCW 74.15.190 that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.

• School of origin means the school in which a child is enrolled at the time of placement in foster care. If a child’s foster care placement changes, the school of origin would then be considered the school in which the child is enrolled at the time of placement change.

Duties of the foster care liaison
The superintendent or designee will designate a district foster care liaison to facilitate district compliance with state and federal laws related to student in out-of-home care and to collaborate with the department of children, youth, and families to address educational barriers for these students. The role and responsibilities of a foster care liaison may include:

(a) Coordinating with the department of children, youth, and families on the implementation of state and federal laws related to students in out-of-home care;
(b) Coordinating with foster care education program staff at the office of the superintendent of public instruction;
(c) Attending training and professional development opportunities to improve school district implementation efforts;
(d) Serving as the primary contact person for representatives of the department of children, youth, and families;
(e) Leading and documenting the development of a process for making best interest determinations in accordance with the processes identified in this procedure;
(f) Facilitating immediate enrollment in accordance with RCW 28A.225.330;
(g) Facilitating the transfer of records in accordance with RCW 28A.150.510 and 28A.225.330;
(h) Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules;
(i) Developing and coordinating local transportation procedures;
(j) Managing best interest determination and transportation cost disputes according to the best practices developed by the office of the superintendent of public instruction;
(k) Ensuring that students in out-of-home care are enrolled in and regularly attending school, consistent with RCW 28A.225.023; and
(l) Providing professional development and training to school staff on state and federal laws related to students in out-of-home care and their educational needs, as needed.

The district foster care liaison will also:

• Collaborate with the district’s Title I coordinator and the appropriate child welfare agency point of contact on the implementation of Title I provisions;
• Document all best interest determination processes as well as collaboration with the child welfare agency or agencies;
• Develop and coordinate local transportation procedures;
• Manage transportation costs disputes;
• Coordinate all appeals of education-based decisions for students in out-of-home care and district appeals of inter-agency disputes; and
• As resources permit, provide guidance to school staff on Title I provisions and educational needs of students in out-of-home care on an as-needed basis.

Enrollment in school of origin
When the district foster care liaison receives notification from a child welfare agency that a student in out-of-home care will be moving to a new residence and the necessary timeframe for determining the student’s most appropriate school placement, the district liaison/designee will in turn provide the agency with information on the appropriateness of the current educational setting. In order to minimize disruption to their education, students placed into out-of-home care must remain enrolled in the school they were attending upon entering out-of-home care, unless it is determined that such placement is not in the student’s best interest.

Best interest determination

When a determination of the student’s best interest is necessary, it will take into account a variety of student-centered factors and input from relevant and appropriate persons. The student-centered factors for consideration should include:

(a) How long is the student’s current out-of-home care placement expected to last?
(b) What is the student’s permanency plan and how does it related to school stability?
(c) How many schools has the student attended in the current year?
(d) How many schools has the student attended over the past few years?
(e) Considering the impacts of past transfers, how may transferring to a new school impact the student academically, emotionally, physically, and socially?
(f) What are the immediate and long-term educational plans of, and for, the student?
(g) How strong in the student academically?
(h) If the student has special needs, what impact will transferring to a new school have on the student’s progress and services?
(i) To what extent are the programs and activities at the potential new school comparable to, or more appropriate than, those at the school of origin?
(j) Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?
(k) Which school does the student prefer?
(l) How deep are the child’s ties to his or her school of origin?
(m) Would the timing of the school transfer coincide with a logical juncture, such as after testing, after an event that is significant to the student, or at the end of the school year?
(n) How would changing schools affect the student’s ability to earn full academic credit, participate in sports or other extracurricular activities, proceed to the next grade, or graduate on time?
(o) How would the commute to the school under consideration impact the student, in terms of distance, mode of transportation, and travel time?
(p) How anxious is the student about having been removed from the home or about any upcoming events?
(q) What school does the student’s sibling attend? And
(r) Are there safety issues to consider?

When making best-interest determination, every effort should also be made to gather meaningful input from relevant and appropriate persons on their perspective regarding which school the student should attend during his or her time in out-of-home care, consistent with the student’s case plan. Such relevant and appropriate persons include:

(a) Representatives of the department of children, youth, and families;
(b) Representatives of the school of origin, such as a teacher, counselor, coach, or other meaningful person in the student’s life;
(c) Biological parents;
(d) Foster parents;
(e) Educational liaisons identify under RCW 13.34.045;
(f) The student’s relatives; and
(g) Depending on his or her age, the student.

Additionally, the district will adopt any best-interest determination guide developed by the office of the superintendent of public instruction during the discussion about the advantages and disadvantages of keeping the student in the school of origin or transferring the student to a new school.
The best interest determination will be made as quickly as possible in order to prevent educational discontinuity for the student.. Written notification of the determination will be given to appropriate parties involved in the determination, including the student’s biological parents, foster parents, school representatives and educational liaisons, as well as representatives of the department of children, youth, and families.

Only a caregiver or education decision-maker for the student may file an appeal using the Dispute Resolution Process.

Dispute resolution process: Disputes between the district and the student’s caregiver/education decision–maker.
The District will adopt and implement any dispute resolution process developed by the office of the superintendent of public instruction when there is a disagreement about school placement, the provision of educational services, or a dispute between agencies.

Level One
The student’s caregiver or education decision-maker may dispute the district’s best interest determination, transportation decision, or the provision of any other education-related service for a student in foster care. They may do so by providing the district or the district’s foster care liaison with written notice of the dispute within fifteen (15) business days of receiving notice of the district’s determination (e.g., that the district intends to enroll the student in a school other than the school of origin or the school requested by the caregiver or the education decision-maker).

[District note: Insert name and contact information for district’s foster care liaison here].

The notice of dispute, if provided to the district, will be immediately forwarded to the foster care liaison, or, if that person is unavailable, another designee. The liaison will log receipt of the notice (including the date and time), and then forward a copy of this documentation to their immediate supervisor and the superintendent or designee.
The liaison will make a decision on the dispute within five (5) business days of receipt and inform the caregiver or educational decision-maker in writing of the result. The following documents will be included with the decision in an “appeals package”:

• A copy of the original notice of dispute;
• Any additional information from the caregiver or educational decision-maker and/or foster care liaison; and
• Instructions on appealing the decision to Level II.

The liaison will verify receipt of the written decision by the caregiver or education decision-maker.

Level Two
If the caregiver or education decision-maker disagrees with the decision of the foster care liaison, he or she may appeal the decision to the superintendent or his/her designee (who must be someone other than the foster care liaison). He or she may do so by providing the superintendent’s office with a copy of the Level I appeals package within ten (10) business days of their receipt of the Level I decision.

Within five (5) business days of the notification to the district that the caregiver or education decision-maker intends to appeal, the superintendent or designee will arrange to meet within a reasonably expeditious time period either in-person or through phone/video conference with the student’s caregiver or educational decision-maker, the student if appropriate, and at least one representative from DSHS or another supervising agency. If it is not possible for the DSHS or other supervising agency representative to be present within a reasonable time, the superintendent or designee will document their efforts to include the representative and proceed with the conference.

Within five (5) business days of the conference, the superintendent or designee will provide the caregiver or educational decision-maker with a written decision, supporting evidence, reasons for the decision and an appeals package that includes:

• A copy of the initial dispute filed at Level I and the Level I decision;
• The Level II decision rendered by the superintendent or designee;
• Any additional information from the caregiver or education decision-maker and/or foster care liaison;
• Instructions as to how to file a Level III appeal, including the physical address and email address of where to submit the dispute:

Foster Care Education Program Supervisor
Old Capital Building
PO Box 47200
Olympia, WA 98504-7200
fostercare@k12.wa.us

The district’s foster care liaison will also be provided a copy of the Level II decision and appeals package. The liaison will be responsible for verifying receipt of the decision and appeals package by the caregiver or educational decision-maker.

Level III
If the caregiver or education decision-maker disagrees with the decision of superintendent or designee, he or she may appeal the decision by notifying the district’s foster care liaison within ten (10) business days of receipt of the Level II decision of their intent to file a Level III appeal.

The superintendent or designee will forward all written and electronic documentation to the OSPI Foster Care Education Program Supervisor or designee for review within five (5) business days of receiving notification of the caregiver or education decision-maker’s intent to file a Level III appeal.

The caregiver or education decision-maker may also submit related documentation to the OSPI Foster Care Education Program Supervisor and the district’s foster care liaison for review within five (5) business days after notifying the district of their intent to file a Level III appeal. The documentation must be submitted in one consolidated and complete package via email or the US Postal Service.

The OSPI Foster Care Education Program Supervisor or designee and appropriate DSHS representatives shall make a decision within fifteen (15) business days of receipt of the dispute. The decision will be forwarded to the district’s foster care liaison for distribution to the caregiver or educational decision-maker, the DSHS representative engaged by the district at Level II and the superintendent. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.

The district will maintain records of disputes resolved at the Level I, Level II and/or Level III and shall be made available to OSPI upon request.

Dispute Resolution Process: Disputes between the district and the child welfare agency
In the event that the district and the child welfare agency are unable to resolve a dispute that does not involve educational placement or the provision of educational services to a student in foster care (e.g., failure to collaborate, transportation reimbursements, date sharing, records release policies), either party may forward the dispute in writing to the OSPI Foster Care Education Program Supervisor or designee.

Within ten (10) business days of receipt of the dispute, a written decision will be forwarded to the superintendent, the district’s foster care liaison and the agency representative involved in the dispute. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.


3120—ENROLLMENT

The superintendent will develop procedures for enrolling students, recording attendance behavior, and counseling and correcting students with attendance problems. When enrolling a student who has attended school in another school district, the parent and student will be required to briefly indicate in writing whether or not the student has:

A. Any history of placement in a special education program;

B. Any past, current or pending disciplinary actions;

C. Any history of violent behavior or convictions;

D. Adjudications or diversion agreements related to a violent offense, a sex offense, inhaling toxic fumes, a drug offense, a liquor violation, assault, kidnapping, harassment, stalking or arson;

E. Any unpaid fines or fees from other schools; and

F. Any health conditions affecting the student’s educational needs.

If the district receives information that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of staff or students, the student’s teachers and building security personnel will be informed.

A district may require students or their parents to provide proof of residency within the district, such as copies of phone and water bills or lease agreements. The school district will not require proof of residency or any other information regarding an address for any student who is eligible by reason of age for the services of the district if the student does not have a legal residence. A district will not inquire into a student’s citizenship or immigration status or that of his/her parents or guardians. The request for enrollment may be made by the student, parent or guardian.

Since accurate enrollment and attendance records are essential both to obtain state financial reimbursement and to fulfill the district’s responsibilities under the attendance laws, the district will be diligent in maintaining such records.

Cross References:
2255 – Alternative Learning Experience Programs

Legal References:
RCW 28A.225.215 Enrollment of children without legal residences
RCW 28A.225.330 Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules
WAC 392-121-108 Definitions — Enrollment exclusions
WAC 392-121-122 Definitions —Full-time equivalent student
WAC 392-121-182 Alternative learning experience requirements
WAC 392-169-022 Running start student — Definition

Management Resources:
2014 – June Policy & Legal News Issue

Adoption Date: 09/25/14
Raymond School District #116



3120P—PROCEDURE ENROLLMENT

Enrollment and attendance records will be maintained in each school building. At the conclusion of the year, the enrollment and attendance information will be recorded on the student’s permanent record card.

The attendance registers will remain in the school building for a period of 5 years, after which time they will be sent to the district office to be destroyed.

Annually each school will report to the district actions taken to reduce any student’s absenteeism following the student’s fifth absence in one month, or tenth absence in one year. The district will report this information annually to the superintendent of public instruction:

  • The number of enrolled students and the number of unexcused absences;
  • The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month;
  • A description of any programs or schools developed to serve students who have had five or more absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The reports will also describe any placements in an approved private nonsectarian school or program or certified program under a court order; and
  • The number of petitions filed by a school or a parent with the juvenile court; and
  • The information in these reports will not disclose the names or other identification of the students or parents.

For purposes of enrollment count, a “full-time equivalent student” will be:

Grade K:
20 hours or more per week or four hours or more for 90 scheduled days or 10 hours or more per week or two hours or more for 180 scheduled days.
Grade 1-3:
20 hours or more per week or four hours or more for 180 scheduled days.
Grade 4-10:
25 hours or more per week or five hours or more for 180 scheduled days.
Grade 11-12:
25 hours or more per week or five hours or more for 180 scheduled days; the equivalent in a combination of high school, community college and/or vocational-technical institute courses; or the equivalent in an alternative school program.

Alternative Learning Experiences: Full-time equivalency will be determined by documentation of all hours of learning activities pursuant to WAC 392-121-182.

Normal class change/passing time may be counted as part of this requirement. Noon intermission, however, is excluded.

No student may be counted on any school’s or program’s enrollment report who has been absent consecutively from school for more than twenty two consecutive school days until attendance is resumed. No part-time student that has not attended school at least once within a period of twenty consecutive school days may be counted as an enrolled student until attendance is resumed. School days are defined as regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student’s individualized schedule.

monthly enrollment report days (first of the month) until attendance is resumed.

Procedures for handling excused and unexcused absences are defined in 3122P, Excused and Unexcused Absences.

Adoption Date: 6/25/15
Raymond School District #116



3121—COMPULSORY ATTENDANCE

Parents of any child eight years of age and under eighteen years of age shall cause such child to attend school and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless the child is enrolled in an approved private school, an educational center as provided in chapter 28A.205 RCW or is receiving home-based instruction. Parents of any child six or seven years old, who have enrolled the child in school, shall cause the child to attend school for the full time when such school may be in session, unless the child is formally withdrawn from enrollment by the parents.

Exception may be granted by the superintendent in the following circumstances:

A. The student is physically or mentally unable to attend school;

B. The student is attending a residential school operated by the Department of Social and Health Services;

C. The student’s parents have requested a temporary absence for purposes agreed to by the district and which will not cause a serious adverse effect on the student’s educational process;

D. The student is sixteen years of age, regularly and lawfully employed and either has parent permission or is emancipated pursuant to chapter 13.64 RCW;

E. The student has met graduation requirements;

F. The student has received a certificate of educational competence (GED).

Any law enforcement officer authorized to make arrests can take a truant child into custody without a warrant and must then deliver the child to the parent or to the school.

The district shall not require enrollment for either (a) a minimum number of semesters or trimesters or (b) a minimum number of courses in a semester or trimester which exceeds the enrollment time or courses necessary for a student to meet established course, credit, and test requirements for high school graduation.

Cross References:
Board Policy 3114 Part-time, Home-based, or Off-campus Students
Board Policy 2423 Student Achievement

Legal References:
AGO 1980 No. 6 Truancy–Enforcement of compulsory attendance law
RCW 28A.225.010 Attendance mandatory–Age–Persons having custody shall cause child to attend public school — When excused
RCW 28A.225.080 Employment permits
RCW 28A.225.090 Penalties in general–Defense–Suspension of fine—Complaints to court
WAC 180-51-020 Additional local standards

Adoption Date: 10/26/99
Raymond School District #116



3123—WITHDRAWAL PRIOR TO GRADUATION

Students age 16 or older identified by themselves or staff as potential dropouts shall become a focus of attention in the following manner:

A. Each student and his/her counselor shall meet for the purpose of discussing the reason for desiring to withdraw from school and the student’s plans for the future, including the educational, counseling and related services which are available within the school and/or community.

B. The counselor and the student’s teachers shall meet to discuss the student’s present status and to identify program modifications and/or options that will meet the student’s present and future needs.

C. The student, parent, counselor, and principal shall review all pertinent information and the options that are available to the student and his/her parents.

Reasonable efforts shall be made to persuade the student to remain in school and complete requirements for a diploma. If unsuccessful at that, staff shall attempt to find placement in an appropriate alternative educational setting. Failing that, the principal shall determine if there is sufficient ground to excuse the student from continued compulsory attendance. If there is, the principal shall recommend to the superintendent that the student be excused from further school attendance. No student under the age of 18 will be permitted to withdraw unless he or she is lawfully and regularly employed and either a parent agrees that the student should not be required to attend school, or the student has been emancipated in accordance with Chapter 13.64 RCW. No student under the age of 16 will be permitted to withdraw from further school attendance unless another exception to compulsory attendance has been met.

The board directs the superintendent to submit an annual early withdrawal report which outlines the age and grade level for each student, the reason(s) for leaving and any follow-up data that has been collected after the student has withdrawn.

Cross References:
Board Policy 2090 Program Evaluation
Board Policy 2108 Remediation Program
Board Policy 2121 Drug and Alcohol Use/Abuse Program
Board Policy 2140 Guidance and Counseling
Board Policy 3121 Compulsory Attendance

Legal References:
RCW 28A.225.010 Attendance mandatory–Age–Persons having custody shall cause child to attend public school–When excused.
RCW 28A.225.020 School’s duties upon juvenile’s failure to attend school

Adoption Date: 8/25/98
Raymond School District #116



3124—REMOVAL/RELEASE OF STUDENT DURING SCHOOL HOURS

The board recognizes its responsibility for the proper care of students during school hours. Students shall not be removed from school grounds, any school building or school function during school hours except by a person duly authorized in accordance with district procedures. Before a student is removed or excused, the person seeking to remove the student must present to the satisfaction of the superintendent or principal evidence of his/her proper authority to remove the student. A teacher should not excuse a student from class to confer with anyone unless the request is approved by the principal. The superintendent is directed to establish procedures for the removal of a student during school hours.

Prior to sending a student to his/her home for illness, discipline or a corrective action, the principal shall attempt to reach the student’s parent to inform him/her of the school’s action and to request that he/she come to the school for the child. If the principal cannot reach the parent, the student shall remain at school until the close of the school day. A student may be released to a law enforcement officer in accordance with the district policy.

Cross Reference:
Board Policy 3418 Emergency Treatment
Board Policy 4411 Relations with Law Enforcement, Child Protective Agencies and County Health Department

Legal Reference:
RCW 28A.605.010 Removing child from school grounds during school hours—Procedure

Adoption Date: 8/25/98
Raymond School District #116



3124P—REMOVAL OF STUDENT DURING SCHOOL DAY

Schools must exercise a high order of responsibility for the care of students while in school. The removal of a student during the school day may be authorized in accordance with the following procedures:

  • Law enforcement officers, upon proper identification, may remove a student from school without a warrant provided that the law enforcement officer signs a statement that he/she is removing the student from the school. Residential parents should be contacted as soon as possible when a student is taken into custody.
  • Any other agencies must have a written administrative or court order directing the school district to give custody to them. Proper identification is required before the student shall be released.
  • A student shall be released to the residential parent or the nonresidential parent, unless the residential parent provides the school with a certified copy of a court order restricting and/or prohibiting the student’s contact with the nonresidential parent. When in doubt as to who has custodial rights, school enrollment records must be relied upon as the parents (or guardians) have the burden of furnishing schools with accurate, up-to-date information.
  • The school should always make a reasonable effort to notify the residential parent before releasing the student to a nonresidential parent.
  • Prior written authorization from the residential parent or guardian is required before releasing a student into someone else’s custody unless an emergency situation justifies a waiver.
  • Police should be called if a visitor becomes disruptive or abusive.

State law requires that school personnel not remove, cause to be removed or allow to be removed a student from school grounds during school hours without the consent of the student’s parent or guardian, unless the employee is the student’s parent or guardian, the employee is providing bus transportation, the employee is supervising an extra-curricular activity and providing transportation for the student, or the student requires transportation for emergency medical care and the parent cannot be contacted. School security personnel may remove a student from school without parental authorization for disciplinary reasons, and anyone officially responding to a 911 emergency call may remove a student without prior parental authorization.

School personnel should exercise discretion as to whether the student shall be transported by ambulance or private automobile to a doctor or hospital in case of an emergency, (i.e. accident or illness when the school is unable to reach the parent or their authorized representative).

Adoption Date: 11/25/08
Raymond School District #116



3126—CHILD CUSTODY

The board of directors presumes that the person who enrolls a student in school is the residential parent of the student. The residential parent is responsible for decisions regarding the day-to-day care and control of student. Parents or legal guardians have rights to receive information contained in the school records concerning their child and to forbid or permit the disclosure of such information to others, subject to the authority granted to the residential parent.

The board, unless informed otherwise, assumes that there are no restrictions regarding the nonresidential parent’s right to be kept informed of the student’s school progress and activities. If restrictions are made relative to the above rights, the residential parent will be requested to submit a certified copy of the court order that curtails these right(s). If these rights are questioned by the nonresidential parent, the issue will be referred to law enforcement authorities for resolution.

Unless there are court-imposed restrictions, the nonresidential parent, upon request, will be given grade reports, notices of school activities, reports of disciplinary actions, or notices of teacher or principal conferences or summaries.

If there is a court order on file with the district that restricts and/or prohibits any parent or other person from contact with a student at school or picking up a student from school, then the district will not permit the student to visit with or be released to that parent, or other person.

Cross References:
Model Policy 2420 Grading and progress reports
Model Policy 3124 Removal/Release of Students During School Hours
Model Policy 3231 Student Records
Model Policy 4200 Safe and Orderly Learning Environment
Model Policy 310 Relations with Law Enforcement, Child Protective Agencies and County Health Department

Legal References:
CFR 45, Part 99 Family education rights and privacy act
RCW 13.34.200 Order terminating parent and child relationship
RCW 26.09.184 Permanent parenting plan

Management Resources:
Policy News, October 2008 Child Custody
Policy News, December 2008 Child Custody

Adoption Date: 12/16/08
Raymond School District #116
Technical Fix: 01/07/2013



3130—DISTRICT ATTENDANCE AREAS

The board of directors shall annually review the geographic attendance areas designated for each building in the district. As population and enrollment shifts within the district, changes in attendance areas or transfer of students may become necessary. By mid-May of each school year, the next year’s estimated enrollment should be forecast for each attendance area.

Students shall attend the school designated for their respective residential areas unless individual requests for transfers have been approved according to Policy 3131.

In those cases where estimated enrollments substantially exceed class size guidelines, student transfers shall be proposed in order to operate an effective and efficient educational program during the following year. The following factors shall be considered when the district develops attendance area boundaries and considers student transfers:

A. Minimizing disruption of students’ established learning programs.

B. Maintaining established neighborhood groupings.

C. Keeping siblings in the same elementary school.

D. Maintaining relationship with a middle school and/or high school attendance area.

E. Adjusting class loads to available space.

F. Coordinating transportation routes with attendance areas.

Prior to the implementation of any planned transfer of students, parents of students involved in such planned transfer shall be invited to a meeting at which the planned change shall be explained and discussed. An orientation to the new school shall be arranged for transferred students.

The district reserves the right to base final decisions on the needs of all schools in the district. When fall enrollments in an attendance area substantially exceed class size guidelines, students may be required to attend a school in another attendance area.

Cross References:
Board Policy 2210 Grade Organization
Board Policy 3131 District Attendance Area Transfers

Legal References:
RCW 28A.320.040 Bylaws for board and school government

Adoption Date: 8/25/98
Raymond School District #116



3131—DISTRICT ATTENDANCE AREA TRANSFERS

Each student in the district is required to attend the school designated for the geographic attendance area in which he or she resides.

A parent or guardian may request that his or her child be allowed to attend another school in the district. Requests must be submitted, in writing, to the principal of the building at which the student is currently assigned. Secondary students who request attendance area transfers are subject to the Washington Interscholastic Activities Association’s eligibility rules.

Transfers may be granted if:

A. A financial, educational, safety, or health condition affecting the student would be reasonably improved as a result of the transfer;

B. Attendance at another school in the district is more accessible to the parent’s place of work or to the location of child care; or

C. There is some other special hardship or detrimental condition affecting the student or the student’s immediate family which would be alleviated as a result of the transfer. Special hardship or detrimental condition includes, but is not limited to, the following:

A student who moves to a new attendance area in the district during the school year may elect to transfer at the time of the move or at the end of the semester or grading period. For a high school sophomore or junior, transfers may only be approved to coincide with the beginning of a new grading period. A senior may elect to finish the school year without transferring to a new school, but must declare his or her preference prior to the beginning of the last semester.

The principal of the currently-assigned school shall consult with the principal of the school to which the student desires to transfer to determine:

  1. Whether space is available in the grade level or classes at the building in which the student desires to be enrolled;
  2. Whether appropriate transportation, educational programs or services are available to improve the student’s condition as stated in requesting the transfer; and
  3. Whether the student’s transfer is likely to create a risk to the health or safety of other students or staff at the new building.

Parents shall be informed annually of the district’s attendance area transfer option. The district shall make available for public inspection the Superintendent of Public Instruction’s annual information booklet on enrollment options in the state at each school building, the central office and local public libraries.

Cross References:
Board Policy 3130 District Attendance Areas

Legal References:
RCW 28A.225.270 Intra-district enrollment options policies
RCW 28A.225.300
RCW 28A.225.290 Enrollment options information booklet

Adoption Date: 8/25/98
Raymond School District #116



3140—RELEASE OF RESIDENT STUDENTS

A student who resides within the boundaries of the district will be released to 1) attend another school district, or 2) enroll for ancillary services, if any, in another district as specified in the parental declaration of intent to provide home-based instruction, provided the other district agrees to accept the student if:

A. A financial, educational, safety or health condition affecting the student would be reasonably improved as a result of the transfer;

B. Attendance at the school in the nonresident district is more accessible to the parent’s place of work or to the location of child care;

C. There is some other special hardship or detrimental condition affecting the student or the student’s immediate family which would be alleviated as a result of the transfer. Special hardship or detrimental conditions include a student who becomes a resident of the district in mid-year. Such a student may apply for a release to complete the current school year only in his or her former district of residence, if transferring mid-year would create a special hardship or detrimental condition; or

D. The student is a child of a full-time certificated or classified school employee.

In all cases in which a resident student is released, the student or the student’s parent(s) will be solely responsible for transportation, except that a student may ride on an established district bus route if the superintendent determines that the district would incur no additional cost.

A parent or guardian will request the release of his/her child by completing the appropriate district form including the basis for the request and the signature of the superintendent, or his or her designee, of the school district which the student will attend.

The superintendent will grant or deny the request for release according to the above-stated criteria, and promptly notify the parent in writing of his/her decision.

If the request is granted, the superintendent will notify the nonresident district and make necessary arrangements for the transfer of student records.

If the request is denied, the superintendent will notify the parent of the right to petition the board, upon five school business days prior notice, for review of the decision and to have a hearing before the board at its next regular meeting. Following the hearing by the board, a final decision will be promptly communicated to the parent in writing.

If the request for release is denied by the board, the written decision will inform the parent or guardian of the right to appeal such decision to the superintendent of public instruction.

Each school district board of directors annually will inform parents of the district’s interdistrict enrollment options and parental involvement opportunities. Information on interdistrict acceptance policies will be provided to nonresidents on request. Providing online access to the information satisfies the requirements of this policy unless a parent or guardian specifically requests information to be provided in written form.

Legal References:
RCW 28A.225.220 Adults, children from other districts, agreements for attending school —Tuition
28A.225.225 Enrolling Children of Certificated and Classified School Employees
28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district — Procedure
28A.225.290 Enrollment options information booklet
28A.225.300 Enrollment options information to parents

Management Resources:
Policy News, June 2003 Enrolling Children of School Employees
Policy News, February 2001 Federal Budget Implicates Policy

Adoption Date: 02/23/12
Raymond School District #116



3141—NON-RESIDENT STUDENTS

Any student who resides outside the district may apply to attend a school in the district or file the parental declaration of the intent to provide home-based instruction and enroll for ancillary services, if any. All applications for nonresident attendance or home-based instruction will be considered on an equal basis. The district shall provide information on inter-district enrollment policies to nonresidents on request and have copies of the Superintendent of Public Instruction’s annual information booklet on enrollment options in the state available for public inspection at each school building, the central office and local public libraries.

A parent or guardian shall apply for admission on behalf of his or her child by completing the appropriate district application. The superintendent shall develop an application form which contains information including, but not limited to, the current legal residence of the child and the school district in which he or she is currently enrolled or receiving home-based instruction, the basis for requesting release from the resident district and the specific building and grade level (elementary) or course offerings (secondary) in which the student desires to be enrolled if accepted by the district.

The Superintendent will accept, reject or rescind an application for nonresident admission to the physical campus on a case by-case basis, based upon the following standards:

  1. Whether space is available in the grade level or classes at the building in which the student desires to be enrolled;
  2. Whether appropriate educational programs or services are available to improve the student’s condition as stated in requesting release from his or her district of residence; and
  3. Whether the student’s attendance in the district is likely to create a risk to the health or safety of other students or staff.
  4. Whether the district has already accepted as many nonresident students for the school year as possible without resulting in a financial hardship for the district.
  5. Whether the student’s disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior or gang membership (a gang means a group of three or more persons with identifiable leadership that on an ongoing basis regularly conspires and acts in concert mainly for criminal purposes).
  6. Whether the student has been expelled or suspended from a public school for more than ten consecutive days, in which case the student may apply for admission under the district’s policy for readmission of expelled students.
  7. Whether the student’s educational history indicates that he/she will be unsuccessful in the particular program of study requested, as determined by the school’s teachers, registrars, counselors and/or administrators. Pertinent factors may include, but are not limited to, attendance, reading level, discipline, motivation, etc..

In addition, the Superintendent will accept, reject or rescind an application for nonresident admission to any Alternative Learning Experience program on a case-by-case basis, based upon the following standards:

  • Whether the ALE student has more than three (3) consecutive unsatisfactory progress evaluations and there is no ALE course of study or another educational program offered by the district that would more appropriately meet the student’s educational needs.
  • Whether the ALE student’s parent failed to complete the enrollment process and contact with the parent could not be made to determine the educational choice for the student.
  • Whether the ALE student failed to attend any of the first 15 days of school and contact with the parent could not be made to determine if the educational choice for the student has changed.

A student who resides in a district that does not operate a secondary program shall be permitted to enroll in secondary schools in this district in accordance with state law and regulation relating to the financial responsibility of the resident district.

The superintendent in a timely manner shall provide all applicants with written notification of the approval or denial of the application. If the student is to be admitted, the superintendent shall notify the resident district and make necessary arrangements for the transfer of student records.

If the application is denied, the superintendent will notify the parent or guardian of the right to petition the board, upon five school business days prior notice, for review of the decision and to have a hearing before the board at its next regular meeting. Following the hearing by the board, a final decision shall be promptly communicated to the parent in writing.

The final decision of the district to deny the admission of a nonresident student may be appealed to the superintendent of public instruction or his or her designee.

Cross References:
Board Policy 3120 Enrollment
RCW 28A.225.220 Adults, children from other districts, agreements for attending school–Tuition
RCW 28A.225.240 Applications from nonresident students or students receiving home-based instruction to attend district school-Acceptance and rejection standards-Notification
RCW 28A.225.240 Apportionment of credit
RCW 28A.225.290 Enrollment options information booklet
RCW 28A.225.300 Enrollment options information to parents
WAC 392-137 Finance–Nonresident attendance
WAC 392-137-040 District policies–Procedures and criteria for release of resident students and admission of nonresident students
WAC 392-137-055 Appeal notice
OSPI Publication “Learning By Choice: Student Enrollment Options in Washington,” July 2014

Adoption Date: 12/18/14
Raymond School District #116



3142—INTERNATIONAL EXCHANGE STUDENTS

The board recognizes the value of student international exchange programs and/or the hosting of qualified foreign students. Such programs may be approved when admission of an international exchange student does not adversely impact the instructional program of the district. The superintendent is authorized to review and approve organizations which propose to offer a foreign/domestic travel-study program.

The superintendent is directed to develop procedures, including but not limited to: criteria for program sponsors, responsibilities of sponsors, enrollment standards including traffic safety courses, co-curricular participation, and graduation requirements.

Legal Reference:
RCW 28A.300.240 International Student Exchange
RCW 19.166 International Student Exchange

Adoption Date: 8/25/98
Raymond School District #116



3142P—INTERNATIONAL EXCHANGE STUDENTS

The following procedures shall be in effect:

Approval

A. An organization which wishes to sponsor a foreign and/or domestic travel-study program shall submit a request which provides a complete program description, including the name, address, and telephone number of the local representative.

B. Each request shall be reviewed by the appropriate building principal. Notification of approval or denial shall be issued in writing to the program representative not later than June 1.

C. Program sponsors shall pay for the student activity costs and/or fees as required by the district.

D. Sponsoring agencies will provide necessary student tutorial help.

E. All sponsoring organizations shall register with and meet the requirements of the State Secretary of State’s office.

F. A sponsoring organization may place a maximum of 5 international exchange students in any one school per year. This requirement does not preclude groups of students from making short term visitations as part of cultural or other exchanges.

G. Criteria and expectations for foreign exchange programs shall follow guidelines as established in the Handbook of Foreign Study/Travel, published by the State Superintendent of Public Instruction.

Operations

A. A student placement agreement shall be established between the district and host family prior to departure by the student from his/her home. The student’s cumulative records shall be forwarded to the district prior to the approval for admission.

B. The sponsoring organization must provide the following:

1. Evidence that the enrolling student is proficient in the English language.

2. Name, address and telephone number of the local program coordinator who shall provide for emergency, advisory, liaison and tutorial services.

3. A transcript (translated into English) of the student’s academic records.

4. Certification that the student will receive adequate financial support for the duration of his/her stay in the district.

5. Name, address and telephone number of the student’s host family within the district.

C. International foreign exchange students shall be included in any class ranking lists, and shall a GPA shall be computed for them.

D. Prior to enrollment, all students possessing a J-1 visa must present required paperwork (IAP-66-medical, transcript, host family information) to the school staff member designated to coordinate the exchange program.

E. An international foreign exchange student will be required to meet district and state graduation requirements in order to be eligible to receive a high school diploma.

F. A student is expected to comply with school policies and rules.

G. Eligibility of international foreign exchange students for participation in extra-curricular athletics, music, and forensics and other such activities, is determined by the rules and regulations of the Washington Interscholastic Activities Association.

H. Except for unusual circumstances, tutorial assistance will not be provided.

Adoption Date: 8/25/98
Raymond School District #116



3143—DISTRICT NOTIFICATION OF JUVENILE OFFENDERS

A court will notify the common school in which a student is enrolled if the student has been convicted, adjudicated, or entered into a diversion agreement for any of the following offenses: a violent offense, a sex offense, a firearms offense, inhaling toxic fumes, a drug offense, liquor offense, assault, kidnapping, harassment, stalking or arson. The principal must inform any teacher of the student and any other personnel who should be aware of the information. The information may not be further disseminated.

A student convicted, adjudicated, or entering into a diversion agreement for an assault, kidnapping, harassment, stalking, or arson against a teacher shall not be assigned to that teacher’s classroom during the duration or the student’s attendance at that school or any school to which the teacher is assigned. Neither shall the student be assigned to a classroom where another student who was his or her victim for the offense is enrolled.

The state department of social and health services will notify the board of directors in writing at least thirty days before a juvenile convicted of a violent offense, a sex offense or stalking is discharged, paroled, given authorized leave or otherwise released to reside in the district. The Department of Social and Health Services (DSHS) Sex Offender School Attendance Program assists with ensuring that juvenile sex offenders, committed to Juvenile Rehabilitation Administration (JRA), do not enroll in the same school as their victim or victims’ siblings. If there is a conflict in schools, DSHS program staff will work with JRA to have the offender moved to another school.

A community residential facility to which an adjudicated juvenile is transferred shall provide written notice of the offender’s criminal history to the district if the juvenile is attending school in the district while residing at the community residential facility.

Convicted juvenile sex offenders shall not attend a school attended by their adjudicated victims or a victim’s sibling. The offender and his or her parent or guardian shall be responsible for providing transportation or covering other costs related to the offender’s attendance at another school.

Cross References:
Board Policy 2161 Special Education and Related Services for Eligible Students
Board Policy 3140 Release of Resident Students
Board Policy 4315 Release of Information Regarding Sexual Offenders

Legal References:
RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement-provision of information to teachers and other personnel -Confidentiality
RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking—Notification of discharge, parole, leave release, transfer, or escape–To whom given–Definitions
RCW 28A.600.460 Classroom discipline–policies–classroom placement of student offenders—data on disciplinary actions

Management Resources:
Policy News, August 1997 Legislature addresses student discipline
Policy News, June 1999 School Safety Bills Impact Policy

Adoption Date: 12/21/10
Raymond School District #116



3144—RELEASE OF INFORMATION CONCERNING STUDENT SEXUAL AND KIDNAPPING OFFENDERS

The district recognizes its responsibility for the health and safety of all students, including students required to register as a sex or kidnapping offender enrolled within the district. Therefore, the board is desirous of taking appropriate precautionary measures in situations where the building principal has been advised by law enforcement officials that a student required to register as a sex or kidnapping offender is enrolling or is attending a school within the district.

Principal Responsibilities

Principals are required to respond to notification by local law enforcement and to disseminate information about students required to register as a sex or kidnapping offender to appropriate staff within the school based on the following offender levels:

A. Level I

Sex offenders are classified as Level I when their risk assessments indicate a low risk of reoffense within the community at large.

B. Level II

Sex offenders are classified as Level II when their risk assessments indicate a moderate risk of reoffense within the community at large.

C. Level III

Sex offenders are classified as Level III when their risk assessments indicate a high risk of reoffense within the community at large.

A principal receiving notice must disclose the information received as follows:

A. If the student who is required to register as a sex offender is classified as a risk Level II or III, the principal shall provide the information received to every teacher of any student required to register and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student’s record.

B. If the student who is required to register as a sex offender is classified as a risk Level I, the principal shall provide the information received to personnel who, in judgment of the principal, for security purposes, should be aware of the student’s record.

C. Students required to register as a kidnapping offender are not subject to leveling and therefore should be treated on a case-by-case basis.

The principal shall designate additional school personnel to be notified following consultation with probation/parole (or the student’s family if not on court supervision) in order to identify or recognize high-risk situations. The following staff should be considered: district superintendent or designee, adjacent building principals, appropriate administrative and teaching staff, security personnel, volunteers or paraprofessionals working in the student’s classrooms; and counselors, coaches, advisors, nurses, bus drivers, custodians, district daycare providers and playground supervisors that may have contact with the student.

Collaboration

The principal shall work with local law enforcement to coordinate the receipt of notifications regarding students registered as sex or kidnapping offenders. The principal or designee shall also consult and collaborate with department of corrections, juvenile justice staff, treatment providers, victim support groups, and families, as applicable, when working with students required to register as a sex or kidnapping offender.

Confidentiality

The principal and school staff will maintain confidentiality regarding these students, the same as all students in the school. Any written information or records received by a principal as a result of a notification are confidential and may not be further disseminated except as provided in state or federal law.

Immunity from Liability

Any school district or employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

Inquiries by the Public

Inquiries by the public at large (including parents and students), regarding students required to register as a sex or kidnapping offender are to be referred directly to local law enforcement. Law enforcement agencies receive relevant information about the release of sex and kidnapping offenders into communities and decide when such information needs to be released to the public.

Student Rights and Responsibilities

All students, including those students required to register as a sex or kidnapping offender, have a constitutional right to a public education. A student required to register as a sex or kidnapping offender is also required to notify law enforcement of their intent to enroll in school.

Written Procedures

The Superintendent or his designee shall adopt written procedures for school principals describing how they will disseminate information received from law enforcement with appropriate school personnel.

Cross Reference:
Board Policy 3143 District Notification of Juvenile Offenders
Board Policy 3120 Enrollment

Legal Reference:
RCW 4.24.550 Sex offenders — and kidnapping offenders — Release of information to public when authorized — Immunity
RCW28A.225.330 [4] Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules
RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking —Notification of discharge, parole, leave, release, transfer, or escape — To Whom given — School attendance — Definitions
RCW 72.09.345 Sex offenders — Release of information to protect public — End-of-sentence review committee — Assessment — Records access — Review, classification, referral of offenders — Issuance of narrative notices
RCW 9A.44.130(1)(e)(i)Registration of sex offenders and kidnapping offenders — Procedures — Definition — Penalties
RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement — Provision of information to teachers and other personnel — Confidentiality Family and Educational and Privacy Rights Act of 1994 (20 U.S. Code Section 1232g et.seq)
Art. IX, Section 1, Washington State Constitution

Management Resources:
Policy News, December 2006 Student Sex and Kidnapping Offender Notice Requirements

Adoption Date: 02/22/07
Raymond School District #116



3144P—RELEASE OF INFORMATION CONCERNING STUDENT SEXUAL AND KIDNAPPING OFFENDERS

Responsibilities

Principals are required by law to respond to notification by local law enforcement and to disseminate information. Principals may rely on the Office of Superintendent of Public Instruction (OSPI) Principal’s Notification Checklist for additional assistance.

Principals

Principals have responsibilities to develop a:

A. Relationship with local law enforcement (local sheriff’s office) agencies dealing with students required to register as a sex or kidnapping offender.

B. Procedure for acceptance of notifications from law enforcement (local sheriff’s office).

C. Procedure for notification of all teachers and appropriate staff regarding Level II or Level III students required to register as a sex or kidnapping offender attending the school/class.

D. Procedure for notifying teachers or staff of selected Level I students required to register as a sex or kidnapping offender.

E. Procedure to notify teachers and appropriate staff of their roles and responsibilities with respect to these students, including confidentiality, harassment, intimidation and bullying issues;

F. Protocol for responses to public inquiries about these students required to register as a sex or kidnapping offender, stressing confidentiality and FERPA rules; determine how district staff will be notified; and designate staff in charge of monitoring these students.

G. Procedure and protocol for safety planning to include student meetings, designing and monitoring student safety plans, implementing safeguards when students change schools or change sex offender levels or status with parole or probation.

H. Protocol of best practices for contacting district superintendent with a list of juvenile sex/kidnapping offenders when notification is received from law enforcement.

School Staff

Staff members are encouraged to be proactive and shall notify the principal or other appropriate personnel at the school if they observe any non-student sex offender on or near school grounds. Staff shall inform the principal or other appropriate personnel at the school of any suspected behavior or actions of students which may compromise the health, safety or well-being of students or staff. Staff shall be prepared to respond appropriately and effectively regarding reporting harassment, intimidation and bullying by either students or staff. It is the responsibility of staff to help all students be successful in school.

Students

It is the responsibility of students required to register as a sex or kidnapping offender to follow all rules and regulations of the school as outlined by the district in the student handbook, conduct themselves as defined in the student handbook and follow all stipulations as outlined in their individual Student Safety Plans.

Notifications

Notifications from local law enforcement (local sheriff’s office) that a student required to register as a sex or kidnapping offender is enrolled or attending school can come to the principal in a variety of methods including: email, U.S. mail or hand-delivery. Although currently there is no standard notification form statewide, the following items may be found on most notifications:

Offender name, address, sex, height, weight, hair and eye color, age, ethnicity, crime, sex offender level, convicting jurisdiction, neighborhood, proximity to schools and level descriptors.

Notification Lists

Upon receipt of notification, the principal or a designee shall review the list of students. The list shall be reviewed to determine which students are currently enrolled, currently attending school or are new to the school district and not yet enrolled.

Staff Notification

The following are the risk level classifications for sex offenders.

A. Level I

Sex offenders are classified as Level I when their risk assessments indicate a low risk of reoffense within the community at large.

B. Level II

Sex offenders are classified as Level II when their risk assessments indicate a moderate risk of reoffense within the community at large.

C. Level III

Sex offenders are classified as Level III when their risk assessments indicate a high risk of reoffense within the community at large.

A principal receiving notice must disclose the information received as follows:

A. If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal supervises the student or for security purposes should be aware of the student’s record.

B. If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received to personnel who in the judgment of the principal, for security purposes should be aware of the student’s record.

C. Students required to register as a kidnapping offender are not subject to leveling and therefore should be treated on a case by case basis.

Notifying Additional School Personnel For All Offender Levels

The principal shall designate additional school personnel to be notified following consultation with probation/parole (or the student’s family if not on court supervision) in order to identify or recognize high-risk situations. The following staff should be considered: district Superintendent or designee, appropriate administrative and teaching staff, school resource officers, adjacent building principals, security personnel, staff working directly in the student’s classrooms; and school counselors, school psychologists, coaches, advisors, school social workers, nurses, bus drivers, custodians, district daycare providers and playground supervisors that may have contact with the student.

Safety Planning

The principal shall complete safety planning with school staff, local law enforcement (local sheriff’s office), probation and parole, treatment providers, parents/guardians, care providers and child advocates, as appropriate, in order to provide a safe and secure environment for all students and staff. For safety planning to be effective, the district registrar shall finalize formal enrollments for students required to register as a sex or kidnapping offender within 2-3 days of their enrollment request.

Student Meetings

Within 10 (ten) working days of the student’s enrollment or earlier if possible, the principal or designee, working together with probation and parole professionals, shall meet with the student to create and implement a Student Safety Plan. The principal or designee shall determine other appropriate school personnel to be included in the meeting to assist in defining school expectations. The student’s parent/guardian or care provider may also be invited. The purpose for the meeting is to help the student be successful in their transition back to school and to provide a safe school environment for all.

Student Safety Plan

The principal or designee (and other school staff as applicable) in consultation with the parole counselor or probation officer (if under court supervision) shall create a student safety plan for each registered sex or kidnapping offender. The plan will outline the responsibilities of the student and other stakeholders to promote those activities deemed essential in safely managing the student’s behavior.

A. The Safety Plan shall outline conditions and/or limitations on each student required to register as a sex or kidnapping offender concerning their interactions on the school campus.

B. For students not under court supervision, the Student Safety Plan should be developed in conjunction with school staff in consultation with the student’s family/guardian or care provider.

C. The plan shall be based on the student’s needs and include guidelines for expected intervention actions for high-risk behaviors and reinforce positive behaviors.

D. Each plan shall be reviewed semi-annually by staff designated by the principal.

E. Plans shall be reviewed more often if high-risk behaviors have been identified.

Monitoring the Safety Plan

The Student Safety Plan shall be monitored and changes made on an “as-needed” basis by school staff.

A. School authorities should be prepared to take appropriate actions, especially if they notice an increase or escalation of a student’s high-risk behaviors, both for the short and long-term safety of the student required to register as a sex or kidnapping offender and all other students.

B. School staff shall report to the principal or designee and to law enforcement (local sheriff’s office) or other involved agencies (treatment providers, parole/probation) if they determine the student has not followed the plan.

C. Follow-through on the Student Safety Plan shall be consistent with existing disciplinary policies and procedures, student conduct policies and mandatory reporting policies.

Schools may develop school threat assessment teams and make referrals to those teams when students engage in inappropriate behaviors as defined in the Student Safety Plan.

When Students Move or Change Status

When a student changes schools within the district, the current principal shall notify the new principal and share the student records and safety plans with the new school. If the student’s sex offender status or probation or parole status changes, the principal shall notify the school staff as part of the schools safety planning.

Confidentiality

The principal and school staff will maintain confidentiality regarding these students the same as all students in the school. Any information received by a principal or school personnel as a result of a notification is confidential and may not be further disseminated except as provided in RCW 28A.225.330 and other statutes or case law and the Family and Educational and Privacy Rights Act of 1994 (FERPA) regulations (20 U.S. Code Section 1232g et. seq.). The Student Safety Plans shall only be shared with appropriate school personnel. School personnel shall report violations of plan expectations to the principal when they occur.

Inquiries by the Public

Community notification remains the responsibility of local law enforcement. Inquiries by the public at large (including parents and students), regarding students required to register as a sex or kidnapping offender are to be referred directly to local law enforcement (local sheriff’s office). Law enforcement agencies receive relevant information about the release of sexual and kidnapping offenders into communities, and decide when such information needs to be released to the public.

Immunity from Liability

Any school district employee who releases information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

Adoption Date: 02/22/07
Raymond School District #116



3200—RIGHTS AND RESPONSIBILITIES

Each year, the superintendent shall develop and make available to all students, their parents and staff handbooks pertaining to student rights, conduct, corrective actions and punishment. Such statements shall be developed with the participation of parents and the community. The school principal and staff shall confer at least annually to develop and/or review student conduct standards and the uniform enforcement of those standards as related to the established student handbooks. They shall also confer annually to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.

All students who attend the district’s schools shall comply with the written policies, rules and regulations of the schools, shall pursue the required course of studies, and shall submit to the authority of staff of the schools, subject to such corrective action or punishment as the school officials shall determine.

Legal References:
RCW 28A.600.010 Government of schools, pupils, employees, rules and regulations for—Due process guarantees–Enforcement
RCW 28A.600.020 Government of schools, pupils, employees optimum learning atmosphere
RCW 28A.600.040 Pupils to comply with rules & regulations
RCW 28A.400.110 Principal to assure appropriate discipline
RCW 28A.150.240 Basic Education Act of 1977–Certificated teaching and administrative staff as accountable for class room teaching—Scope–Responsibilities—Penalty
RCW 28A.405.060 Course of study and regulations Enforcement–Withholding salary warrant for failure
WAC 392-400-225 School district rules defining misconduct–Distribution of rules
WAC 392-168 Citizen Complaint Procedure for Certain Categorical Federal Programs

Adoption Date: 8/25/98
Raymond School District #116



3205—SAFETY AND CIVILITY IN SCHOOLS

Students and staff learn and work in schools that are free from violence, intimidation, threats, harassment and fear. Because of wise, consistent enforcement of the rules and ethical decision making by both youth and adults, the school environment is attractive to students and creates the most favorable conditions in which to learn.

STRUCTURE

1. Building Level: Creating an Orderly Environment for Learning

Each school community is unique to the adults and students who work and study in it. Therefore, each school shall develop a plan to promote safety and civility for all. The plan shall:

  1. Include the assessment of all aspects of the school facility, the daily schedule and the program of instruction and activities which identifies conditions that may pose a threat to the safety of staff, students and guests on campus;
  2. Respond to the opinions and concerns of students, parents, staff and the community in identifying goals and priorities for action;
  3. Establish goals for improvement, and identify how progress toward those goals will be assessed;
  4. Include both the district-level and consistent building rules, plus procedures and systems to be used to assure safe behavior at all times and the efforts to be made to promote ethical decision making by youth and adults; and
  5. Be approved by the superintendent, reviewed annually and reported to the Board annually.

2. District Level: Providing Leadership and Support for Orderly Schools

Each school’s capacity to implement its plan depends upon the district or leadership and support. The superintendent shall review and approve the schools’ plans and shall develop a long-range plan for the district to support those plans. The district plan shall give consideration:

  1. Identification of the financial and human resources needed to support the school plans;
  2. Conducting an audit of the district’s needs and accomplishments for review by the district’s school safety and civility committee composed of parents, students, staff and members of the community.
  3. Establishing regular communications and cooperative agreements with law enforcement organizations, social service agencies, and other groups in the community for the purpose of developing the community-wide capacity to support and reinforce the schools’ plans for safety and ethical decision making;
  4. Assisting each school regularly to survey student, parent, and others’ opinions both to help develop safety and civility plans and to measure progress; and
  5. Providing curricular and instructional support to the schools, enabling them to incorporate concerns for ethical decision making into the regular learning program.

The superintendent shall report to the Board annually regarding progress on matters of safety and civility in each school and throughout the district.

Adoption Date: 10/27/98
Raymond School District #116



3205P—SAFETY AND CIVILITY IN SCHOOLS

An information system shall be developed to enable each school and the district to assess progress toward their safety and civility goals. Data regarding incidents which significantly impair the safe environment of schools and how those incidents were resolved shall be kept and reported annually. Survey of student, staff, parent and community opinion shall be conducted regularly both to measure progress toward goals and to review and adjust plans and actions that promote safety and civility. The board shall schedule at least one meeting each year at which issues of safety and civility, the efforts of the schools and staff and the recommendations of the district school safety and civility committee are the primary focus of attention.

COMMUNITY ADVOCACY

A district safety and civility committee shall be formed to assist the district in assessing its needs and making recommendations to the board regarding plans and actions to promote safety and civility. The committee shall include staff, parents, students and community leaders with particular information or experience to contribute to the work of the committee. A specific task of the committee shall be to establish the range of corrective actions to be imposed for exceptional misconduct by students.

Schools shall involve students, staff and parents in the development of their plans to promote safety and civility. Polling, community meeting and participation in the meetings of other organizations shall be used to understand the public’s concerns and expectations and to explain the work of the district and schools to enhance safety and civility.

Each year the board shall devote one of its meetings to the needs, goals and progress being made with regard to safety and civility in the schools. The meeting is intended to summarize progress in the previous year and develop plans for the coming year. It is also intended to be a forum for discussion in order to continue the engagement of all who care about safety and civility in the schools.

Cross Reference:
Board Policy 3124 Release of Student During School Hours
Board Policy 3240 Student Conduct
Board Policy 3241 Classroom Management, Corrective Actions or Punishment
Board Policy 6510 Safety
Board Policy 6511 Staff Safety



3207—PROHIBITION OF HARASSMENT, INTIMIDATION AND BULLYING

The board is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers and community members that is free from harassment, intimidation or bullying. “Harassment, intimidation or bullying” means any intentionally written message or image — including those that are electronically transmitted — verbal, or physical act, including but not limited to one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation including gender expression or identity, mental or physical disability or other distinguishing characteristics, when an act:

A. Physically harms a student or damages the student’s property;

B. Has the effect of substantially interfering with a student’s education;

C. Is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment; or

D. Has the effect of substantially disrupting the orderly operation of the school.

Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation or bullying.

“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.

“Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).

Behaviors/Expressions

Harassment, intimidation or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.

This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of harassment, intimidation or bullying may still be prohibited by other district policies or building, classroom or program rules.

Training

This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers.

Prevention

The district will provide students with strategies aimed at preventing harassment, intimidation and bullying. In its efforts to train students, the district will seek partnerships with families, law enforcement and other community agencies.

Interventions

Interventions are designed to remediate the impact on the targeted student(s) and others impacted by the violation, to change the behavior of the perpetrator, and to restore a positive school climate.

The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies.  Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.

Students with Individual Education Plans or Section 504 Plans

If allegations are proven made that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE). The meeting should will occur regardless of whether the harassment, intimidation or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving a FAPE as a result of the harassment, intimidation or bullying incident, the district will provide all necessary additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.

Retaliation/False Allegations

Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying.

It is also a violation of district policy to knowingly report false allegations of harassment, intimidation, and bullying. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Compliance Officer

The superintendent will appoint a compliance officer as the primary district contact to receive copies of all formal and informal complaints and ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district.

The superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.

Cross References:
2161 – Special Education and Related Services for Eligible Students
3200 – Rights and Responsibilities
3210 – Nondiscrimination
3240 – Student Conduct
3241 – Classroom Management, Corrective Actions Or Punishment
5011 – Sexual Harassment

Legal References:
RCW 28A.300.285 Harassment, intimidation, and bullying prevention policies and procedures — Model policy and procedure — Training materials — Posting on web site — Rules — Advisory committee
WAC 392-190-059 Harassment, intimidation and bullying prevention policy and procedure – School districts.

Management Resources:
2014 – December Issue
Office for Civil Rights Dear Colleague Letter: Responding to Bullying of Students with Disabilities (OCR 10/21/2014)
2010 – December Issue
2008 – April Issue Policy News, April 2008 Cyberbullying Policy Required
2002 – April Issue Policy News, April 2002 Legislature Passes and Anti-Bullying Bill

Adoption Date: 2/26/15
Raymond School District #116



3207P—PROHIBITION OF HARASSMENT, INTIMIDATION AND BULLYING

1. Introduction

Raymond School District strives to provide students with optimal conditions for learning by maintaining a school environment where everyone is treated with respect and no one is physically or emotionally harmed.

In order to ensure respect and prevent harm, it is a violation of district policy for a student to be harassed, intimidated, or bullied by others in the school community, at school sponsored events, or when such actions create a substantial disruption to the educational process. The school community includes all students, school employees, school board members, contractors, unpaid volunteers, families, patrons, and other visitors. Student(s) will not be harassed because of their race, color, religion, ancestry, national origin, gender, sexual orientation, including gender expression or identity, mental or physical disability, or other distinguishing characteristics.

Any school staff who observes, overhears, or otherwise witnesses harassment, intimidation or bullying or to whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its reoccurrence.

2. Definitions

Aggressor is a student, staff member, or other member of the school community who engages in the harassment, intimidation or bullying of a student.

Harassment, intimidation or bullying is an intentional electronic, written, verbal, or physical act that:

  • Physically harms a student or damages the student’s property.
  • Has the effect of substantially interfering with a student’s education.
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment.
  • Has the effect of substantially disrupting the orderly operation of the school.

Conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.

Conduct that may rise to the level of harassment, intimidation and bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation or bullying.

Incident Reporting Forms may be used by students, families, or staff to report incidents of harassment, intimidation or bullying.

Retaliation is when an aggressor harasses, intimidates, or bullies a student who has reported incidents of bullying.

Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, classified staff, substitute and temporary teachers, volunteers, or paraprofessionals (both employees and contractors).

Targeted Student is a student against whom harassment, intimidation or bullying has allegedly been perpetrated.

3. Relationship to Other Laws

This procedure applies only to RCW 28A.300.285 – Harassment, Intimidation and Bullying prevention. There are other laws and procedures to address related issues such as sexual harassment or discrimination.

At least four Washington laws may apply to harassment or discrimination:

  • RCW 28A.300.285 – Harassment, Intimidation and Bullying
  • RCW 28A.640.020 – Sexual Harassment
  • RCW 28A.642 – Prohibition of Discrimination in Public Schools
  • RCW 49.60.010 – The Law Against Discrimination

The district will ensure its compliance with all state laws regarding harassment, intimidation or bullying. Nothing in this procedure prevents a student, parent/guardian, school or district from taking action to remediate harassment or discrimination based on a person’s gender or membership in a legally protected class under local, state, or federal law.

4. Prevention

1. Dissemination

In each school and on the district’s website the district will prominently post information on reporting harassment, intimidation and bullying; the name and contact information for making a report to a school administrator; and the name and contact information for the district compliance officer. The district’s policy and procedure will be available in each school in a language that families can understand.

Annually, the superintendent will ensure that a statement summarizing the policy and procedure is provided in student, staff, volunteer, and parent handbooks, is available in school and district offices and/or hallways, or is posted on the district’s website.

Additional distribution of the policy and procedure is subject to the requirements of Washington Administrative Code 392-400-226.

2. Education

Annually students will receive age-appropriate information on the recognition and prevention of harassment, intimidation or bullying at student orientation sessions and on other appropriate occasions. The information will include a copy of the Incident Reporting Form or a link to a web-based form.

3. Training

Staff will receive annual training on the school district’s policy and procedure, including staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form.

4. Prevention Strategies

The district will implement a range of prevention strategies including individual, classroom, school, and district-level approaches.

Whenever possible, the district will implement evidence-based prevention programs that are designed to increase social competency, improve school climate, and eliminate harassment, intimidation and bullying in schools.

5. Compliance Officer

The district compliance officer will:

  1. Serve as the district’s primary contact for harassment, intimidation and bullying.
  2. Provide support and assistance to the principal or designee in resolving complaints.
  3. Receive copies of all Incident Reporting Forms, discipline Referral Forms, and letters to parents providing the outcomes of investigations.
  4. Be familiar with the use of the student information system. The compliance officer may use this information to identify patterns of behavior and areas of concern.
  5. Ensure implementation of the policy and procedure by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough.
  6. Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training.
  7. Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis.
  8. In cases where, despite school efforts, a targeted student experiences harassment, intimidation or bullying that threatens the student’s health and safety, the compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student.

6. Staff Intervention

All staff members shall intervene when witnessing or receiving reports of harassment, intimidation or bullying. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of harassment, intimidation or bullying, may require no further action under this procedure.

7. Filing an Incident Reporting Form

Any student who believes he or she has been the target of unresolved, severe, or persistent harassment, intimidation or bullying, or any other person in the school community who observes or receives notice that a student has or may have been the target of unresolved, severe, or persistent harassment, intimidation or bullying may report incidents verbally or in writing to any staff member.

8. Addressing Bullying – Reports

Step 1: Filing an Incident Reporting Form

In order to protect a targeted student from retaliation, a student need not reveal his identity on an Incident Reporting Form. The form may be filed anonymously, confidentially, or the student may choose to disclose his or her identity (non-confidential).

Status of Reporter

a. Anonymous

Individuals may file a report without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Schools may identify complaint boxes or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific students or staff. (Example: An unsigned Incident Reporting Form dropped on a teacher’s desk led to the increased monitoring of the boys’ locker room in 5th period.)

b. Confidential

Individuals may ask that their identities be kept secret from the accused and other students. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report. (Example: A student tells a playground supervisor about a classmate being bullied but asks that nobody know who reported the incident. The supervisor says, “I won’t be able to punish the bullies unless you or someone else who saw it is willing to let me use their names, but I can start hanging out near the basketball court, if that would help.”)

c. Non-confidential

Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require that the district release all of the information that it has regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation. The district will, however, fully implement the anti-retaliation provision of this policy and procedure to protect complainants and witnesses.

Step 2: Receiving an Incident Reporting Form

All staff are responsible for receiving oral and written reports. Whenever possible staff who initially receive an oral or written report of harassment, intimidation or bullying shall attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of harassment, intimidation or bullying, no further action may be necessary under this procedure.

All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be recorded on a district Incident Reporting Form and submitted to the principal or designee, unless the principal or designee is the subject of the complaint.

Step 3: Investigations of Unresolved, Severe, or Persistent Harassment, Intimidation and Bullying

All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be investigated with reasonable promptness. Any student may have a trusted adult with them throughout the report and investigation process.

a. Upon receipt of the Incident Reporting Form that alleges unresolved, severe, or persistent harassment, intimidation or bullying, the school or district designee will begin the investigation. If there is potential for clear and immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.

b. During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of harassment, intimidation or bullying occur between the complainant and the alleged aggressor. If necessary, the district will implement a safety plan for the student(s) involved. The plan may include changing seating arrangements for the complainant and/or the alleged aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a safe person for the complainant; altering the alleged aggressor’s schedule and access to the complainant, and other measures.

c. Within two (2) school days after receiving the Incident Reporting Form, the school designee will notify the families of the students involved that a complaint was received and direct the families to the district’s policy and procedure on harassment, intimidation and bullying.

d. In rare cases, where after consultation with the student and appropriate staff (such as a psychologist, counselor, or social worker) the district has evidence that it would threaten the health and safety of the complainant or the alleged aggressor to involve his or her parent/guardian, the district may initially refrain from contacting the parent/guardian in its investigation of harassment, intimidation and bullying. If professional school personnel suspect that a student is subject to abuse and neglect, they must follow district policy for reporting suspected cases to Child Protective Services.

e. The investigation shall include, at a minimum:

1. An interview with the complainant;
2. An interview with the alleged aggressor;
3. A review of any previous complaints involving either the complainant or the alleged aggressor; and
4. Interviews with other students or staff members who may have knowledge of the alleged incident.

f. The principal or designee may determine that other steps must be taken before the investigation is complete.

g. The investigation will be completed as soon as practicable but generally no later than five (5) school days from the initial complaint or report. If more time is needed to complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.

h. No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee shall respond in writing or in person to the parent/guardian of the complainant and the alleged aggressor stating:

1. The results of the investigation;
2. Whether the allegations were found to be factual;
3. Whether there was a violation of policy; and
4. The process for the complainant to file an appeal if the complainant disagrees with results.
5. Because of the legal requirement regarding the confidentiality of student records, the principal or designee may not be able to report specific information to the targeted student’s parent/guardian about any disciplinary action taken unless it involves a directive that the targeted student must be aware of in order to report violations.

If a district chooses to contact the parent/guardian by letter, the letter will be mailed to the parent/guardian of the complainant and alleged aggressor by United States Postal Service with return receipt requested unless it is determined, after consultation with the student and appropriate staff (psychologist, counselor, social worker) that it could endanger the complainant or the alleged aggressor to involve his or her family. If professional school personnel suspect that a student is subject to abuse or neglect, as mandatory reporters they must follow district policy for reporting suspected cases to Child Protective Services.

If the incident cannot be resolved at the school level, the principal or designee shall request assistance from the district.

Step 4: Corrective Measures for the Aggressor

After completion of the investigation, the school or district designee will institute any corrective measures necessary. Corrective measures will be instituted as quickly as possible, but in no event more than five (5) school days after contact has been made to the families or guardians regarding the outcome of the investigation. Corrective measures that involve student discipline will be implemented according to district policy 3241, Classroom Management, Corrective Actions or Punishment. If the accused aggressor is appealing the imposition of discipline, the district may be prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.

If in an investigation a principal or principal’s designee found that a student knowingly made a false allegation of harassment, intimidation or bullying, that student may be subject to corrective measures, including discipline.

Step 5: Targeted Student’s Right to Appeal

1. If the complainant or parent/guardian is dissatisfied with the results of the investigation, they may appeal to the superintendent or his or her designee by filing a written notice of appeal within five (5) school days of receiving the written decision. The superintendent or his or her designee will review the investigative report and issue a written decision on the merits of the appeal within five (5) school days of receiving the notice of appeal.

2. If the targeted student remains dissatisfied after the initial appeal to the superintendent, the student may appeal to the school board by filing a written notice of appeal with the secretary of the school board on or before the fifth (5) school day following the date upon which the complainant received the superintendent’s written decision.

3. An appeal before the school board or disciplinary appeal council must be heard on or before the tenth (10th) school day following the filing of the written notice of appeal to the school board. The school board or disciplinary appeal council will review the record and render a written decision on the merits of the appeal on or before the fifth (5th) school day following the termination of the hearing, and shall provide a copy to all parties involved. The board or council’s decision will be the final district decision.

Step 6: Discipline/Corrective Action

The district will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, and/or referral to law enforcement.

Corrective measures for a student who commits an act of harassment, intimidation or bullying will be varied and graded according to the nature of the behavior, the developmental age of the student, or the student’s history of problem behaviors and performance. Corrective measures that involve student discipline will be implemented according to district policy 3241, Classroom Management, Corrective Actions or Punishment.

If the conduct was of a public nature or involved groups of students or bystanders, the district should strongly consider school-wide training or other activities to address the incident.

If staff have been found to be in violation of this policy and procedure, school districts may impose employment disciplinary action, up to and including termination. If a certificated educator is found to have committed a violation of WAC 181-87, commonly called the Code of Conduct for Professional Educators, OSPI’s Office of Professional Practices may propose disciplinary action on a certificate, up to and including revocation. Contractor violations of this policy may include the loss of contracts.

Step 7: Support for the Targeted Student

Persons found to have been subjected to harassment, intimidation or bullying will have appropriate district support services made available to them, and the adverse impact of the harassment on the student shall be addressed and remedied as appropriate.

9. Immunity/Retaliation

No school employee, student, or volunteer may engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of harassment, intimidation or bullying. Retaliation is prohibited and will result in appropriate discipline.

10. Other Resources

Students and families should use the district’s complaint and appeal procedures as a first response to allegations of harassment, intimidation and bullying. However, nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected class under local, state or federal law. An harassment, intimidation or bullying complaint may also be reported to the following state or federal agencies:

  1. OSPI Equity and Civil Rights Office
360.725.6162
Email: equity@k12.wa.us 
www.k12.wa.us/Equity/default.aspx
  2. Washington State Human Rights Commission
800.233.3247
www.hum.wa.gov/index.html
  3. Office for Civil Rights, U.S. Department of Education, Region IX
206.607.1600
Email: OCR.Seattle@ed.gov
www.ed.gov/about/offices/list/ocr/index.html
  4. Department of Justice Community Relations Service
877.292.3804
www.justice.gov/crt/
  5. Office of the Education Ombudsman
866.297-2597
Email: OEOinfo@gov.wa.gov
www.governor.wa.gov/oeo/default.asp
  6. OSPI Safety Center
360.725.6044

www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx

11. Other District Policies and Procedures

Nothing in this policy or procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of harassment, intimidation or bullying as defined herein, but which are, or may be, prohibited by other district or school rules.

Transgender Students Guidance

The principal or building administrator is encouraged to request a meeting with a transgender student and their parent/guardian upon the student’s enrollment in the district or in response to a currently enrolled student’s change of gender expression or identity. The goals of the meeting are to:

  • develop understanding of that student’s individual needs with respect to their gender  expression or identity, including any accommodations that the student is requesting or that the district will provide under state and federal law; and
  • develop a shared understanding of the student’s day-to-day routine within the school so as to foster a relationship and help alleviate any apprehensions the student may have with regard to their attendance at school.

The school may not require the student to attend a meeting as a condition of providing them with the protections to which they are entitled under this procedure and state and federal law regarding gender expression or identity.

Definitions/Terms

  • Gender Expression is how a person expresses their gender, often through behavior, emotional expression, mannerisms, dress, grooming, interests, and activities.
  • Gender Identity refers to one’s deeply felt internal sense of being female, or male, or both, or neither, regardless of their gender assigned at birth.
  • Gender Nonconforming describes a person whose gender expression differs from stereotypical expectations about how they should look or act based on the gender they were assigned at birth. This includes people who identify outside traditional gender categories or identify as both genders, or as gender neutral.
  • Biological Sex/Sex refers to a person’s internal and external anatomy, chromosomes, and hormones.
  • Transgender is a general term often used to describe a person whose gender identity and/or expression is different from that traditionally associated with the person’s gender assigned at birth.
  • Transitioning refers to the process in which a person goes from living and identifying as one gender to living and identifying as another.

Official Records

The District is required to maintain a permanent student record which includes the student’s legal name and the student’s gender. The District will change a student’s official records to reflect a change in legal name upon receipt of:

  • Documentation that the student’s legal name or gender has been changed pursuant to a court order or through amendment of state or federally-issued identification; or
  • A written, signed statement explaining that the student has exercised a common-law name change and has changed their name for all intents and purposes and that the change has not been made for fraudulent reasons.

Schools may change a student’s official gender designation upon parent or student request pursuant to the Office of the Superintendent of Public Instruction’s (OSPI’s) process found at http://www.k12.wa.us/cedars/CEDARSDataFormQA.aspx.

To the extent that the District is not legally required to use a student’s legal name and biological sex on school records or documents, the District should use the name and gender by which the student identifies. In situations where school employees are required by law to use or report a student’s legal name or gender, such as for standardized testing, school staff should adopt practices to avoid the inadvertent disclosure of the student’s transgender or gender nonconforming status.

Confidential Health or Educational Information

Information about a student’s gender status, legal name, or gender assigned at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Therefore, to ensure the safety and well-being of the student, school employees should not disclose a student’s transgender or gender nonconforming status to others, including the student’s parents and/or other school personnel, unless the school is (1) legally required to do so or (2) the student has authorized such disclosure.

Communication and Use of Names and Pronouns

An appropriate school employee will privately ask known transgender or gender nonconforming students how they would like to be addressed in class, in correspondence to the home, and at conferences with the student’s parent/guardian. That information will be included in the electronic student record system along with the student’s legal name in order to inform teachers and staff of the name and pronoun by which to address the student. When appropriate or necessary, this information will be communicated directly with staff to facilitate the use of proper names and pronouns. A student is not required to change their official records or obtain a court-ordered name and/or gender change as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity.

When communicating with transgender or gender nonconforming students regarding particular issues such as conduct, discipline, grades, attendance or health, school employees will focus on the conduct or particular issues rather than making assumptions regarding the student’s actual or perceived gender identity. When communicating with parents of transgender or gender nonconforming students, school employees will refrain from the use of gender pronouns and refer to the student by name whenever practicable. The district will not condone the intentional and persistent refusal to respect a student’s gender identity, or inappropriate release of information regarding a student’s transgender status.

Restroom Accessibility

Students will be allowed to use the restroom that corresponds to the gender identity they assert at school. No student will be required to use a restroom that conflicts with his or her gender identity.

Locker Room Accessibility

Use of locker rooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities and ensuring the student’s safety. In most cases, the district should provide the student access to the locker room that corresponds to the gender identity they assert at school. Reasonable alternatives to locker room conditions include, but are not limited to:

use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health office restroom);
a separate changing schedule (i.e., utilizing the locker room before or after the other students.
Any alternative to locker room conditions will be provided in a manner that allows the student to keep his or her transgender or gender nonconforming status private. No student, however, will be required to use a locker room that conflicts with his or her gender identity.

Sports and Physical Education Classes

The District will provide all students, including students, the opportunity to participate in physical education and athletic programs/opportunities in a manner that is consistent with their gender identity.

A student may seek review of his or her eligibility for participation in interscholastic athletics by working through the Gender Identity Participation procedure set forth by the Washington Interscholastic Activities Association (WIAA).

Dress Codes

The District will allow students to dress in a manner that is consistent with their gender identity and/or gender expression within the constraints of the dress codes adopted at their school site and within the constraints of the District guidelines for dress as they relate to health and safety issues (e.g., prohibitions on wearing gang-related apparel). School dress codes will be gender-neutral and will not restrict a student’s clothing choices on the basis of gender.

Other School Activities

In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips), students will be permitted to participate in accordance with the gender identity they assert at school. Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.

Training and Professional Development

When possible, the District will conduct staff training and ongoing professional development in an effort to build the skills of all staff members to prevent, identify and respond to harassment and discrimination. The content of such professional development should include, but not be limited to:

A. Terms and concepts related to gender identity, gender expression, and gender diversity in children and adolescents;

B. Appropriate strategies for communicating with students and parents about issues related to gender identity and gender expression, while protecting student privacy;

C. Strategies for preventing and intervening in incidents of harassment and discrimination, including cyber-bullying;

D. District and staff responsibilities under applicable laws and district policies regarding harassment, discrimination, and gender identity and expression issues.

Discrimination and Harassment Complaints

Discrimination and harassment on the basis of sex, sexual orientation, or gender identity or expression are prohibited within the district. It is the responsibility of each school, the District and all staff to ensure that all students, including transgender and gender non-conforming students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the district’s Civil Rights Compliance Coordinator.

Complaints alleging discrimination or harassment based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination and/or harassment complaints. This includes investigating the incident and taking age and developmentally-appropriate corrective action. Anyone may file a complaint alleging a violation of this policy using the complaint process outlined in the district’s Nondiscrimination Procedure 3210P.

Washington State Harassment, Intimidation or Bullying (HIB)

Incident Reporting Form

Reporting person (optional): _________________________________________________________

Targeted student: ___________________________________________

Your email address (optional): _________________________________________________________

Your phone number (optional): ________________________________

Today’s date: ______________________________________________

Name of school adult you’ve already contacted (if any): _________________________________________________________

Name(s) of bullies (if known): _________________________________________________________

On what dates did the incident(s) happen (if known): _________________________________________________________

Where did the incident happen? Circle all that apply.

Classroom Hallway Restroom Playground Locker room Lunchroom

Sport field Parking lot School bus Internet Cell phone

During a school activity Off school property On the way to/from school

Other (Please describe.) _____________________________________________________________

Please note below what best describes what the bully did. Please choose all that apply.

___Hitting, kicking, shoving, spitting, hair pulling or throwing something at the student

___Getting another person to hit or harm the student

___Teasing, name calling, making critical remarks or threatening in person, by phone, by e-mail, etc.

___Putting the student down and making the student a target of jokes

___Making rude and/or threatening gestures

___Excluding or rejecting the student

___Making the student fearful, demanding money or exploiting

___Spreading harmful rumors or gossip

___Cyber bullying (bullying by calling, texting, emailing, web posting, etc.)

___Other

If you select other, please describe: ___________________________________________________________________________

Why do you think the harassment, intimidation or bullying occurred?

___________________________________________________________________________

Were there any witnesses? Yes No If yes, please provide their names:

___________________________________________________________________________

___________________________________________________________________________

Did a physical injury result from this incident? If yes, please describe.

___________________________________________________________________________

Was the target absent from school as a result of the incident? Yes No

If yes, please describe ___________________________________________________________________________

Is there any additional information?

___________________________________________________________________________

___________________________________________________________________________

Thank you for reporting!

Please submit to the District Office.

—————————————————For Office Use——————————————-

Received by: _______________________________________________________________

Date received: _______________________________________________________________

Action taken: _______________________________________________________________

Parent/guardian contacted: _____________________________________________________

Circle one: Resolved Unresolved

Referred to: ________________________________________________________________

 

BUILDING A TARGETED STUDENT SAFETY PLAN TEMPLATE

Definitions & Guidance:

Our school provides a safe and secure learning environment that is free from of harassment, intimidation or bullying (HIB). Especially vulnerable students who have been the alleged targets of HIB may need special protection to ensure their emotional and physical safety is secure during investigations and/or after sanctions have been imposed on aggressor students.

This safety plan template raises key issues for you to consider to assist in the protection of a vulnerable student and in the writing of a safety plan. It is understood that each situation is different and that additional considerations may be included.

The Student Safety Plan will be completed by adults who are committed to the student’s success; such groups may be formal or informal. Team members might include the student’s teachers, principal, parents, a Care Team, Student Intervention Team (SIT), 504 Implementation Team, Multidisciplinary Intervention Team (MDT), or HIB Prevention-Intervention Team, depending circumstances. Once the team has developed the plan, the principal or his/her designee will see that it is implemented with the student and his/her family. The principal will also share this plan with all necessary school staff. The classroom teachers will leave a copy of the plan for any substitute teachers who come in.

The plan involves two components: the actions school staff will engage in and the actions the student will engage in. The plan has a definite start and a proposed end date. It is meant to cover the entire school day; from the time a student boards a bus in the morning until he/she departs the bus at the end of the day. The targeted student needs to be safe during before-school and after-school activities, and protected from any new bullying done by others in support of the initial aggressor or in retaliation for reporting or discipline actions.

The plan designates a Primary Staff Contact for the targeted student. This person might be the staff person to whom the student first reported the HIB, or with whom the student feels most comfortable. It might also be his/her homeroom teacher, counselor or another classroom teacher.

It is the intent of this plan that it be carried out in a way which is minimally intrusive. School layout, passing times, grade levels and configurations and availability of staff may impact the plan. It will be necessary to adapted to the building. For example, if there are locations that are known to be particularly dangerous for the student, those areas need to be identified and monitored. (An additional template is available which more closely fit the needs of primary grades.)

HIB – Targeted Student Safety Plan

Student’s Name:___________________________________________________________

Primary Staff Contact : ______________________________________________________

Classroom/Homerooom Teacher: ______________________________________________ Grade Level: _______ Room Number:__________

Plan start date:___________________________ Proposed End date: ___________________

Check as appropriate; it is unlikely that all options will be used in any one plan.

A. School/Staff:

1. All school staff will be apprised of this safety plan and will make every effort to implement it successfully.

2. Any school staff who witness or are otherwise made aware of any harassing, intimidating or bullying behavior directed toward the student will intervene immediately and will report such behavior to the principal.

3. Classroom and Passing Times:

Mr./Mrs. ________________________________ will be designated as the student ‘s primary point of contact (trusted adult) on staff.

Mr./Mrs. __________________________________, the classroom teacher, will keep the student and his/her aggressor separated in the classroom and during class activities.

Classroom teachers will keep the student and his/her aggressor separated in the classroom and during class activities

Our school security officer (or other appropriate staff member) will be visible in the hall and will monitor the student during all passing times.

Mr./Mrs. ___________________________________ is designated as the student’s recess monitor and will be visible and available during recess.

4. The student will visit our school counselor (nurse / principal / AP) on a daily basis at an agreed upon time to ensure that the plan is working. If the student does not or cannot visit this person at that time, the designated person will locate and check with the student.

5. The bus driver will be instructed to intervene immediately and to report any bus incidents immediately to the school principal.

6. The school will immediately report any harassing, intimidating or bullying behavior which it is made aware of to the student ‘s parents.

7. Other: __________________________________________________________

B. The Targeted Student:

1. The student will not have face to face contact or online contact with the aggressor while this plan is in effect.

2. The school counselor and the student will identify a friend or friends with whom he/she feels safe.

3. The student will remain as close to the trusted friend(s) as is reasonable during the school day.

4. The student will visit the school counselor (nurse / principal / AP) on a daily basis at ________o’clock to check in to see that the plan is working.

5. The student will share all passwords and will ‘friend’ his/her parents on all social networking sites so that they can monitor for any adverse online experiences. (NB: The student will not ‘friend’ teachers or other school staff.)

6. The student will report any breach of this plan to his/her parents, designated trusted adult, teacher, or other staff person immediately

7. The student will also report any such behavior which occurs as a result of this plan off campus and/or outside of the regular school day.

8. Other: ______________________________________________________________ .

Parents/Family:

  1. Parents and other family members agree to monitor and support the student with this Safety Plan, monitor the student’s use of technologies, and contact school if the problem persists.
  2. Parents are welcome to contact the school at any time to check on the effectiveness of the plan.

If threats and harassment continue and/or escalate, law enforcement may be called in.

This plan is in place from _____________________________ through __________________, at which time it will be reviewed, revised or continued, if necessary.

We agree to the Safety Plan as stated above. ___________________________________ Student _______________________________________________________________

Parent_________________________________________________________________

Principal ______________________________________________________________ Date___________________________________________________________________

Completed / Modified / Extended: ________________________________________________(Date)



3209‑Sexual Harassment of Students Prohibited

This district is committed to a positive and productive education free from discrimination, including sexual harassment. This commitment extends to all students involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation or at a class or school training held elsewhere.

Definitions

For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature.  Sexual harassment can occur adult to student, student to student or can be carried out by a group of students or adults and will be investigated by the District even if the alleged harasser is not a part of the school staff or student body.  The district prohibits sexual harassment of students by other students, employees or third parties involved in school district activities.

Under federal and state law, the term “sexual harassment” may include:

  • acts of sexual violence;
  • unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;
  • unwelcome sexual advances;
  • unwelcome requests for sexual favors;
  • sexual demands when submission is a stated or implied condition of obtaining an educational benefit;
  • sexual demands where submission or rejection is a factor in an academic, or other school-related decision affecting an individual.

A “hostile environment” has been created for a student when sexual harassment is sufficiently serious to interfere with or limit the student’s ability to participate in or benefit from the school’s program. The more severe the conduct, the less need there is to demonstrate a repetitive series of incidents.  In fact, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe, violent, or egregious.

Investigation and Response

If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation.  If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and as appropriate, remedy its effects. The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the district, either formally or informally.  The district will take these steps every time a complaint, alleging sexual harassment comes to the attention of the district, either formally or informally.

Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.

Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in school district activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.

It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Staff Responsibilities

The superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy.

Any school employee who witnesses sexual harassment or receives a report, informal complaint, or written complaint about sexual harassment is responsible for informing the district Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.

Reports of discrimination and discriminatory harassment will be referred to the district’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.

Notice and Training

The superintendent will develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be posted in each district building in a place available to staff, students, parents, volunteers and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduced in each student, staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Policy Review

The superintendent will make an annual report to the board reviewing the use and efficacy of this policy and related procedures.  Recommendations for changes to this policy, if applicable, will be included in the report.  The superintendent is encouraged to involve staff, students, volunteers and parents in the review process.

Cross References:
3207 – Prohibition of Harassment, Intimidation and Bullying
3210 – Nondiscrimination
3211 – Transgender Students
3240 – Student Conduct Expectations and Reasonable Sanctions
3241 – Classroom Management, Discipline and Corrective Action
5010 – Nondiscrimination and Affirmative Action
5011 – Sexual Harassment of District Staff Prohibited

Legal References:
20 U.S.C. 1681-1688
WAC 392-190-058 Sexual harassment
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies

Management Resources:
2015 – July Policy Alert
2014 – December Issue
2010 – October Issue

Adoption Date: 10/22/15
Raymond School District #116
Technical Fix 10/26/17



3209P‑Sexual Harassment of Students Prohibited

The procedure is intended to set forth the requirements of Policy 3209, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations.  If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.

This procedure applies to sexual harassment (including sexual violence) targeted at students carried out by other students, employees or third parties involved in school district activities.  Because students can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC.

Notice

  • Information about the district’s sexual harassment policy will be easily understandable and conspicuously posted throughout each school building, be reproduced in each student, staff, volunteer and parent handbook.
  • In addition to the posting and reproduction of this procedure and Policy 3209, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at the district office 1016 Commercial Street, Raymond WA 98577.

Staff Responsibilities

  • In the event of an alleged sexual assault, the school principal will immediately inform: 1) the Title IX/Civil Rights Compliance Coordinator so that the district can appropriately respond to the incident consistent with its own grievance procedures; and 2) law enforcement.
  • The principal will notify the targeted student(s) and their parents/guardians of their right to file a criminal complaint and a sexual harassment complaint simultaneously.

Confidentiality

  • If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the superintendent.
  • The superintendent should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
  • If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.

Retaliation

Title IX prohibits retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.

Informal Complaint Process

Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal reports may be made to any staff member.  Staff will always notify complainants of their right to file a formal complaint and the process for same. Staff will also direct potential complainants to the Title IX coordinator in the District Office. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.

During the course of the informal complaint process, the district will take prompt and effective steps reasonably calculated to end any harassment and to correct any discriminatory effects on the complainant.  If an investigation is needed to determine what occurred, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation (e.g., allowing the complainant to change academic or extracurricular activities or break times to avoid contact with the alleged perpetrator).

Informal remedies may include:

  • An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
  • A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;
  • A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant;
  • Developing a safety plan;
  • Separating students; or
  • Providing staff and/or student training

Informal complaints may become formal complaints at the request of the complainant, parent/guardian, or because the district believes the complaint needs to be more thoroughly investigated.

The district will inform the complainant and their parent/guardian how to report any subsequent problems.  Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems.  Follow-up inquiries will follow a timeline agreed to by the district and complainant.

Formal Complaint Process

Level One – Complaint to District

Anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized. At any level in the formal complaint process, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation.

The following process will be followed:

Filing of Complaint

  • All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The Title IX Coordinator may draft the complaint based on the report of the complainant for the complainant to review and approve. The superintendent or Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant’s interest in filing a formal complaint.
  • The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint.  However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005.
  • Complaints may be submitted by mail, fax, e-mail or hand-delivery to the district Title IX Coordinator in the District Office, 1016 Commercial Street, Raymond, WA, 360-942-3415. Any district employee who receives a complaint that meets these criteria will promptly notify the Coordinator.

Investigation and Response

  • The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment or information in the coordinator’s possession that they believe requires further investigation. The Coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Coordinator will provide the complainant a copy of this procedure.
  • Investigations will be carried out in a manner that is adequate in scope, reliable and impartial.  During the investigation process, the complainant and accused party or parties, if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complainants and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation. When the investigation is completed, the Coordinator will compile a full written report of the complaint and the results of the investigation.

Superintendent Response

  • The superintendent will respond in writing to the complainant and the alleged perpetrator within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit.  In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date.  At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.
  • The response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) a statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed ; 3) if sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; 4) notice of the complainant’s right to appeal to the school board and the necessary filing information; and 5) any corrective measures the district will take, remedies for the complainant (e.g., sources of counseling, advocacy and academic support), and notice of potential sanctions for the perpetrator(s) (e.g., discipline).
  • The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named party or parties, the coordinator will provide the accused party or parties with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.
  • Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent’s mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.
  • The district will inform the complainant and their parent/guardian how to report any subsequent problems.  Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems.  Follow-up inquiries will follow a timeline agreed to by the district and complainant.

Level Two – Appeal to Board of Directors

Notice of Appeal and Hearing

  • If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors , by filing a written notice of appeal with the secretary of the board within ten (10)  calendar days following the date upon which the complainant received the response.
  • The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause.
  • Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material.

Board Decision

  • Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision.
  • The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act.
  • The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.

Level Three – Complaint to the Superintendent of Public Instruction

Filing of Complaint

  • If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.
  • A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause.  Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
  • A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.

Investigation, Determination and Corrective Action

  • Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board.
  • Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified.  The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
  • All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension.  If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.
  • A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint.  OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

Level Four – Administrative Hearing

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

Other Complaint Options

Office for Civil Rights (OCR), U.S. Department of Education

OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination.

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr

Washington State Human Rights Commission (WSHRC)

WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov

Mediation

At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation.  The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties.  It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures.

Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding.  The agreement must be signed by the complainant and a district representative who has authority to bind the district.

Training and Orientation

A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure.

Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.

As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:

  • Demands for sexual favors in exchange for preferential treatment or something of value;
  • Stating or implying that a person will lose something if he or she does not submit to a sexual request;
  • Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
  • Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person’s appearance, gender or conduct;
  • Using derogatory sexual terms for a person;
  • Standing too close, inappropriately touching, cornering or stalking a person; or
  • Displaying offensive or inappropriate sexual illustrations on school property.

Policy and Procedure Review

Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The compliance officer will be included in the committee. Based on the review of the committee, the superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.



3210‑NONDISCRIMINATION

The district will provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without discrimination based on race, religion, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, gender expression or identity, marital status, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability.  The district will provide equal access to school facilities to the Boy Scouts of America and all other designated youth groups listed in Title 36 of the United States Code as a patriotic society.  District programs will be free from sexual harassment. Auxiliary aids and services will be provided upon request to individuals with disabilities.

Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the district’s course offerings; educational programming or any activity will not be tolerated.  When a district employee knows, or reasonably should know, that such discriminatory harassment is occurring or has occurred, the district will take prompt and effective steps reasonably calculated to end the harassment, prevent its recurrence and remedy its effects.

The district’s nondiscrimination statement will be included in all written announcements, notices, recruitment materials, employment applications, and other publications made available to all students, parents, or employees.  The statement will include: 1) notice that the district will not discriminate in any programs or activities on the basis of any of the above-listed categories; 2) the name and contact information of the district’s compliance officer designated to ensure compliance with this policy; and 3) the names and contact information of the district’s Section 504 and Title IX compliance officers.

The district will annually publish notice reasonably calculated to inform students, students’ parents/guardians (in a language that they can understand, which may require language assistance), and employees of the district’s discrimination complaint procedure.

The superintendent will designate a staff member to serve as the compliance officer for this policy.  The compliance officer will be responsible for investigating any discrimination complaints communicated to the district.

The district will provide training to administrators and certificated and classroom personnel regarding their responsibilities under this policy and to raise awareness of and eliminate bias and discrimination based on the protected classes identified in this policy.

Cross References:
4217 – Effective Communication
4260 – Use of School Facilities
3211 – Transgender Students
2151 – Interscholastic Activities
2150 – Co-Curricular Program
2140 – Guidance and Counseling
2030 – Service Animals in Schools
2020 – Course Design, Selection and Adoption of Instructional Materials

Legal References:
Chapter 28A.640 RCW Sexual equality
Chapter 28A.642 RCW Discrimination prohibition
Chapter 49.60 RCW Discrimination — Human rights commission
WAC 392-190-020 Training—Staff responsibilities—Bias awareness
WAC 392-190-060 Compliance – School district designation of responsible employee – Notification
WAC 392-400-215 Student rights
20 U.S.C. 7905 Boy Scouts of American Equal Access Act
42 U.S.C. 12101-12213 Americans with Disabilities Act

Management Resources:
2016 – March Issue
2014 – December Issue
2013 – April Issue
2012 – December Issue
2011 – June Issue
Policy News, August 2007 Washington’s Law Against Discrimination

Adoption Date: 5/26/16
Raymond School District #116



3210P—PROCEDURE NONDISCRIMINATION

Anyone may file a complaint against the district alleging that the district has violated anti-discrimination laws. Students, and/or parents/guardians, staff or other individuals acting on behalf of students of the district are eligible to participate in this complaint procedure. This complaint procedure is designed to assure that the resolution of real or alleged violations are directed toward a just solution that is satisfactory to the complainant, the administration and the board of directors. This grievance procedure will apply to the general conditions of the nondiscrimination policy (Policy 3210) and more particularly to policies dealing with guidance and counseling (Policy 2140), co-curricular program (Policy 2150), service animals in schools (Policy 2030) and curriculum development and instructional materials (Policy 2020). As used in this procedure:

A. “Grievance” will means a complaint which has been filed by a complainant (a student, an employee, a parent or guardian) relating to alleged violations of any state or federal anti-discrimination laws. and

B. “Complaint” will means a written, signed charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. A respondent will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

C. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.

D. Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance.

Informal Process for Resolution

Anyone with an allegation of discrimination may request an informal meeting with the compliance officer or designated employee to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve the issue at this meeting, the complainant may submit a written complaint to the compliance officer. During the course of the informal process, the district must notify complainant of their right to file a formal complaint.

A. Level One Formal Process for Resolution—Complaint to District

The complaint must be written and must be signed by the complainant and set forth the specific acts, conditions or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. The compliance officer will shall investigate the allegations set forth within 30 calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation.

The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation.

The superintendent or designee will shall respond in writing to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.

The decision response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the district has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the district deems necessary to correct it; and 4) notice of the complainant’s right to appeal to the school board, and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. The response will identify where and to whom the appeal must be filed.

The superintendent’s written response shall state that the district either:

  1. Denies the allegations contained in the written complaint received by the district;
or
  2. Shall implement reasonable corrective measures to eliminate any such act, condition, or circumstance within the school district.

Any corrective measures deemed necessary shall be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the complainant.

B. Level Two – Appeal to the Board of Directors

If a complainant disagrees with the superintendent’s written decision or if the superintendent fails to respond, the complainant may appeal the decision to the district board of directors by filing a written notice of appeal with the secretary of the board within ten (10) by the tenth calendar days following the date upon which the complainant received the response, or the expiration of the 30-calendar day response period stated in Level One, whichever occurs first.

The board shall schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties shall be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The board will render a written decision by the tenth calendar day following the termination of the hearing and will provide a copy to the complainant, unless otherwise agreed to by the complainant and the superintendent or for just cause. The decision response of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.

C. Level Three – Complaint to the Superintendent of Public Instruction

If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.

A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.

A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.

Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

D. Level Four – Administrative Hearing

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

E. Mediation

At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be sued to deny or delay a complainant’s right to utilize the complaint procedures.

Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.

Preservation of Records

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, will be retained in the office of the compliance officer for a period of six years.



3220‑FREEDOM OF EXPRESSION

The free expression of student opinion is an important part of education in a democratic society. The district encourages students’ verbal and written expression of opinion on school premises so long as it does not substantially disrupt the operation of the school or otherwise violate this policy. Students are expressly prohibited from the use of vulgar and/or offensive terms in classroom or assembly settings.

Student Publications
Student publications produced as part of the school’s curriculum or with the support of the associated student body fund are intended to serve both as vehicles for instruction and student communication. Although substantively financed and operated by the district, student editors of school-sponsored media are responsible for determining the news, opinion, feature, and advertising content of the media, consistent with chapter 28A.600 RCW. Material appearing in such publications may reflect various areas of student interest, including topics about which there may be controversy and dissent. When engaging with a controversial issue, student publications should strive to provide in-depth treatment and represent a variety of viewpoints. Such materials may not:

• Be libelous or slanderous;
• Be an unwarranted invasion of privacy;
• Be obscene or profane, such that it would violate federal or state laws, rules or regulations or incites others to violate federal or state laws, rules or regulations, including the standards established by the federal communications act or applicable federal communication commission rules or regulations;
• Cause a substantial disruption of the school;
• Violate district policy or procedure related to harassment, intimidation, bullying, or related to the prohibition on discrimination pursuant to RCW 28A.642.010.
• Violate federal or state laws, rules, regulations, or advocate the violation of such laws; or
• Advertise tobacco products, liquor, illicit drugs, or drug paraphernalia.

The superintendent will develop guidelines, assuring that students are able to exercise freedom of expression so long as it does not present a material and substantial disruption of the orderly operation of the school, implementing the standards above, and establishing procedures for the prompt review of any materials that appear not to comply with the standards.

Distribution of Materials
Students and district staff may distribute student publications or other materials on school premises in accordance with procedures developed by the superintendent. Such procedures may impose limits on the time, place, and manner of distribution including prior authorization for the posting of such material on school property.

Students responsible for the distribution of material that leads to a substantial disruption of school activity or otherwise interferes with school operations will be subject to corrective action, including suspension or expulsion, consistent with student discipline policies.

A person who is neither a student nor a district employee will distribute materials on school grounds.

Cross References: 3241 – Classroom Management, Discipline and Corrective Action
2340 – Religious-Related Activities and Practices

Legal References: RCW 28A.600
WAC 392-400-215 Student rights
Laws of 2018, ch. 125, Student Freedom of Expression

Management Resources:
2018 – May Issue
2015 – July Policy Alert
Policy News, August 2001 A Few Civil Liberty Reminders

Adoption Date: 9/27/18
Revised Dates: 10.01; 12.06; 12.11; 07.15; 05.18

Raymond School District #116



3220P—FREEDOM OF EXPRESSION

Students will enjoy freedom of expression, whether verbal or written, providing such expression does not constitute a material and substantial disruption of the orderly operation of the school or otherwise violate this policy. The principal will have the authority to monitor student verbal and written expression. Students who violate the standards established by this policy and chapter 28A.600 RCW for verbal and written expression may be subject to corrective action or punishment.

Definitions
For purposes of this policy and procedure, the following definitions apply:

(a) “School-sponsored media” means any matter that is prepared, substantially written, published, or broadcast by student journalists, that is distributed or generally made available, either free of charge or for a fee, to members of the student body, and that is prepared under the direction of a student media adviser. “School-sponsored media” does not include media that is intended for distribution or transmission solely in the classrooms in which they are also produced.

(b) “Student journalist” means a student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

(c) “Student media adviser” means a person who is employed, appointed, or designated by the school to supervise, or provide instruction relating to, school-sponsored media.

For purposes of verbal and written expression, the following guidelines are in effect:

A. Distribution of written materials or presentation of an oral speech in an assembly or classroom setting may be restricted:

1. Where there is evidence which reasonably supports a forecast that the expression is likely to cause material and substantial disruption of, or interference with, school activities, which disruption or interference cannot be prevented by reasonably available, less restrictive means; or,

2. Where such expression unduly impinges upon the rights of others.

A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.

B. Distribution of written material or presentation of an oral speech will not be permitted if such material or speech would be in violation of the federal communications act or applicable federal communication commission rules or regulations, or otherwise in violation of district policies regarding patently lewd, vulgar, and indecent conduct or communication.

C. Libelous or slanderous material or speech may be prohibited. Libelous material will be defined to include defamatory falsehoods about public figures or governmental officials. In order to be libelous, the defamatory falsehood must be made with actual malice; that is, with knowledge that it is false, or with reckless disregard of whether it was false or not.

D. Publications that involve an unwarranted invasion of privacy will not be permitted. Such occurrences may include: exploitation of one’s personality; publications of one’s private affairs with which the public has no legitimate concern; or, wrongful intrusion into one’s private activities in a manner that can cause mental suffering, shame, or humiliation to a reasonable person of ordinary sensibilities.

E. Publications or oral speeches that advocate the commission of unlawful acts on school premises, the violation of law, or the violation of lawful school district policies and procedures may be prohibited.

F. Publications or oral speeches that violate the district’s policy or procedure related to the prohibition of harassment, intimidation, or bullying, or that advocate discrimination or discriminatory disparagement in violation of chapter 28A.642 RCW and district policy are prohibited.

Student Publications
The student publications instructor or advisor will have the primary responsibility for supervising student publications and to see that provisions incorporated into the policy and procedures are met. The instructor or advisor will also have the primary responsibility for teaching professional standards of English and journalism to the student journalists. Publication activities should instill respect for the sensitivity of others and standards of civility as well as the elements of responsible journalism.

Student editors of school-sponsored media are responsible for determining the news, opinion, feature, and advertising content of the media subject to the limitations of this policy and procedure as set forth above.

The principal may request to review any copy prior to its publication. The principal will return such copy to the student editors within 24 hours after it has been submitted for review. Any dispute that cannot be resolved at the building level will be submitted to the superintendent for further consideration. When appropriate, the superintendent will seek legal counsel. If the complaint cannot be resolved at that level, the board, upon request, will consider the complaint at its next regular meeting. In addition, any student, individually or through his or her parent or guardian, enrolled in a public high school may file an appeal of any alleged violation of chapter 28A.600 RCW related to school-sponsored media pursuant to the provisions of chapter 28A.645 RCW.

Political expression by students in school-sponsored media shall not be deemed the use of public funds for political purposes for purposes of the prohibitions of RCW 42.17A.550.

Expression made by a student in the school-sponsored media is not necessarily the expression of school policy. Pursuant to chapter 28A.600 RCW, neither a school official nor the governing board of the school or school district may be held responsible in any civil or criminal action for any expression made or published by students in school-sponsored media.

Distribution of Materials
Students’ constitutional rights of freedom of speech or expression provide for the opportunity to distribute written materials on school premises. However, distribution of materials by students will not cause disruption of or interference with school activities. Systematic distribution of materials may not occur during instructional time, unless other similar non-instructional activities are permitted. Students will be subject to corrective action or punishment, including suspension or expulsion, depending on the nature of the disruption or interference resulting from distribution of materials.

Raymond School District #116



3223—FREEDOM OF ASSEMBLY

Individual students and student organizations may meet in school rooms or auditoriums, or at outdoor locations on school grounds, to discuss, pass resolutions and take other lawful action respecting any matter which directly or indirectly concerns or affects them, whether or not it relates to school. Such activities shall not be permitted to interfere with the normal operation of the school.

Peaceful demonstrations are permissible, though they are to be held in designated places where they shall present no hazards to persons or property and at designated times that shall not disrupt classes or other school activities.

Cross Reference:
Board Policy 2153 Non-curriculum Related Student Groups

Legal References:
WAC 392-400-215 Student rights

Adoption Date: 8/25/98
Raymond School District #116



3224—STUDENT DRESS

Preserving a beneficial learning environment and assuring the safety and well-being of all students are primary concerns of the board of directors.

Students’ choices in matters of dress should be made in consultation with their parents.

Student dress shall only be regulated when, in the judgment of school administrators, there is a reasonable expectation that:

A. A health or safety hazard shall be presented by the student’s dress or appearance including possible membership in a gang or hate groups;

B. Damage to school property shall result from the student’s dress; or

C. A material and substantial disruption of the educational process will result from the students’ dress or appearance.

For the purpose of this policy, a material and substantial disruption of the educational process may be found to exist when a student’s conduct is inconsistent with any part of the educational mission of the school district. Prohibited conduct includes the use of lewd, sexual, drug, tobacco or alcohol-related messages, gang-related apparel.

The uniforms of nationally recognized youth organizations, and clothing worn in observance of a student’s religion, are not subject to this policy.

The superintendent shall establish procedures providing guidance to students, parents, and staff regarding appropriate student dress in school or while engaging in extracurricular activities. Such procedures shall ensure that any student wearing, carrying, or displaying gang-related apparel, or exhibiting behavior or gestures which symbolize gang membership, or causing and/or participating in activities which intimidate or affect the attendance of another student shall be asked, with notice to his or her parents, to make appropriate corrections and be subject to discipline if the corrections are not undertaken.

Cross References:
Board Policy 3220 Freedom of Expression

Legal References:
RCW 28A.320.140 Schools with Special standards
WAC 392-400-215 Student Rights
WAC 392-400-225 School district rules defining misconduct

Adoption Date: 8/25/98
Raymond School District #116



3224P—STUDENT DRESS

The student and parent may determine the student’s personal dress and grooming standards, provided that the student’s dress and grooming shall not:

A. Lead school officials to reasonably believe that such dress or grooming shall disrupt, interfere with, disturb, or detract from the school environment or activity and/or educational objectives.

B. Create a health or other hazard to the student’s safety or to the safety of others.

C. Create an atmosphere in which a student, staff, or other person’s well-being is hindered by undue pressure, behavior, intimidation, overt gesture or threat of violence; or

D. Imply gang membership or affiliation by written communication, marks, drawing, painting, design, emblem upon any school or personal property or one’s person.

The principal, in connection with the sponsor, coach, or other person in charge of an extracurricular activity, may regulate the dress and grooming of students who participate in the activity if the principal reasonably believes that the student’s dress or grooming:

A. Creates a hazard to the student’s safety or to the safety of others.

B. Shall prevent, interfere with or adversely affect the purpose, direction, or effort required for the activity to achieve its goals.

If the student’s dress or grooming is objectionable under these provisions, the principal shall request the student to make appropriate corrections. If the student refuses, the principal shall notify the parent, if reasonably possible, and request that person to make the necessary correction. If both the student and parent refuse, the principal shall take appropriate disciplinary action. Students may be suspended, if circumstances so warrant. Students who violate provisions of the dress code relating to extracurricular activities may be removed or excluded from the extracurricular activity for such period as the principal may determine. All students shall be accorded due process safeguards before any corrective action may be taken.

Students identified as being gang involved, influenced or affiliated shall be provided assistance and/or programs which discourage gang involvement or affiliation, enhance self-esteem, encourage interest and participation in school or other positive activities and promote membership in authorized school organizations.

Adoption Date: 8/25/98
Raymond School District #116



3226—INTERVIEWS AND INTERROGATIONS OF STUDENTS ON SCHOOL PREMISES

The district encourages interviews and interrogations of students by law enforcement, the Department of Social and Health Services (DSHS) and the county health department(s) to take place off school premises in order to minimize interruption to the instructional program. When an onsite interview or interrogation is warranted by the circumstances of a case, the district will utilize protocols developed in cooperation with these entities. To ensure that investigations are not impeded and that students and parent(s)/guardian(s) are afforded all rights required by law, the superintendent will establish protocols for interviews and interrogations of students on school premises. The protocols will address child abuse and neglect investigations, criminal investigations, and health department investigations.

Cross References:
Policy 3231 Student Records
Policy 3432 Emergencies
Policy 3414 Infectious Diseases
Policy 4310 Working Relationships with Law Enforcement, DSHS and the Health Department

Legal Reference:
RCW 26.44.030 Interviews of children
RCW 26.44.050 Abuse or neglect of child — Duty of law enforcement agency or department of social and health services — Taking child into custody without court order, when.
RCW 26.44.110 Written statement required
RCW 26.44.115 Notice required
RCW 28A.635.020 Wilfully disobeying school administrative personnel or refusing to leave public property, violations, when — Penalty

Management Resources:
Policy and Legal News, July 2013 New interviews/interrogations of students on school premises policy
Policy News, February 1998 FERPA limits student records access
Policy News, April 2001 Compliance Office Provides FERPA Update

Adoption Date: 09/26/2013
Raymond School District #116



3226P—INTERVIEWS AND INTERROGATIONS OF STUDENTS ON SCHOOL PREMISES

The district encourages interviews and interrogations of students to take place off school premises in order to minimize interruption to the instructional program. When an onsite interview/interrogation is warranted by the circumstances of the case, the following protocols will be used:

Protocol for Law Enforcement and/or Department of Social and Health Services (DSHS) Interviews in Child Abuse or Neglect Investigations

  1. In conducting an investigation of alleged child abuse or neglect, law enforcement or DSHS (for purposes of this section, “the interviewer”) may interview students at school. School personnel will not make a student available for an investigative interview unless the student gives consent, as described below. In these interviews, the following protocol will be used:
  2. Upon entering a school building, the interviewer will contact the principal or his/her designee.
  3. The interviewer may request and be granted such student information as address, telephone number, parents’ /guardians’ names, date of birth and other directory information, if the parent or student over 18 years of age has not filed a written objection to the release of directory information. Student records protected by the federal Family Educational Rights and Privacy Act (FERPA) may only be examined or released: 1) following written permission of a minor student’s parent; 2) following written permission of an adult student; 3) pursuant to a court order or subpoena; 4) in response to a health or safety emergency, or 5) in order to better serve the student in the juvenile justice system prior to adjudication.
  4. The interviewer, in the presence of the principal or his/her designee, will first obtain the student’s consent to be interviewed. If the student does not consent to be interviewed, the principal or his/her designee will request that the interviewer cease communicating with the student and the interview will not take place on school premises, unless the interviewer has determined that exigent circumstances exist to conduct the interview, or has a warrant authorizing the interview.
  5. If the interviewer indicates to the principal or his/her designee that the parent or guardian is suspected of child abuse or neglect of the student, parent/guardian notification will not be required.
  6. If the parent or guardian is not suspected of child abuse or neglect of the student, parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. The interviewer must recognize the potential time delay between parent/guardian contact and their arrival at school.
  7. If the interviewer is unable to contact parent(s)/guardian(s) or a designated adult after a reasonable time, the interviewer may proceed with the interview if the student consents or when, in the judgement of the interviewer, an emergency exists and further delay would impair the handling of that emergency.
  8. Prior to commencing the interview, the interviewer will, in the presence of the principal or designee, determine whether a student wishes an adult third party to be present for the interview and, if so, will make reasonable efforts to accommodate the student’s wishes unless, in the opinion of the interviewer, the presence of the third party would jeopardize the course of the investigation.
  9. If the student elects to have an adult third party present in the interview, the principal or designee will, prior to the interview, inform the third party of their role as an observer in the process. The principal or designee will instruct the third party not to speak to, coach, or provide non-verbal cues to the student or the interviewer or otherwise interfere with the questioning of the student. The third party will also be instructed as to his/her duty to keep all aspects of the interview confidential.
  10. If a student has an aide as part of his/her IEP or Section 504 plan and requests that a third party be included in an interview, the interview may include the third party in addition to the student’s aide.
  11. Any school employee requested by a student to attend an interview may opt out of attending. This refusal may not serve as grounds for discharge, non-renewal of an employment contract, or other action adversely affecting the employee’s contract status. The student will be requested to choose another third party. In the event no school employees or other third party wishes to participate, the principal or designee will attend the interview.
  12. 12. If a third party present during the student interview believes that the student is being intimidated, threatened or coerced during questioning, that the student is unaware that he or she is free to leave the interview at any time, or that the student is in physical or emotional distress, he or she may request that a break be taken. During the break, the student will be excused while the third party shares his/her concerns with the interviewer and the principal (or his/her designee). Based on this information, the principal or designee will determine whether to request that the interviewer continue, temporarily suspend or terminate the interview.
  13. At a minimum, the school’s record of the interview/interrogation will document the date, time, place, and length of the interview; the student name and consent to be interviewed, the interviewing officer; and any third or additional parties present.
  14. A DSHS interviewer is required to have 1) a court order; 2) a Voluntary Placement Agreement; or 3) a law enforcement exercise of custody and transfer of custody to DSHS in order for the school to release custody of the student. However, if the DSHS interviewer is accompanied by law enforcement, no warrant will be required. Law enforcement may, independent of DSHS, take custody of the student.
  15. Law enforcement is not required to have a warrant in order for the school to release the student into custody. In the event a student is taken into custody by law enforcement, the school will immediately notify the parent or guardian unless: 1) directed not to do so by law enforcement because a case of child abuse or neglect is alleged against the parent/guardian, or 2) some other similar, specified reason exists for prohibiting notification. School authorities may request that this denial and the reasons for it be put in writing.

Protocol for Law Enforcement Interviews/Interrogations not involving Child Abuse or Neglect Investigations

1. Law enforcement will contact the principal or his/her designee upon entering a school building.

2. Law enforcement may request and be granted such student information as address, telephone number, parents’ names, date of birth and other directory information, if the parent or student over 18 years of age has not filed a written objection to the release of directory information. Student records protected by the federal Family Educational Rights and Privacy Act may only be examined or released: 1) following written permission of a minor student’s parent; 2) following permission by an adult student; 3) pursuant to a court order or subpoena; 4) in response to a health or safety emergency, or 5) in order to better serve the student in the juvenile justice system prior to adjudication.

3. If the student is under twelve (12) years of age, parent(s)/guardian(s) or designated adult notification and permission is required before any interview/interrogation will take place unless the law enforcement official has a warrant or a court order or the official stipulates that exigent circumstances exist.

4. If the student is twelve (12) years of age and over, the principal or designee will make a reasonable effort to contact the parent(s)/ guardian(s) prior to the interview or as soon as possible thereafter. If the parent/guardian cannot be contacted, the principal or designee will contact the designated adult noted on the student’s emergency contact card for their consent. Parent contact will not be required where the law enforcement indicates that child abuse or neglect is alleged.

5. Law enforcement personnel must recognize the potential time delay for the parent(s)/guardian(s) to be contacted and a reasonable time for the parent(s)/guardian(s) to arrive at the school.

6. If unable to contact parent(s)/guardian(s) or a designated adult after a reasonable time, law enforcement may nevertheless proceed with the interview/interrogation if the student consents or when, in the judgement of the officer, an emergency exists and further delay would impair the handling of that emergency. The officer will advise and afford a student all legal rights required by law.

7. Law enforcement is not required to have a warrant in order for the school to release the student into custody. In the event a student is taken into custody by law enforcement, the school will immediately notify the parent or guardian unless: 1) prohibited by law enforcement because a case of child abuse or neglect is involved, or 2) some other similar, specified reason exists for prohibiting notification. School authorities will request that this denial and the reasons for it be put in writing.

8. If a court has released a student on conditions related to school, including attendance, behavior or progress, the administration will encourage the court to include as a condition of release the written permission of the adult student or parent of a minor student to release the student’s records to the court or its designee.

Protocol for Interviews by Health Department in Communicable Disease Investigations

  1. A health department official will contact the principal or his/her designee upon entering a school building.
  2. A health department official may request and be granted such student information as address, telephone number, parents’ names, date of birth and other directory information, if the parent or student over 18 years of age has not filed a written objection to the release of directory information. Student records protected by the federal Family Educational Rights and Privacy Act (FERPA) may only be examined or released: 1) following written permission of a minor student’s parent; 2) following permission by an adult student; 3) pursuant to a court order or subpoena; or 4) in response to a health or safety emergency or 5) in order to better serve the student in the juvenile justice system prior to adjudication.
  3. The principal and his/her designee will permit a health official to conduct a confidential interview during school hours with a student suspected of being in contact with an individual infected with a communicable disease if the principal chooses not to release the student to travel to the health department.


3230—STUDENT PRIVACY AND SEARCHES

At certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents, and what activities the student will participate in. At age eighteen students become legal adults and must approve any disclosure of information about themselves from school records, except directory information if a request for confidentiality has not been filed. Students at age eighteen may also sign releases, authorizations or permission slips to participate in school activities, and may sign themselves out of school and authorize their own absences. Students between sixteen and eighteen who have been granted legal emancipation from their parents or guardians have the same rights as eighteen year old students. Students over fourteen years of age have the right to keep private from everyone any district records indicating that they have been tested or treated for a sexually transmitted disease. Students thirteen years and older have confidentiality rights in records regarding drug, alcohol or mental health treatment. All students have confidentiality rights in family planning or abortion records.

1. Searches of Students and Personal Property

Personal privacy is a fundamental aspect of individual liberty. All students possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches and seizures. Staff shall take particular care to respect students’ privacy.

School officials have authority to maintain order and discipline in the schools and to protect students from exposure to illegal drugs, weapons, and contraband. The superintendent, the principal, and other staff designated by the superintendent shall have the authority to conduct reasonable searches on school property as provided by board policy.

A search is required when there are reasonable grounds to suspect a student has a firearm on school grounds, transportation or at school events.

Prior to conducting a search, school officials shall ask that the student consent to be searched by removing all items from pockets or other personal effects. If the student refuses to consent to the search, school officials may proceed to search the student, the student’s personal belongings, and the student’s locker, as follows:

Any search of a student conducted by a school district employee must be reasonably related to the discovery of contraband or other evidence of a student’s violation of the law or school rules.

For the purpose of this policy, “contraband” means items, materials, or substances the possession of which is prohibited by law or district policy including but not limited to, controlled substances, alcoholic beverages, tobacco products, or any object that can reasonably be considered a firearm or a dangerous weapon.

Staff shall conduct searches in a manner which is not excessively intrusive in light of the age and sex of the student and the nature of the suspected infraction.

No student shall be subject to a strip search or body cavity search by school staff. School officials may consult with local law enforcement officials regarding the advisability of a search on school premises by a law enforcement officer if evidence of criminal activity is likely to be seized.

The superintendent shall develop procedures regulating searches of students and their personal property.

2. Locker Searches

Students may be assigned lockers for storing and securing their books, school supplies, and personal effects. Lockers, desks, and storage areas are the property of the school district. No right nor expectation of privacy exists for any student as to the use of any space issued or assigned to a student by the school and such lockers and other spaces are subject to search in accordance with district policy.

No student may use a locker, desk, or storage area as a depository for any substance or object which is prohibited by law or school rules or which poses a threat to the health, safety or welfare of the occupants of the school building or the building itself.

Any student’s locker, desk, or other storage area shall be subject to search if reasonable grounds exist to suspect that the search will yield evidence of the student’s violation of the law or school rules. Any search of an individual student’s locker shall be conducted according to board policy governing personal searches.

All student lockers may be searched at any time without prior notice and without reasonable suspicion that the search will yield evidence of any particular student’s violation of the law or school rules. If the school official conducting such a search develops a reasonable suspicion that any container inside the locker, including but not limited to a purse, backpack, gym bag, or an article of clothing, contains evidence of a student’s violation of the law or school rules, the container may be searched according to board policy governing personal searches.

The superintendent shall establish procedures for conducting searches of lockers, desks, or storage areas.

Cross References:
Board Policy 3414 Infectious Diseases
Board Policy 3231 Student Records

Legal References:
RCW 13.64.060 Power and Capacity of emancipated minor
RCW 28A.320.040 Bylaws for board and school government
RCW 28A.600.020 Exclusion of student from classroom – Written disciplinary procedures – Long-term suspension or expulsion
RCW 28A.600.210- 240 School official searches of student lockers
WAC 392-400-215 Student rights

Management Resources:
Policy News, June 1999 School safety bill impact policy

Adoption Date: 10/26/99
Raymond School District #116



3230P—STUDENT PRIVACY AND SEARCHES

1. Searches of Students and Their Property

A student is subject to search by district staff if reasonable grounds exist to suspect that evidence of a violation of the law or school rules will be uncovered. School staff shall report a student’s suspicious activity to the principal prior to initiating a search, except in emergency situations. A search is required when there are reasonable grounds to suspect a student has a firearm on school grounds, transportation or at school events.

Establishing reasonable grounds. The following review of the basis for the search should occur before conducting a search:

A. Identify 1) the student’s suspicious conduct, behavior, or activity; 2) the source of the information; and 3) the reliability of the source of such information.

B. If suspicion could be confirmed, would such conduct be a violation of the law or school rules?

C. Is the student likely to possess or have concealed any item, material, or substance which is itself prohibited or which would be evidence of a violation of the law or a school rule?

Conducting the search. If the principal, or his or her designee, determines that reasonable grounds exist to search a student’s clothing, personal effects, desk, locker, assigned storage area, or automobile, the search shall be conducted as follows:

A. If evidence of criminal activity is suspected to be present, and prosecution by civil authorities will be recommended if confirmed by the search, consult law enforcement officials regarding the appropriateness of a search by a law enforcement officer.

B. If evidence of violation of a school rule is suspected, and if confirmed by the search will be handled solely as a student discipline action, proceed to search by asking the student to remove all items from pockets, purses, handbags, backpacks, gym bags, etc.

C. If the student refuses to cooperate in a personal search, the student should be held until the student’s parent or guardian is available to consent to the search. If a parent or guardian cannot be reached in a reasonable time, the principal may conduct the search without the student’s consent.

2. Locker Searches

Lockers, desks, and storage areas are the property of the school district. When assigned a locker, desk, or storage area, a student shall be responsible for its proper care. A student may be subject to a fine for any willful damage to school property. Students are encouraged to keep their assigned lockers closed and locked.

A student’s locker desk or storage area may be searched by district staff if reasonable grounds exist to suspect that evidence of a violation of the law or school rules will be uncovered. School staff shall report a student’s suspicious activity to the principal prior to initiating a search, except in emergency situations when the risk of harm to students or staff demands immediate action.

Building principals should refer to these procedures for conducting searches of students and their property for guidance in establishing whether a search is reasonable under the circumstances.

Principals may search all lockers, desks, or storage areas without prior notice given to students and without reasonable suspicion that the search will yield evidence of any particular student’s violation of the law or school rules.

Administrative inspections, or health and welfare inspections, may be conducted at any time for the purpose of locating misplaced library books, textbooks, or other school property or to ensure that all lockers, desks, or storage areas are being kept clean and free from potential health or safety hazards. Periodic inspections of lockers will reinforce the district’s ownership of lockers and the minimal expectation of privacy students have in the contents of their lockers.

During a search of all student lockers, if the school official conducting the search discovers any container within the locker which may conceal contraband, the container may be searched according to district procedures governing searches of students and their property. A “container” for the purpose of this policy may include, but is not limited to: an article of clothing, a handbag, purse, backpack, gym bag, or any other item in which contraband material may be concealed.

Adopted 10/26/99
Raymond School District #116



3231—STUDENT RECORDS

The district will maintain those student records necessary for the educational guidance and/or welfare of students, for orderly and efficient operation of schools and as required by law. All information related to individual students will be treated in a confidential and professional manner. The district will use reasonable methods to ensure that teachers and other school officials obtain access to only those education records in which they have legitimate educational interests. When information is released in compliance with state and federal law the district and district employees are immune from civil liability unless they acted with gross negligence or in bad faith.

The district will retain records in compliance with the current, approved versions of the Local Government General Records Retention Schedule (CORE) and the for School Districts and Educational Service Districts Records Retention Schedule in Washington State, both of which are published on the Secretary of State’s website at: http://www.sos.wa.gov/archives/recordsretentionschedules.aspx and: http://www.sos.wa.gov/archives/RecordsManagement/Records-Retention-Schedules-for-School-Districts-and-Educational-Service-Districts.aspx.

Student records are the property of the district but will be available in an orderly and timely manner to students and parents. “Parent” includes the state Department of Social and Health Services when a minor student has been found dependent and placed in state custody. A parent or adult student may challenge any information in a student record believed inaccurate, misleading or in violation of the privacy or other rights of the student.

Student records will be forwarded to other school agencies upon request. A high school student may grant authority to the district which permits prospective employers to review the student’s transcript. Parental or adult student consent will be required before the district may release student records other than to a school agency or organization, except as otherwise provided by law.

A grades report, transcript, or diploma will not be released until a student has made restitution for damages assessed as a result of losing or damaging school materials or equipment. If a student has transferred to another school district that has requested the student’s records, but the student has an outstanding fee or fine, only records pertaining to the student’s academic performance, special placement, immunization history and discipline actions will be sent to the enrolling school. The content of those records will be communicated to the enrolling district within two school days and copies of the records will be sent as soon as possible. The official transcript will not be released until the outstanding fee or fine is discharged. The enrolling school will be notified that the official transcript is being withheld due to an unpaid fee or fine.

The superintendent will establish procedures governing the content, management and control of student records.

Cross References:
2100 – Educational Opportunities for Military Children
3520 – Student Fees, Fines, or Charges
4020 – Confidential Communications
4040 – Public Access to District Records

Legal References:
20 U.S.C. 1232g Family Education Rights and Privacy Act
CFR 34 , Part 99 Family Education Rights and Privacy Act Regulations
RCW 28A.150.510 Transmittal of education records to DSHS—Disclosure of educational records—Data sharing agreements—Comprehensive needs requirement document—Report.
RCW 28A.195.070 Official transcript withholding – Transmittal of information
RCW 28A.225.151 Reports.
RCW 28A.225.330 Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules
RCW 28A.230.120 High school diplomas — Issuance — Option to receive final transcripts —Notice
RCW 28A.230.180 Educational and career opportunities in the military, student access to information on, when
RCW 28A.600.475 Exchange of information with law enforcement and juvenile court officials – Notification of parents and students.
RCW 28A.605.030 Student education records – Parental review—release of records—Procedure.
RCW 28A.635.060 Defacing or injuring school property — Liability of pupil, parent or guardian — Withholding grades, diploma, or transcripts — Suspension and restitution — Voluntary work program as alternative — Rights protected
RCW 40.24.030 Address Confidentiality Program — Application — Certification
Chapter 246-105 WAC Immunization of child care and school children against certain vaccine-preventable diseases
Chapter 392-172A WAC Rules for the provision of special education
Chapter 392-182 WAC Student Health Records
Chapter 392-415-WAC Secondary Education- standardized high school transcript
WAC 181-87-093 Failure to assure the transfer of student record information or student records
WAC 392-121-182 Alternative learning experience requirements
WAC 392-122-228 Alternative learning experiences for juvenile students incarcerated in adult jail facilities
WAC 392-500-025 Pupil tests and records — Tests— School district policy in writing

Management Resources:
2014 – December Issue
Records Retention Schedule for School Districts and ESDs (updated 2014)
2013 – February Issue
2010 – February Issue
2003 – December Issue Policy News, December 2003 Updated Legal References for Catheterization, Facilities Planning and Student Records Policies
2001 – April Issue Policy News, April 2001 Compliance Office Provides FERPA Update

Adoption Date: 03/26/15
Raymond School District #116



3231P‑Procedure Student Records

​Student records will be managed by the district records custodian in the following manner:

Type of Records

Student records will be divided into two categories: the cumulative folder and supplementary records.

Cumulative folder

The cumulative folder may contain all information about a student which is collected and maintained on a routine basis, such as identifying information (name, birth date, sex, year in school, address, telephone number, parent’s name, ethnic classification, emergency information, including parent’s place of employment, family doctor, babysitter, siblings); attendance records, including date of entry and withdrawal; grades and other student progress reports; results of tests of school achievement, aptitude, interests, hearing and vision; health and immunization status reports; records of school accomplishments and participation in school activities; verified reports of misconduct, including a record of disciplinary action taken; and such other information as will enable staff to counsel with students and plan appropriate activities. Identifying information may be limited if the student is a participant in the state Address Confidentiality Program.

Supplementary records

Supplementary records about a student may be collected and maintained in connection with special school concerns about the student, such as confidential health information or reports connected with assessment and placement of a student who is formally identified as a “focus of concern;” reports from nonschool persons and organizations such as physicians, psychologists and clinics, except for general screening purposes; reports pertaining to specific problems associated with the student; and current reports of psychological tests and progress reports related to a student’s disabling condition. All such reports included in records will be dated and signed.

For the purpose of this procedure, working notes of staff are defined as those records about students which are maintained in the sole possession of the writer and are not accessible or revealed to any other person except a substitute for that staff member. Working notes are not considered student records within the purview of this procedure.

Accessibility of Student Records

Information contained in the cumulative folder and/or supplementary records will be provided to persons and agencies as follows:

Parents

​Parents of dependent children have the right to inspect the cumulative folder and/or supplementary records of their children.

The parent will be provided analysis and interpretation by qualified staff of all information in the cumulative folder and supplementary records. This action may be initiated by the parent or a staff member. The review will occur within five school business days after a request is received unless a written explanation for the failure to do so is supplied by the custodian of records. In no case will the review occur later than 45 days after the request is made.

Inspection and review will be conducted during normal working hours, unless the custodian (teacher, counselor, nurse, psychologist, principal) consents to other arrangements. Custodians will provide assistance in the interpretation and analysis of student records as needed. Although records must remain within district control, they may be copied or reproduced by or for the parent or eligible student at their own expense.

The Student

Information from the cumulative folder will be interpreted to the student upon his/her request. Information contained in supplementary records will be interpreted to the student upon his/her request and with the consent of the parent. The adult student may inspect his/her cumulative folder and supplementary records. The right of access granted the parent or adult student includes the right to be provided a list of the types of student-related education records maintained by the school and the district. The parent and adult student will have the right to inspect or to be informed of the content of any record containing personally identifiable information regarding more than one student, provided that the right to access will apply only to that portion of the record or document which relates to the student. Upon graduation from high school, a student may request to receive a final transcript in addition to the diploma.

Parents and adult students will be notified annually of their right to inspect and review the records of their children and their other rights under the Family Education Rights and Privacy Act through the district website.

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:​

A. The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the district records custodian a written request that identifies the record(s) they wish to inspect. The records custodian will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

B. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the district to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

C. Parents or eligible students have a right to inspect or review information including when the student is a dependent under IRS tax code, when the student has violated a law or the school rules regarding alcohol or substance abuse (and the student is under 21), and when the information is needed to protect the health or safety of the student or other individuals.

D. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. Exceptions which permit disclosure without consent are: disclosure deemed by the district as necessary to protect the health or safety of the student or other individuals and disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, hearing officer, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the district discloses educational records without consent to officials of another school district in which a student seeks or intends to enroll.

E. 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 is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D.C. 20202

Staff
​

Staff or other school officials who have a legitimate, educational interest in a student will have access to the cumulative folder and any supplementary records.

Other Districts

Other districts will be provided with records upon official request from the district, unless the student has an outstanding fee or fine. In those instances the enrolling school will be provided with the student’s academic, special placement, immunization history and discipline records within two school days, but the official transcript will be withheld until the fee or fine is discharged. The enrolling school district will be notified that the transcript is being withheld due to an outstanding fee or fine. At the time of transfer of the records, the parent or adult student may receive a copy of the records at his/her expense if requested and will have an opportunity to challenge the contents of the records. Parents will be advised through the annual Student Rights and Responsibilities Handbook that student records will be released to another school where the student has enrolled or intends to enroll.

Other Persons and Organizations


Prospective employers may request to review the transcript of a student. Each parent or adult student will be advised at least annually that such requests will be honored only upon a signed release of the parent or adult student. Information contained in the cumulative folder and supplementary records of a student will be released to persons and organizations other than the student, parent, staff and other districts only with the written consent of the parent or adult student with the following exceptions:

​A. Directory information may be released publicly without consent upon the condition that the parent or adult student be notified annually of the school’s intention to release such information and be provided the opportunity to indicate that such information is not to be released without prior consent. Such information will not be released for commercial reasons. Directory information is defined as the student’s name, photograph, telephone number, date of birth, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, diplomas and awards received and the most recent previous school attended. The actual residential addresses of participants in the state Address Confidentiality Program will not be available for release as directory information. Social Security numbers, student identification numbers (with authentication factors such as a secret password or personal identification number) or other personally identifiable information is not considered directory information.

B. Information may be released to authorized representatives of the comptroller general of the United States, the commissioner of education, and/or an administrative head of an education agency or state education authorities in connection with the audit and evaluation of federally supported education programs or in connection with the enforcement of the federal legal requirements for such programs.

C. Information may be released to state and local officials to whom such information is specifically required to be reported or disclosed pursuant to Washington state statute (examples: reporting child abuse or referrals to juvenile court for truancy).

D. Information may be released to organizations conducting studies for educational agencies for the purpose of developing, validating or administering predictive tests or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than the representatives of such organizations and if such information will be destroyed when no longer needed for the purpose for which it has been gathered.

E. Information may be released in compliance with a judicial order or lawfully issued subpoena including ex parte court orders under the USA Patriot Act, upon condition that a reasonable effort was made to notify the parent or adult student in advance of such compliance unless such notice is not allowed by the order or subpoena. In compliance with the federal Uninterrupted Scholar’s Act of 2013, when a parent is a party to a court proceeding involving child abuse or neglect (as defined in Section 3 of the Child Abuse and Prevention and Treatment Act (42 U.S.C. 5101) or dependency matters, and the order is issued in the context of that proceeding, the district is not required to provide additional notice (i.e., in addition to the court’s notice) to the parent prior to release of the information.

F. Information may be released to appropriate persons and agencies in connection with an emergency to protect the health or safety of the student or other persons. The district will take into account the totality of the circumstance and determine if there is an articulable and significant threat to the health or safety of the student or other individuals. When information from a student’s record, other than directory information, is released to any person or organization other than staff, a record of such release will be maintained as part of the specific record involved. Telephone requests for information about students will not be honored unless the identity of the caller is known and the caller is authorized to receive the information under provisions of these procedures. A record will be made of any such release of information and placed in the student’s cumulative folder. This record of access will include date of access, name of the party granted access and the legitimate educational interest of the party granted access.

G. In compliance with the federal Uninterrupted Scholar’s Act of 2013, information regarding students in foster care may be released without prior written consent of the parent or eligible student to agency caseworkers or other representatives of state or local child welfare agencies or tribal organizations who are legally responsible for the care and protection of the student, for purposes related to the student’s case plan.

H. A high school adult student and/or parent/legal guardian may grant authority to the district permitting prospective employers to review the student’s transcript.

Confidential Health Records

Confidential health records should be stored in a secure area accessible only to the school health care provider, unless an appropriately executed release under Ch. 70.02 has been obtained. Such records are also covered by the Family Education Rights and Privacy Act, permitting parent access to review and otherwise exercise FERPA rights regarding the records. There is a higher standard of confidentiality and minor student’s rights of privacy for records pertaining to HIV, sexually transmitted diseases, drug or alcohol treatment, mental health treatment, family planning or abortion. The releases for information regarding sexually transmitted diseases, HIV and drug or alcohol treatment are more restrictive than ordinary medical releases.

Challenges and Hearings

At the time of inspection and review the parent or adult student granted access to records may challenge the appropriateness and accuracy of any record directly related to the student and may demand correction or deletion. Custodians (teacher, counselor, nurse, psychologist) may honor such demands by correcting or deleting records which are misleading, violative of privacy or inaccurate, provided that the senior custodian (principal or department head) concurs.

If the demanded correction or deletion is denied by the senior custodian, the parent or adult student may request an informal hearing before the superintendent, which hearing will be held within 10 school days of the receipt of such request. During the hearing the superintendent will review the facts as presented by the parent or adult student and the custodian and decide whether or not to order the demanded correction or deletion. The superintendent will send his/her written decision to the parent or adult student within 10 school days of the hearing.

Upon denial of correction or deletion by the superintendent, the parent or adult student may request in writing a hearing before the board, which hearing will be conducted at its next regular meeting. During such hearing, which will be closed to the public, the board will review the facts as presented by the parent or adult student and senior custodian and decide whether or not to order the demanded correction or deletion. The board will send its written decision to the parent or adult student within 10 school days of the hearing.

Parents or adult students challenging the appropriateness and accuracy of student records may insert a written explanation of their objections in such records.

Maintenance of Student Records

The student’s principal, counselor or teacher will be the custodian of the cumulative folder. The principal or the student’s counselor will be the custodian of the supplementary records. Duplicate copies of all guidance case study reports and reports from non-school agencies contained in a student’s supplementary record may be maintained in the district office under the supervision of the superintendent.

Custodians will:

A. Maintain only those records authorized by these procedures;
B. Safeguard student records from unauthorized use and disposition;

C. Maintain access records;

D. Honor access requests for parent or adult student;

E. Delete or correct records upon approval of the senior custodian or upon order of the superintendent or the board; and

F. Follow the records review schedule and procedures established by the senior custodian.

Senior custodians may assume the duties of custodians and will:

A. Request student records from other schools;

B. Maintain security of student records;

C. Transfer, destroy and expunge records as permitted;

D. Supervise activities of their custodians;

E. Conduct informal hearings and grant or deny approval of corrections or deletions requested by parents or adult students;

F. Establish records review schedules and procedures for their respective schools or departments in accordance with procedures governing records disposition. (Psychological test scores will be reviewed annually to determine their relevance to the continuing educational needs of the student.);

G. Upon transfer of the student to the next level (elementary to middle school, middle school to high school) or upon graduation or transfer outside the district, remove for retention, preservation or destruction in accordance with applicable disposition procedures any records no longer pertinent to educational program placement; and

H. Certify to the district records custodian by June 30 of each year the following:

I. Only records pertinent to educational program placement are being maintained, unless otherwise authorized by law; and

J. Required reviews have been accomplished.

The district records custodian will provide overall supervision of student records management and control and will enforce the student records policy and the administrative procedures.

The district will use an array of methods to protect records, including passwords, physical controls (such as locked cabinets), technological controls (such as role-based access controls for electronic records) and administrative procedures.

Disposition of Student Records

The permanent student record will serve as the record of the student’s school history and academic achievement. Permanent records filed in the student’s cumulative folder are to be extracted and retained before disposition of the folder.

Within ten days after receiving a request, the district will furnish a set of unofficial educational records to the parent of a student transferring out of state who meets the definition of a child of a military family in transition. When a student transfers to another school in the district, all records including the permanent student record will be transmitted to the other school. When a student transfers to a school outside of the district, the senior custodian will purge the cumulative folder of all nonofficial, extraneous information. A copy of all records will be sent to the requesting school, unless the student has an outstanding fee or fine. In those instances the enrolling school will be provided with information regarding the student’s academic, special placement, immunization history and discipline records within two school days, and the records will be sent as soon as possible. The official transcript will be withheld until the fee or fine is discharged. The enrolling school district will be notified that the transcript is being withheld due to an outstanding fee or fine. The cumulative folder for an elementary or middle school student who leaves the district will be maintained for two years after discontinuance of enrollment in the district.

Cumulative folders and supplementary records of high school students will be retained according to the Washington State Records Retention Schedule. In all cases, the student’s permanent record card will be retained in perpetuity by the district.

At the time a student graduates from school or ceases to need special educational services, the parent/guardian or adult student will be informed that personally identifiable information regarding the disabling condition is no longer needed for educational purposes AND that the special education records will be retained by the district for six (6) years before being destroyed pursuant to the School Districts and Educational Districts Records Retention Schedule approved in accordance with RCW 40.14.070.

When informing the parent or adult student about his/her rights regarding such records, the district will advise the parent or adult student that the information may be needed by the student or the parent to establish eligibility for certain adult benefits, e.g., social security AND that the parent/guardian/adult student  should ensure that they possess the necessary documentation, or request copies of certain records from the district BEFORE the district records are destroyed in six (6) years. At the parent’s/guardian’s or adult student’s request, the record information relating to the disabling condition will be destroyed but ONLY after the records have met their six (6) year retention requirement pursuant to the School Districts and Educational Districts Records Retention Schedule.  The district may, in its discretion, choose to retain these records for a longer period of time for business purposes.

A parent or adult student, at his/her expense, may receive a copy of all records to be transmitted to another district.

Large Scale Destruction of Student Records

After exercising care in accordance with that contained in the previous section (Disposition of Student Records), the senior custodian will bundle all records and send them to the district office. Each bundle will be plainly marked: “Student Records–for Destruction,” dated and signed by the senior custodian. A summary sheet will be completed and retained in the office. The sheet will indicate: “As of this date, I have determined that the following records may be destroyed in accordance with district and state requirements and have submitted them for destruction.” The summary sheet will be dated and signed by the senior custodian.

Electronic Records

Electronic records (including e-mail and web content) created and received by the district in the transaction of public business are public records for the purposes of RCW 40.14 and will be managed consistent with all of the laws and regulations governing the retention disclosure, destruction and archiving of public records. The district will manage electronic records according to the same provisions as paper documents as set forth in the records retention schedules. Electronic records will be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period. The district will retain electronic records designated as archival in the original format along with the hardware and software required to read the data, unless the data has been successfully migrated to a new system. (The district will retain records in compliance with the General Records Retention Schedule for School Districts and Educational Service Districts in Washington State found at:www.sos.wa.gov/archives/recordsretentionschedules.aspx.)

Cut-Off

Whenever applicable, the retention period starts with the “cut-off.” “Cut-off” is a term used to indicate files or records may be terminated on a predetermined date. “Cut-off” prevents current records from attaining unmanageable size and facilitates the filing of new records. Calendar year records may be “cut-off” on December 31, and a new file established on January 1; all fiscal year records can be “cut-off” only upon the completion of an action or event, such as termination of contract, final payment of a contract, termination of employment, etc. Regardless of the duration of the retention period, records series should be kept in the office files after “cut-off” only as long as is necessary to satisfy: (1) active reference; (2) audit, when required; and (3) other operational requirements. Once these three factors have been satisfied, the records should be transferred to a records center or to an appropriate alternative format, including electronically for the remainder of the retention period.



3232—PARENT AND STUDENT RIGHTS IN ADMINISTRATION OF SURVEYS, ANALYSIS OR EVALUATIONS

analysis, or evaluation in a program or project supported by federal funds are available for inspection by parents and guardians.

No student will be required as part of any project or program supported by federal funds to submit to a survey, analysis or evaluation that reveals information concerning the following without prior written consent of the student, if the student is an adult or an emancipated minor, or the student’s parent:

A. Political affiliations or beliefs of the student or the student’s parent;

B. Mental or psychological problems of the student or the student’s family;

C. Sex behavior or attitudes;

D. Illegal, anti-social, self-incriminating, or demeaning behavior;

E. Critical appraisals of other individuals with whom the student has close family relationships;

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

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

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

The district will make arrangements to protect student privacy during the administration of surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes.

The superintendent or designee will develop procedures consistent with this policy.

Cross References: 3231 – Student Records

Legal References: 20 U.S.C. 1232h Protection of pupil rights
34 CFR Part 98 Student rights in research, experimental activities and testing

Management Resources: Policy News, April 2003 Districts Required to Review Collection and Dissemination of Information

Adoption Date: 4/26/18
Raymond School District #116



3232P—PARENT AND STUDENT RIGHTS IN ADMINISTRATION OF SURVEYS, ANALYSIS OR EVALUATION

Right to Inspect

Parents, upon request, will have the opportunity to inspect the following:

A. Surveys created by a third party before the survey is administered or distributed by a school to students;

B. Instructional material used as part of the educational curriculum; and

C. Any survey document used to collect information from students.

Notice

At the beginning of each school year, the district will provide parents and adult or emancipated minor students written notice of the district’s continued use of Policy 3232 and this procedure. The notice will include the specific or approximate dates of any student survey, analysis, or evaluation scheduled during the school year.

Opt-Out

The notice will also offer parents and adult or emancipated minor students the opportunity to opt their children or themselves out of participating in the following activities:

A. Any survey that reveals information described in Policy 3232;

B. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or selling to others; or

C. Any non-emergency, invasive physical examination or screening required as a condition of attendance, administered by the school, and not necessary to protect the immediate health and safety of a student.

Adoption Date: 4/26/18
Raymond School District #116



3235‑Protection of Student Personal Information

The Board of Directors recognizes that high-quality education data collected by its contracted school service providers is an important component for improving student achievement. The Board also recognizes that the District plays a role in ensuring that school service providers use the personal information of students in a responsible and ethical manner consistent with the privacy protections required under federal and state law.

To this end, the District will ensure that all negotiated contracts and online “Terms of Use” agreements with school service providers align with the Student User Privacy in Education Rights (SUPER) Act codified at Chapter 28A.604, RCW and the procedure that accompanies this policy.

Cross References:
2022 – Electronic Resources and Internet Safety
3231 – Student Records
3232 – Parent and Student Rights in Administration of Surveys, Analysis or Evaluations
4040 – Public Access to District Records
6230 – Relations with Vendors

Legal References:
Chapter 28A.604, RCW Student User Privacy in Education Rights Act
20 U.S.C. §1232g Family Education Rights and Privacy Act
20 U.S.C. §1232h Protection of Pupil Rights Amendment

Management Resources:
2017 – April Issue
U.S. Department of Education Privacy Technical Assistance Center
“Transparency Best Practices for Schools and Districts”

Adoption Date: 6/15/17
Raymond School District #116



3235P‑Protection of Student Personal Information

This procedure will apply to all District contracts with school service providers as defined below. Prior to entering into such contracts and regardless of their form, District employees will consult with the Superintendent or the Superintendent’s designee and/or the school or district business officer to verify that any such contract aligns with Chapter 28A.604, RCW, the Student User Privacy in Education Rights (SUPER) Act, as well as any relevant guidelines listed in this procedure.

Definitions

School service means a website, mobile application, or online service that meets all three of the following criteria: a) it is designed and marketed primarily for use in a K-12 school; b) it is used at the direction of teachers or other employees of a K-12 school and c) it collects, maintains or uses student personal information. This term does notinclude websites, mobile applications or online services designed and marketed for use by individuals or entities generally, even if also marketed to a K-12 school.

School service provider means an entity that operates a school service.

Student personal information as used in this policy and procedure is consistent with the term as used in Chapter 28A.604, RCW and means:

  • information collected through a school service that personally identifies an individual student; OR
  • other information collected and maintained about an individual student that is linked to information that identifies an individual student and 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.

Such information includes, but is not limited to, a student’s name, identification numbers, date of birth, demographic information, residence, school student identification number, attendance records, student discipline records, free and reduced lunch information, special education and related services information, standardized test scores and other student growth data. “Information that personally identifies a student” should be considered synonymous with “personally identifiable information” as that term is used in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232G and 34 C.F.R. Part 99.

Targeted advertising means sending advertisements to a student where the advertisement is selected based on information obtained to infer from a student’s online behavior, application usage, or personal information. It does not include: a) advertising to a student at an online location based upon that student’s current visit to that location without the collection and retention of a student’s online activities over time; or b) adaptive learning, personalized learning or customized education.

Terms of service agreement (otherwise known as a “Click-Wrap” agreement) means an online agreement that requires a user to click to accept the agreement in order to access the service or application for the first time. Once a user clicks “I agree,” the terms will likely govern what information the provider may collect from or about students, how they may use this information, and with whom they will share the information.

Student User Privacy in Education Rights (SUPER) Act requirements

All school service providers must:

A. Provide the District (including the relevant administrator and/or teacher) with clear and easy to understand information about the types of student personal information it collects and about how it uses and shares student personal information.

B. Provide the District with prominent notice before making material changes to their privacy policy for school services.

C. Facilitate parent/guardian access to and correction of student personal information through direct communication with the school service provider or through the appropriate teacher/administrator of the District.

D. Collect, use and share student personal information only for purposes authorized by the District’s school or teacher consistent with federal and state law and District policy or as authorized in writing by the student’s parent/guardian.

E. Maintain a comprehensive information security program that is reasonably designed to protect the security, confidentiality and integrity of student personal information. The information security program should make use of appropriate administrative, technological, and physical safeguards.

F. Delete student personal information within a reasonable period of time if the relevant school or district requests deletion of the data under the control of the school unless: 1) the school service provider has obtained student consent or the consent of the student’s parent/guardian to retain information related to that student; or 2) the student has transferred to another school and the receiving school has requested that the school service provider retain information related to that student.

Consistent with federal and state law, school service providers may use student personal information for purposes related to:

A. Adaptive learning or personalized/customized education;

B. Maintaining, developing, supporting, improving, or diagnosing the school service provider’s website, mobile application, online service, or application;

C. Providing recommendations for school, educational or employment purposes within a school service, provided that responses are not determined in whole or in part by any payment or other consideration from a third party ; or

D. Responding to a student’s request for information or feedback without the information or response being determined in whole in part by payment or other consideration from a third party.

School service providers are prohibited from:

A. Collecting, using, and sharing student personal information without District authorization consistent with federal and state law and District policies or parent/guardian consent.

B. Selling student personal information. This prohibition does not apply to the purchase, merger, or acquisition of a school service provider, or to assets of a school service provider by another entity, provided that the successor entity continues to be subject to the same contractual terms as the original school service provider with respect to previously acquired student personal information under the authority of Chapter 28A.604, RCW.

C. Using or sharing any student personal information for purposes of targeted advertising to students.

D. Using student personal information to create a personal profile of a student other than for supporting purposes authorized by the school or the teacher or with consent of the student’s parent/guardian.

E. Using student personal information in a manner that is materially inconsistent with the school service provider’s privacy policy or its contract with the District or school in effect at the time of collection of the information without obtaining prior consent from the Superintendent or their designee.

The District may permit an exception to the above prohibitions consistent with federal and state law, with the exception of (C) in the above paragraph, on use and disclosure of student personal information by a school service provider to:

A. Protect the security or integrity of its website, mobile application or online service;

B. Ensure legal or regulatory compliance or to take precautions against liability;

C. Respond to or participate in the judicial process as permitted by federal and state law;

D. Protect the safety of users or others on the website, mobile application or online service;

E. Investigate a matter related to public safety; or

F. A subcontractor if the school service provider: 1) contractually requires compliance with federal and state privacy laws and prohibits the subcontractor from using student personal information for any purpose other than providing the contracted service to or on behalf of the school service provider; 2) prohibits the subcontractor from disclosing any student personal information provided by the school service provider to third parties unless the disclosure is expressly permitted by any of the above bulleted items or is used for adaptive learning and customized education purposes pursuant to RCW 28A.604.050 or if consent is obtained in compliance with RCW 28A.604.060, as well as federal and state privacy laws; and 3) requires the subcontractor to comply with all requirements of Chapter 28A.604, RCW.

Model terms for district and school service provider contracts

The following guidelines are intended to assist contract managers in their review of draft contracts with school service providers and should be read in conjunction with the statutory requirements of chapter 28A.604 RCW, RCW 28A.605.030, and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and 34 C.F.R. Part 99, listed above. These guidelines are not intended as a substitute for lawful compliance with federal and state privacy laws protecting personally identifiable student information, consultation with legal counsel, and/or contract legal review.

Definition of Data:

Data should be defined broadly to include all information to which providers may have access and specifically should include all student personal information as defined above, information contained in or derived from student education records, metadata, and user content.

Data De-Identification:

The “de-identification of data” means the removal of all direct and indirect personal identifiers, including but not limited to a student’s name, date of birth, identification numbers, demographic information, residence, school identification number, and other personal information collected and maintained by the District about an individual student that is linked to information that identifies an individual student. De-identification means the removal of such information that, alone or in combination with other information 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. Additionally, the school service provider should agree not to attempt to re-identify de-identified data and not to transfer de-identified data to any party unless that party agrees not to attempt re-identification.

Any agreements with contracted school service providers will contain these de-identification requirements and the definitions above.

Marketing and Advertising:

Agreements should state the legal prohibition on using or sharing any student personal information for purposes of targeted advertising to students (see above) and to also prohibit use of data for targeted marketing to students and marketing or advertising to parents.

Avoid language allowing a school service provider to use data to market or advertise to students or their parents.

Modification of Terms of Service:

Consider adding language to state the legal prohibition on the provider changing how it collects, uses or shares data in the of the agreement in any way without advance notice to the District to require consent from the District.

Avoid language stating that the school service provider will only notify the School/District of material changes.

Data Collection:

Agreements should limit data collection to only what is necessary to fulfill the agreement if the agreement with the school service provider relates to data protected under the Family Educational Rights and Privacy Act (FERPA), i.e., “Provider will only collect data necessary to fulfill its duties as outlined in this Agreement.”

Avoid any language regarding student user access through a third-party website (such as a social networking site) resulting in the collection of personal information associated with that site.

Data Use:

Agreements should restrict the school service provider’s use of data to the purposes outlined in the agreement.

Avoid any provision with words to the effect that actions may occur without notice to users.

Data Mining:

Consider prohibiting the school service provider from mining data for any purposes other than those agreed to by the parties, as such actions could lead to violations of FERPA or the Protection of Pupil Rights Amendment (PPRA) as well as the provisions of corresponding state law.

Avoid any language stating that data mining or scanning of user content will occur for the purpose of advertising or marketing to students or parents.

Data Sharing:

Consider adding language to the effect that the School/District understands that the school service provider will rely on one or more subcontractors to perform services under this agreement, and that all subcontractors and successor entities of the provider will be subject to the terms of the agreement.

Avoid language indicating that the school service provider may share information with one or more subcontractors without notice to user.

Data Transfer/Destruction:

Consider language requiring the school service provider to ensure that all data in its possession (or that of its subcontractors, agents or any other party to whom the provider has transferred data) will be destroyed or transferred to the School/District when it is no longer needed for the specified purpose, at the request of the School/District.

Avoid language to the effect that the school service provider maintains the right to use data or user content.

Rights/License to Data:

Consider language to the effect of, “the parties agree that all rights, including intellectual property rights, shall remain the exclusive property of the School/District and the school service provider has a limited, nonexclusive license solely for the purpose of performing its obligations in this Agreement. This Agreement does not give the provider any rights, implied or otherwise, to data, content, or intellectual property except as stated in this Agreement. This includes the right to sell or trade data.”

Avoid language to the effect that District data or user content grants the school service provider with an irrevocable right to license, transmit, or display data or user content.

FERPA Access:

Agreements should allow the District to provide parents with access to education records as required by FERPA and Chapter 28A.605 RCW, e.g. “Any data held by provider will be made available to the School/District upon request by the School/District.”

Avoid language that places barriers (i.e., excessive time for provider response) on the School’s/District’s access to its data held by the school service provider.

Security:

Consider (in addition to requiring the school service provider to take administrative, physical and technical safeguards to secure data as required under state law) including provisions such as “industry best practices,” periodic risk assessments, remediation of any identified security vulnerabilities in a timely manner, a written incident response plan, prompt notification of the School/District in the event of a breach, response protocol for a breach, and sharing of incident response plans upon request.

Avoid contracts that do not reference security controls or those that include a standard other than “industry best practices.”

Review Date: 6/15/17
Raymond School District #116



3240‑Student Conduct Expectations and Reasonable Sanctions

The board acknowledges that conduct and behavior is closely associated with learning. An effective instructional program requires a wholesome and orderly school environment. The board requires that each student adhere to the rules of conduct and submit to corrective action taken as a result of conduct violations. The rules of conduct are applicable during the school day as well as during any school activity conducted on or off campus. Special rules are also applicable while riding on a school bus.

Students are expected to:

A. Respect the rights, person and property of others;

B. Pursue the required course of study;

C. Preserve the degree of order necessary for a positive climate for learning; and

D. Comply with district rules and regulations;

E. Submit to the authority of staff and reasonable discipline imposed by school employees and respond accordingly.

The Board also recognizes that schools must take reasonable steps so that students who fail to adhere to the district’s rules and regulations and who receive discipline for such misconduct remain engaged or are effectively reengaged in their educational program.

The superintendent will develop written rules of conduct which will carry out the intent of the board and establish procedures necessary to implement this policy.

Cross References:
3241 – Classroom Management, Discipline and Corrective Action
6605 – Student Safety Walking, Biking and Riding Buses

Legal References:
RCW 28A.210.310 Prohibition on use of tobacco products on school property
RCW 28A.320.128 Notice and disclosure policies – Threats of violence—Student conduct – Immunity for good faith notice — Penalty
RCW 28A.400.110 Principal to assure appropriate student discipline — Building discipline standards — Classes to improve classroom management skills
RCW 28A.600.015 Rules incorporating due process guarantees of pupils with regard to expulsions and suspensions
RCW 28A.600.020 Exclusion of student from classroom – Written disciplinary procedures – Long-term suspension or expulsion
RCW 28A.600.022 Suspended or expelled students – Reengagement plan.
RCW 28A.600.040 Pupils to comply with rules and regulations
RCW 28A.635.060 Defacing or injuring school property — Liability of pupil, parent, or guardian – Withholding grades, diploma, or transcripts — Suspension and restitution — Voluntary work program as alternative — Rights protected
RCW 28A.635.090 Interference by force or violence — Penalty
RCW 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful—Penalty
RCW 4.24.190 Action against parent for willful injury to property by minor — Monetary limitation — Common law liability preserved
RCW 9.41 Firearms and dangerous weapons
RCW 9.91.160 Personal protection spray devices
RCW 9A.16.020 Use of force — When lawful
20 U.S.C. 7101 et seq. Safe and Drug-Free Schools and Communities Act
WAC 392-400-205 Definitions
WAC 392-400-210 Student responsibilities and duties
WAC 392-400-215 Student rights
WAC 392-400-225 School district rules defining misconduct — Distribution of rules
WAC 392-400-226 School district rules defining harassment, intimidation and bullying prevention policies and procedures –Distribution of rules
WAC 392-400-227 School district rules defining students’ religious rights
WAC 392-400-233 Unexcused absences and tardiness

Management Resources:
2016 – July Issue
2014 – August Issue
2013 – September Issue

Adoption Date: 09/22/2016
Raymond School District #116



3240P‑Procedure Student Conduct Expectations and Reasonable Sanctions

Student Conduct Expectations

As authorized by chapter 28A.600 RCW, the following procedure sets forth rights and conduct expectations for students, along with the sanctions that may be imposed for violations of such expectations. At all times, this procedure will be read consistent with federal statutes and regulations, state statutes, common law, and rules promulgated by the Washington Office of the Superintendent of Public Instruction. For procedures and legal requirements related to imposition of suspension and expulsion, see Policy and Procedure 3241, Classroom Management, Discipline and Corrective Action.

Respect for the Law and the Rights of Others

The student is responsible as a citizen to observe the laws of the United States, the state of Washington, and local ordinances and laws. The student will respect the rights of others while in school, on school property, at all school activities, on district provided transportation or otherwise under school authority.

Compliance with Rules

All Students will obey the written rules and regulations established for the orderly operations of the district and the reasonable requests, instructions, and directives of district personnel. For purposes of Policy 3240 and this procedure, the term “district personnel” includes all adults, including contractors and volunteers, authorized to supervise student activities. Failure to do so will be cause for disciplinary action. All students will submit to reasonable discipline by the school district and its representatives for violations of policies, regulations and rules.

Student Rights

In addition to individual rights established by law and district policies, students served by or on behalf of the district will have the right to:

A. High educational standards in a safe and sanitary building

B. Education consistent with stated district goals;

C. Equal educational opportunity and in all aspects of the educational process freedom from discrimination based on economic status, pregnancy, marital status, sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental or physical disability, or the use of trained dog guide or service animal by a person with a disability;

D. Access to their own education records at reasonable school times upon request;

E. Fair and just treatment from school authorities and freedom from mistreatment and physical abuse;

F. Freedom from unlawful interference in their pursuit of an education while in the custody of the district;

G. Security against unreasonable searches and seizures;

H. The substantive constitutional rights listed in WAC 392-400-215, subject to reasonable limitations upon the time, place, and manner of exercising such rights consistent with the maintenance of an orderly and efficient educational process within limitations set by law, including the right to:

  1. Freedom of speech and press
  2. Peaceably assemble
  3. Petition the government and its representatives for a redress of grievances,
  4. The free exercise of religion and to have their schools free from sectarian control or influence, and
  5. Participate in the development of rules and regulations to which they are subject and to be instructed on rules and regulations that affect them, including the periodic review and update of discipline rules,  policies, and procedures;​
  6. Establish appropriate channels to voice their opinions in the development of curriculum;
  7. Representation on advisory committees affecting students and student rights;
  8. Present petitions, complaints, or grievances to school authorities and the right to prompt replies;
  9. Consult with teachers, counselors, administrators and other school personnel at reasonable times;
  10. Be involved in school activities, provided they meet the reasonable qualifications of the sponsoring organization;
  11. Free election of their peers in student government and the right to hold office;
  12. Know the requirements of the course of study, be informed about and know upon what basis grades will be determined;
  13. Citizenship privileges as determined by the United States and Washington State Constitution and its amendments; and
  14. Annual information pertaining to the district’s rules and regulations regarding students, discipline and rights.

Scope of District Authority

Students who involve themselves in acts that have a detrimental effect on the maintenance and operation of the school or the school district; criminal acts; and/or violations of school rules and regulations, may be subject to disciplinary action by the school and prosecution under the law.  The rules will be enforced by school officials:

A. On school grounds during and immediately before or immediately after school hours;

B. On school grounds at any other time when school is being used by a school group(s) or for a school activity;

C. Off school grounds at a school activity, function, or event;

D. Off the school grounds if the actions of the student materially or substantially affects or interferes with the educational process; or

E. In school-provided transportation, or any other place while under the authority of school personnel.

Disruptive Conduct

A student will not intentionally cause substantial and/or material disruption of any school operations.  The following illustrate the kinds of offenses that are prohibited:

A. Intentionally obstructing normal pedestrian or vehicular traffic on a school campus;

B. Intentionally obstructing the entrance or exit of any school building or room in order to deprive others of passing through;

C. Causing a disturbance or disruption on school grounds, at school activities, or on district-provided transportation, including substantially interfering with any class or activity;

D. Cheating or disclosure of exams;

E. Defiance of school personnel by;

F. Disobedience of reasonable requests, instruction, and directives of school personnel;

G. Refusal to leave an area when instructed to do so by school personnel;

H. Refusing a reasonable request to identify oneself to district personnel (including law enforcement officers) while under the supervision of the school; and

I. Refusal to cease prohibited behavior;

J. Disruptive and/or dangerous use of motor vehicles or conduct on a school bus that endangers students;

K. Extortion, theft, forgery;

L. Fighting: Fighting and instigating, promoting, or escalating a fight, as well as failure to disperse. Engaging in any form of fighting where blows are exchanged is prohibited, regardless of who initiated the fight. This prohibition includes hitting, slapping, pulling hair, biting, kicking, and scratching or any other acts in which a student intentionally inflicts or attempts to inflict injury on another;

M. Gambling or encouraging other students to gamble;

N. Gang-related behavior, association, and/or affiliation

O. Harassment of others;

P. Inappropriate dress or appearance

Q. Trespassing on school property or school transportation at a time or place the student’s presence is not permitted;

R. Occupying a school building or school grounds in order to deprive others of its use;

S. Preventing students from attending class or school activities;

T. Use or possession of tobacco;

U. Using any object in a dangerous manner;

V. Intentionally defacing or destroying the property of another.

Exceptional Misconduct

Exceptional misconduct is a violation of rules so serious in nature and/or so disruptive as to warrant an immediate short-term or long-term suspension. Exceptional misconduct includes the following:

  1. Arson;
  2. Assault, if the assault involves
    1. Injury to another;
    2. Bodily fluids; or
    3. A weapon;
  3. Commission of any crime on school grounds, or the commission of a crime or other dangerous conduct anywhere that indicates the student’s presence on school grounds poses a danger to other students or staff;​*
  4. Cumulative violations;*
  5. Causing intentional, substantial damage or destruction to school property or the property of another on school grounds or at school activities;
  6. Dangerous use of motor vehicles on school grounds  or at school activities, or endangering students on a school bus;
  7. Disruption of the school program by bomb scares, false fire alarms, firecrackers, etc.;*
  8. Extortion;*
  9. Fighting: Fighting and instigating, promoting, or escalating a fight, as well as failure to disperse. Engaging in any form of fighting where physical blows are exchanged is prohibited, regardless of who initiated the fight.  This prohibition includes hitting, slapping, pulling hair, biting, kicking, choking, and scratching or any other acts in which a student intentionally inflicts or attempts to inflict injury on another;*
  10. Harassment/intimidation/bullying of others;*
  11. Knowingly possessing stolen property;*
  12. Possession, use, sale, or delivery of illegal or controlled chemical substances, including marijuana or substances containing marijuana and alcoholic beverages, as well as possession of items reasonably determined to be drug paraphernalia as used or possessed;
  13. Presence on school property or at a school activity following the consumption or use elsewhere of an alcoholic beverage or a controlled substance, including marijuana;
  14. Sexual misconduct on school grounds, at school activities, or on school provided transportation;*
  15. Theft on school grounds, at school activities, on school provided transportation, or of school property at any time;*
  16. Threats of violence to other students or staff;
  17. Use or possession of dangerous weapons, including firearms, airguns, knives, nun-chu-ka sticks, throwing stars, stun guns, explosives and other weapons prohibited by state law.

*District Note: While these marked offenses are “exceptional misconduct” and an immediate imposition of short-term suspension is permissible, each offense may be a “discretionary discipline offense” for which long-term suspension and expulsion/emergency expulsion cannot be imposed. If the school is considering imposition of long-term suspension, emergency expulsion, or expulsion for any offense marked with an asterisk, the behavior must also be explicitly listed in procedure 3241P under the section entitled “Suspensions, Expulsions, and Discretionary Offenses.”

Guidelines for Sanctions

Chapter 392-400 WAC contains the following restrictions for suspensions:

  • Kindergarten through grade four – No student in grades kindergarten through four shall be subject to short-term suspensions for more than a total of ten school days during any single semester or trimester as the case may be, and no loss of academic grades or credit shall be imposed by reason of the suspension of such a student.
  • Grades five and above program – No student in grade five and above program shall be subjected to short-term suspension for more than a total of fifteen school days during any single semester or ten school days during any single trimester, as the case may be.

In all cases where sanctions are imposed, a reasonable effort to contact parents or guardians will occur prior to, or contemporaneous with, the imposition of the sanction, in addition to any written notice required by law.  When a school administrator has good and sufficient reason to believe that a student’s presence poses an immediate and continuing danger to the student, other students or school staff, or an immediate and continuing threat of substantial disruption of the educational process, immediate emergency removal or emergency expulsion may be appropriate.  (See Policy 3241, Classroom Management, Discipline and Corrective Action)

In conjunction with the following sanction guidelines, administrators may also consider any alternative form of corrective action—including programs intended to lessen the time of exclusion from class attendance—which has been approved by the Board of Directors and/or Superintendent. The district encourages the use of alternative forms of correction action when possible and practicable in light of the duty to maintain safe and orderly school environments conducive to student learning.

In addition to school sanctions, administrators should determine whether restitution for damage or injury should be considered.

Implementing the Guidelines for Sanctions

It is presumed that school administrators will sanction a student for the following offenses within each listed standard range, beginning at the presumptive sanction and determining whether mitigating or aggravating factors warrant a sanction higher or lower within the standard range. School administrators are expected to use their professional judgment and experience when assigning students sanctions and will, to the best of their abilities, attempt to apply these sanctions to all similarly-situated students in a fair and equitable manner.  The administrator’s judgment and discretion will carefully balance the duty to maintain order and discipline in a safe school environment, the appropriate corrective action needed to address the student’s misconduct, and the student’s long-term educational success.

The sanctions below do not prohibit administrators from considering approved alternatives to out-of-school suspension or expulsion, including in-school suspension.   The standard range for each offense does not prohibit a school administrator from exceeding the range, up to and including expulsion, if sufficient aggravating factors warrant such corrective action or if the threat of danger or substantial disruption supports an emergency expulsion under WAC 392-400-295.

ARSON:

For purposes of school discipline, “arson” means any intentional or reckless setting of a fire or other burning of personal or public property.  “Reckless” means that the student understood, but acted with disregard for, the consequences of his or her conduct.

STANDARD RANGE:  0-20 Day Suspension

PRESUMPTIVE STANDARD SANCTION:

Elementary: Short-Term Suspension of 1 Day

Secondary: Short-Term Suspension of 5 Days

MITIGATING FACTORS:

  • No prior documented misconduct
  • Minimal damage
  • Little potential of harm
  • Student’s intent or purpose
  • Student’s age and/or inability to understand  potential consequences of the conduct
  • Admitted or self-reported conduct
  • Student attempted, but failed to or was prevented from, carrying out the conduct

AGGRAVATING FACTORS

  • Significant damage
  • Potential of serious harm
  • Intent or purpose in setting fire
  • Previous discipline record of student warranting progressive sanctions
  • The student’s presence on campus is determined to be a threat to the safety of others.

ASSAULT:

For purposes of school discipline, “assault” means actual or attempted hitting, striking or other wrongful physical contact inflicted on another either directly or indirectly through an object. For verbal threats, see Harassment, Intimidation, and Bullying.

STANDARD RANGE: 0-10 Day Suspension

PRESUMPTIVE STANDARD SANCTION:

Elementary: 0 Days

Secondary: Short-Term Suspension of 5 Days

MITIGATING FACTORS:

  • No prior documented misconduct
  • Minimal injury or damage
  • Student was primarily acting defensively, but facts do not support a conclusion that the student’s conduct was clearly reasonable self-defense as set forth below
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct

AGGRAVATING FACTORS:

  • Serious actual or potential injury
  • Use of an object or weapon
  • Premeditated conduct
  • Multiple students assaulting a single student
  • Prior assault(s), threat(s), harassment, or bullying by the student against the same victim
  • Exceptional severity or cruelty
  • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of the victim
  • Conduct is motivated by actual or perceived gang rivalry or affiliation
  • Previous discipline record of student warranting progressive sanctions

REASONABLE SELF-DEFENSE:

It is expected that a student must always first retreat from any threat of harm and/or contact an adult staff member for assistance before engaging in any type of physical response to an assault. However, an administrator may decide not to subject a student to discipline if, following a reasonable investigation, the administrator determines that all of the following are true:

A student who is being assaulted or witnesses another student being assaulted acts only in a manner that is defensive and protective of himself/herself or others;

The student is acting in a manner that a building administrator determines is reasonable and necessary in light of the circumstances; and

The student did not instigate, provoke, or promote the violence by his or her words or conduct immediately prior to the assault.

A reasonable physical response to an assault may include holding the assailant’s hands or arms to prevent the assault, or pulling two fighting students apart and holding them until adult staff can arrive and intervene.

DEFACING OR DESTRUCTION OF PROPERTY:

For school discipline purposes, means the unauthorized, intentional damage to district property or the property of others (other than arson, above).

STANDARD RANGE: 0-10 Day Suspension

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: Short-Term Suspension of 3 Days

Restitution will usually be required.

MITIGATING FACTORS:

  • No prior documented misconduct
  • Minimal damage
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct
  • Subsequent remedial steps, including restitution to district or victim of misconduct

AGGRAVATING FACTORS:

  • Significant damage in extent or cost
  • Similar previous conduct
  • Previous discipline record of student warranting progressive sanctions
  • Property defaced with:
  • Lewd or obscene words or imagery
  • Words or imagery containing slurs or negative reference to the race, color, national origin, gender, sexual orientation, gender expression, or disability of others
  • Gang words or imagery

Note: Under RCW 28A.635.060 (1), the school district may withhold the grades, diploma, and transcripts of a pupil responsible for intentional damage or loss to the property of the district, a contractor of the district, an employee, or another student until the pupil or the pupil’s parent or guardian has paid for the damages. If a student has been suspended or expelled, the student may not be readmitted until the student or parents or legal guardian has made payment in full, or until the superintendent directs otherwise. If the property damaged is a school bus owned and operated by the district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed otherwise by the superintendent.

When the pupil and parent or guardian are unable to pay for the damages, the school district will provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of the voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of the pupil is liable for damages as otherwise provided by Washington state law.

DEFIANCE OF SCHOOL AUTHORITY:

Refusal to obey reasonable requests, instructions, and directives of any school personnel, including volunteers or contractors working for the school. Defiance of school authority can also include intentional disruptive behavior.

STANDARD RANGE: 0-10 Day Suspension

(District Note: Defiance of school authority is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: Discipline other than Suspension

MITIGATING FACTORS:

  1. No prior documented misconduct
  2. Student’s age and/or inability to understand potential consequences of the conduct
  3. Subsequent action taken by student to make amends for misconduct with school personnel

AGGRAVATING FACTORS:

  • Part of a pattern of similar misconduct
  • Previous discipline record of student warranting progressive sanctions
  • Substantial disruption to learning of others caused by student’s defiance
  • Student attempts to solicit or incite others to engage in defiant behavior
  • Use of lewd, obscene, or profane language directed towards supervising school personnel
  • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of school personnel

DRUGS/ALCOHOL AND OTHER PROHIBITED CHEMICAL SUBSTANCES:

The possession, consumption, use, storage, or distribution of drugs (including marijuana/cannabis), alcohol, and other similar chemical substances on school grounds, at school activities, or on district-provided transportation is prohibited. For purposes of student conduct expectations:

This section applies to any controlled substance, medication, stimulant, depressant, or mood altering compound, including simulated compounds intended to produce intoxication or euphoria, whether or not such compounds have been designated a controlled substance by state or federal law;

This section applies to marijuana or substances containing marijuana;

This section applies to legally-prescribed drugs which a student is nevertheless not lawfully authorized to possess on school grounds, at school activities, or on district-provided transportation;

This section applies to students who enter school grounds, school activities, or district-provided transportation following the unlawful use or consumption of drugs, alcohol, and other similar chemical substances, including students who appear to be under the influence of such substances; and

This section applies equally to the possession or use of paraphernalia or other items used to possess, consume, store, or distribute drugs, alcohol, and/or other illegal chemical substances, including marijuana or substances containing marijuana.

STANDARD RANGE

Elementary: 0-10 Day Suspension

Secondary: 3-20 Day Suspension

PRESUMPTIVE STANDARD SANCTION FOR POSSESSION OR USE:

Elementary: Short-Term Suspension of 1 Day

Secondary: Short-Term Suspension of 10 Days

PRESUMPTIVE STANDARD SANCTION FOR DISTRIBUTION:

Elementary: Short-Term Suspension of 5 Days

Secondary: Long-Term Suspension of 20 Days

MITIGATING FACTORS:

  • Little or no prior documented misconduct
  • A significantly small amount of substance
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Momentary or transient handling of the item
  • Admitted or self-reported conduct
  • Student believed that he or she was authorized to possess a lawfully-prescribed drug on campus
  • Evidence that there was no intent to use, consume, or distribute the substance on school grounds, district-provided transportation, or at school activities.

AGGRAVATING FACTORS:

  • Previous discipline record of student warranting progressive sanctions
  • A relatively large amount of substance that would reasonably exceed anticipated single use
  • Evidence of sophistication or pre-planning
  • Evidence of distribution or intent to distribute prohibited substances
  • The substance is heroin or another similar opiate (including methadone, oxycodone, etc.), cocaine, methamphetamine, or a similar substance designated as a level one or level two controlled substance with the potential for significant harm and addiction
  • Distribution has been to multiple students
  • Conduct is related to gang affiliation

Generally, a suspension for possession, use, or consumption should not exceed ten (10) days, and a suspension for distribution should not exceed twenty (20) days. A suspension for secondary students in either case should not fall below three (3) days.

An expulsion may be imposed for such conduct when sufficient aggravating circumstances are present and in consultation with the superintendent or the superintendent’s designee. Emergency expulsion may be imposed when the student’s conduct meets the requirements of WAC 392-400-295.

An administrator may draw up a contract with a student serving a suspension, and a maximum of fifty percent (50%) of the suspension may be held in abeyance when the student successfully complies with the terms and conditions of the contract.

In all cases in which a student possesses or is distributing on school grounds, at school activities, or on district-provided transportation a substance prohibited under this section that is also a violation of the law, a report will be made by school officials to law enforcement.

FIGHTING OR FIGHTING INVOLVEMENT:

Includes instigating, promoting (including promotion by presence as a spectator), and escalating a fight, as well as the failure to disperse at the scene of a fight.

SANCTIONS: See Assault

(District Note: Where assault is not alleged and the school simply imposes discipline under fighting or fighting involvement, such offense is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

GANG CONDUCT:

For school discipline purposes includes:

  • The creation, display, or communication of gestures, language, imagery, or symbols as defined below commonly associated with gang culture
  • The promotion of gang culture and/or gang violence, and/or
  • The solicitation or recruitment of gang members.
  • Gang imagery and symbols include, but are not limited to:
    • Apparel (including shoelaces, bandanas, belts, or hats) which by virtue of color, arrangement, trademark, symbol, or any other attributes indicate or imply gang membership or affiliation
    • Displays of gang affiliation on personal belongings including clothing, school assignments, notebooks, body, etc.

STANDARD RANGE: 0-10 Day Suspension

(District Note: If the school does not allege gang activity on school grounds in violation of RCW 28A.600.455 or criminal gang intimidation, some “gang conduct” may be a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: Discipline other than Suspension

MITIGATING FACTORS:

  • No prior documented misconduct
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct
  • Subsequent remedial steps, including restitution for property damaged or defaced with gang imagery, symbols, or language

AGGRAVATING FACTORS:

  • Similar previous conduct
  • Concerted action with other students or non-students
  • Gang conduct in connection with other misconduct prohibited elsewhere by this procedure, including but not limited to assault, harassment, intimidation, bullying, theft, and the possession of weapons
  • Previous discipline record of student warranting progressive sanctions

Expulsion or Long-term suspension for gang conduct alone, absent any other misconduct, may only occur under extraordinary circumstances following consultation with the Superintendent or Superintendent’s designee.

HARASSMENT, INTIMIDATION OR BULLYING:

For school discipline purposes, “harassment, intimidation and bullying” includes:

  • Intentional hurtful, threatening, or intimidating verbal and/or physical conduct;
  • Unsolicited or unwelcome verbal or physical conduct that is harassing or intimidating that can be of a sexual, religious, racial or ethnic nature, or based on disability;
  • A threat to cause bodily injury, property damage, or to cause the physical confinement or restraint of the person threatened, or any other act causing substantial harm to the physical or mental health of the person threatened.

STANDARD RANGE

Elementary: 0-10 Day Suspension

Secondary: 3-20 Day Suspension*

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: 3 Day Suspension

*(Note: Harassment, intimidation, or bullying that does not constitute criminal “harassment” under chapter 9A.46 RCW (i.e., threats) or any other offense specifically listed in in Policy 3241 or procedure 3241P (e.g., assault or malicious mischief) is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

MITIGATING FACTORS:

  • No prior documented misconduct
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct
  • Subsequent action taken by student to make amends for misconduct with the victim

AGGRAVATING FACTORS:

  • Threat of serious injury
  • Use of an object or weapon
  • Premeditated conduct
  • Part of a pattern of similar misconduct against the same victim
  • Prior assault(s) threat(s), harassment, or bullying by the student against the same victim
  • Exceptional severity or cruelty
  • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of the victim
  • Conduct is motivated by actual or perceived gang rivalry or affiliation
  • Previous discipline record of student warranting progressive sanctions

LEWD, OBSCENE, OR PROFANE LANGUAGE, GESTURES OR MATERIALS:

For purposes of school discipline, this includes, but is not limited to, lewd, obscene or profane language, gestures or materials that are unrelated to authorized school curriculum. Prohibited “materials” includes digital or electronic text, images, or sounds that are possessed, displayed, or transmitted while under the supervision of school authorities.

STANDARD RANGE: 0-10 Day Suspension

(District Note: Lewd, obscene, or profane language gesture or materials that do not constitute a “sex offense” as defined in Policy 3241 and procedure 3241P is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: Discipline other than Suspension

MITIGATING FACTORS:

  • No prior documented misconduct
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Subsequent action taken by student to make amends for misconduct

AGGRAVATING FACTORS:

  • Part of a pattern of similar misconduct
  • Previous discipline record of student warranting progressive sanctions
  • Substantial disruption to learning of others caused by student’s defiance
  • Student attempts to solicit or incite others to engage in behavior
  • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of school personnel

Any conduct under this section that could constitute a criminal act will be reported to law enforcement. Any conduct under this section that involves the use of district resources or equipment may result in the loss or restriction of a student’s use of district systems, resources, or equipment.

TARDINESS:

Schedule a conference or conferences with the custodial parent or guardian and student, at a time reasonably convenient for all, for the purpose of analyzing the causes of the student’s tardiness. Take steps to eliminate the tardiness, including adjusting the student’s school program, or school/course assignment.(District Note: Tardiness is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

THEFT/STEALING:

Possession of another person’s or district property, regardless of value, without the person’s permission with the intent to deprive the owner of such property. As part of the sanction, restitution will usually be required.

STANDARD RANGE: 0-10 Day Suspension

(District Note: Theft and stealing are discretionary discipline offenses under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

PRESUMPTIVE STANDARD SANCTION:

Elementary: Discipline other than Suspension

Secondary: Short-Term Suspension of 2 Days

Restitution will usually be required if property is not recovered and returned.

MITIGATING FACTORS:

  • No prior documented misconduct
  • Property returned to victim
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct
  • Subsequent remedial steps, including restitution to district or victim of misconduct

AGGRAVATING FACTORS:

  • Significant damage in extent or cost
  • Similar previous conduct
  • Previous discipline record of student warranting progressive sanctions
  • Conduct is motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of the victim
  • Conduct is motivated by gang affiliation

Note: Under RCW 28A.635.060 (1), the school district may withhold the grades, diploma, and transcripts of a pupil responsible for intentional damage or loss to the property of the district, a contractor of the district, an employee, or another student until the pupil or the pupil’s parent or guardian has paid for the damages. If a student has been suspended or expelled, the student may not be readmitted until the student or parents or legal guardian has made payment in full, or until the superintendent directs otherwise. If the property damaged is a school bus owned and operated by the district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed otherwise by the superintendent.

When the pupil and parent or guardian are unable to pay for the damages, the school district will provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of the voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of the pupil is liable for damages as otherwise provided by Washington state law.

TOBACCO/NICOTINE PRODUCTS – USE OR POSSESSION:

Students may not participate in smoking, use of tobacco products or products containing nicotine, or possess tobacco products on the school premises or at school-sponsored functions.

Elementary Students

See sanctions for Defiance of School Authorities

Secondary Students

First Offense: Complete Tobacco Intervention Packet. [Refusal or failure to complete Tobacco Intervention Packet shall be considered to be a tobacco related offense for which students may receive school discipline sanctions as set forth in Defiance of School Authorities]

Second Offense: Complete Tobacco Intervention Packet and attend extended after school detention. [Refusal to complete Tobacco intervention Packet shall be considered to be a tobacco related offense for which students may receive school discipline that includes short-term suspension with days that may be held in held in abeyance for community service].

Third Offense: Complete Tobacco Intervention Packet and attend extended after school detention. [Refusal to complete Tobacco Intervention Packet shall be considered to be a tobacco related offense for which students may receive school discipline that includes short-term suspension with days that may be held in held in abeyance for community service].

(District Note: Use or possession of tobacco or nicotine products is a discretionary discipline offense under RCW 28A.600.015 that cannot result in long-term suspension or expulsion.)

TRUANCY:

See Policy and Procedure 2423 .

WEAPONS:

This section addresses the possession or use of actual weapons in violation of district policy, including firearms, dangerous weapons, and other items listed within that policy. This includes when a student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm. Objects and conduct that fall outside of district policy should be addressed under other sections, as appropriate.

STANDARD RANGE: 0-20 Day Suspension

PRESUMPTIVE STANDARD SANCTION:

Elementary: Short-Term Suspension of 3 Days

Secondary: Long-Term Suspension of 11 Days

SANCTION FOR FIREARM AT SCHOOL: Emergency Expulsion (see below)

MITIGATING FACTORS:

  • No prior documented misconduct
  • No injury or damage caused
  • No evidence that student intended to display or use the weapon
  • The weapon is a small pocketknife with a blade 3 inches or less
  • Student’s age and/or inability to understand potential consequences of the conduct
  • Admitted or self-reported conduct
  • Student offers credible evidence that he or she had the weapon for legitimate purposes away from school and unintentionally brought the object to school

AGGRAVATING FACTORS:

  • Previous discipline record of student warranting progressive sanctions
  • Student used the weapon in furtherance of an assault, to intimidate another, cause injury, and/or to cause physical damage to property
  • Student displayed, activated or discharged the weapon in a reckless manner
  • Evidence of premeditation
  • Display or use of the weapon was motivated by perceived race, color, national origin, gender, sexual orientation, gender expression, disability, or any similar actual or perceived characteristic of a person intimidated or assaulted
  • Conduct is motivated by actual or perceived gang rivalry or affiliation
  • The weapon is an airgun or firearm.
  • The object appears to be a firearm and the student displaying or using the object does so with malice

Any student who is determined to have carried a firearm or to have possessed a firearm on school premises, school-provided transportation, or school sponsored activities at any facility shall be expelled from school for not less than one year (12 months) under RCW 28A.600.420, with notification to parents and law enforcement. The district superintendent or the superintendent’s designee is authorized to modify the expulsion of a student on a case-by-case basis.

The school district may also suspend or expel a student for up to one year if the student acts with malice as defined under RCW 9A.04.110 and displays a device that appears to be a firearm.

Expulsion may result based upon the administrator’s judgment of the seriousness of the act or circumstances surrounding the act, and/or the previous record of the student.

Management Resources
2016 – July Issue
2014 – August Issue

Revised Date: 09/22/2016
Raymond School District #116



3241‑Classroom Management, Discipline and Corrective Action

Rules of student conduct are essential to maintain a school environment conducive to learning. A student’s refusal to comply with written rules and regulations established for the governing of the school will constitute sufficient cause for discipline or corrective action.

Staff are responsible for supervising student behavior, employing effective classroom management methods and enforcing the rules of student conduct in a fair, consistent and non-discriminatory manner. Corrective action must be reasonable and necessary under the circumstances and reflect the district’s priority to maintain a safe and positive learning environment for all students and staff.

The district will distribute its discipline policy and procedure to students, their parents/guardians, and the community on an annual basis. Students and/or their parents/guardians will be provided all required substantive and procedural due process in regard to grievances, hearings and/or appeals of corrective action. The district will also strive to provide trainings regarding policies and procedures related to student discipline for appropriate school and district staff whose duties require them to interact with students and enforce or implement components of student discipline.

The district will assist long-term suspended and expelled students in returning to school as soon as possible by providing them with a reengagement plan tailored to the student’s individual circumstances, including consideration of the incident that led to the student’s long-term suspension or expulsion.

The district will annually collect and review data on disciplinary actions taken against students within each school. The data will be disaggregated into subgroups as required by RCW 28A.300.042 and will , include students protected by the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973.  The review must include short-term suspensions, long-term suspensions and expulsions.  In reviewing the data, the district will determine whether it has disciplined a substantially disproportionate number of students within any of the disaggregated categories.  If disproportionality is found, the district will take action to ensure that it is not the result of discrimination.

In consultation with school district staff, students, families and the community, the district will periodically review and update this policy and its accompanying procedure.

Cross References:
2121 – Substance Abuse Program
2161 – Special Education and Related Services for Eligible Students
2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
3122 – Excused and Unexcused Absences
3210 – Nondiscrimination
3240 – Student Conduct Expectations and Reasonable Sanctions
3244 – Prohibition of Corporal Punishment
3520 – Student Fees, Fines, or Charges
4210 – Regulation of Dangerous Weapons on School Premises
4218 – Language Access Plan

Legal References:
RCW 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable
RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions
RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching — Scope — Responsibilities — Penalty
Chapter 28A.225, RCW Compulsory school attendance and admission
Chapter 28A.320, RCW Provisions applicable to all districts
RCW 28A.400.100 Principals and vice principals — Employment of — Qualifications — Duties
RCW 28A.400.110 Principal to assure appropriate student discipline — Building discipline standards — Classes to improve classroom management skills
Chapter28A.600, RCW Students
WAC 392-190-048 Access to course offerings – Student discipline and corrective action
Chapter 392-400, WAC Pupils
34 CFR Part 100.3 Regulations implementing Civil Rights Act of 1964
42 U.S.C. 2000d et seq. Civil Rights Act of 1964

Management Resources:
2016 – July Issue
2014 – December Issue
2014 – August Issue
2010 – June Issue

Adoption Date: 09/22/2016
Raymond School District #116



3241P‑Procedure Classroom Management, Discipline and Corrective Action

Definitions

Discipline means all forms of corrective action other than emergency removal, suspension or expulsion.  Discipline includes the exclusion of a student from any type of activity conducted by or on behalf of the school district and exclusion of a student from a class by a teacher or administrator for a period of time that does not exceed the balance of the immediate class period, provided the student is in the custody of a school district employee for the balance of such period.

Discretionary discipline, under RCW 28A.600.015 refers to any form of corrective action taken in response to student misconduct that violates the rules, policies, or procedures adopted by the board of directors, other than the misconduct listed in one or more of the categories in this procedure set forth below in the section entitled “Suspension, Expulsions, and Discretionary Discipline.” Discretionary discipline cannot include long-term suspension or expulsion.

Emergency removal means a student’s immediate removal from a class, subject or activity by a certificated teacher or an administrator or a school bus driver and sending of that student to the building principal or designee, when the teacher or administrator has good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students or school staff or an immediate and continuing threat of substantial disruption of the class, subject, activity, or educational process.

Suspension means the denial of attendance for any single subject or class or for any full schedule of subjects or classes for a stated period of time.  Suspension may also include denial of admission to, or entry upon, real and personal property that is owned, leased, rented or controlled by the district.

Short-term suspension means suspension for any portion of a calendar day up to and not exceeding ten (10) consecutive school days.

Long-term suspension means a suspension that exceeds ten (10) consecutive school days.  A long-term suspension may not exceed the length of an academic term as defined by the school board and may not be imposed as a form of discretionary discipline except for the offenses listed below in the section entitled “Suspension, Expulsions, and Discretionary Discipline.”

Emergency expulsion means an emergency removal from school for up to, but not exceeding, ten (10) consecutive school days from the student’s current school placement by the superintendent or designee.  An emergency expulsion requires the superintendent or designee to have good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to other students or school staff or an immediate and continuing threat of substantial disruption of the educational process.  An emergency expulsion must end or be converted to another form of corrective action within ten (10) school days from the date of the emergency removal from school. If the district converts the emergency expulsion to another form of corrective action, it must provide notice and an explanation of due process rights to the student and parent/guardian.

Expulsion means a denial of attendance for a period of time up to but no longer than length of an academic term (as defined by the board of directors) from the time the student is removed from his/her current school placement by a school district superintendent or designee.  An expulsion may not be for an indefinite period of time and may not be imposed as a form of discretionary discipline except for the offenses listed below in the section entitled “Suspension, Expulsions, and Discretionary Discipline.”  An expulsion may be extended beyond the length of an academic term if: 1) the school petitions the superintendent for an extension; and 2) the superintendent authorizes the extension pursuant to the superintendent of public instruction’s rules adopted for this purpose (see Petition for Extension of Length of Expulsion below).  An expulsion may also include a denial of admission to, or entry upon, real or personal property that is owned, leased, rented or controlled by the district.

School business day means any calendar day except Saturdays, Sundays and any federal and school holidays upon which the office of the superintendent is open to the public for business.  A school business day concludes upon the closure of the superintendent’s office for the calendar day.

School day means a calendar day except school holidays on which enrolled students are engaged in educational activity which is planned, supervised and conducted by or under the supervision of certificated staff and on which day all or any portion of enrolled students participate in such educational activity.

Reengagement meeting means a meeting held between the district and the student and parent/guardian to discuss how to return a long-term suspended or expelled student to an educational setting as soon as possible.

Reengagement plan means a culturally sensitive and culturally responsive written plan developed between the district and a student and his/her parent or guardian designed to aid the student in taking the necessary steps to remedy the situation that led to the student’s suspension or expulsion and to return the student to the educational setting as soon as possible. Parents or guardians of students must have access to, provide meaningful input on, and have the opportunity to participate in the student’s reengagement plan.

​Superintendent authority

The superintendent will have the authority to discipline, suspend or expel students. The superintendent will:

A. Identify the conditions under which a teacher may exclude a student from his or her class; and

B. Designate which staff members have the authority to initiate or to impose discipline, suspensions or expulsions.

No student will be expelled, suspended, or disciplined in any manner for the performance of or failure to perform any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of the educational process.

No form of discipline will be enforced in such a manner as to prevent a student from accomplishing a specific academic grade, subject or graduation requirements.

Notification of suspensions of students eligible for special education services

The principal will notify special education staff of any suspensions to be imposed on a student who is currently eligible for special education services or any student who might be deemed eligible for special education. To the extent that suspensions may cumulatively or consecutively exceed ten (10) days, the principal will notify relevant special education staff so that the District can ensure compliance with special education discipline procedures.

Notification of procedures relating to student behavior

Principals in each school will annually publish and make available to students, parents or guardians, staff, and the community the rules, policies, and procedures of the District that establish misconduct and the written procedures for administering corrective action. The publication will also define student rights and responsibilities relating to student behavior.

Pursuant to the Drug-Free Schools and Communities Act (Amendments of 1989), students and parents will be given annual notice of the standard of conduct the district requires regarding controlled substance and alcohol use, and a statement of the disciplinary sanctions for violations of that standard.

The District will also, in consultation with staff, students, student’s families, and the community, periodically review and update the District’s rules, policies, and procedures related to student discipline.

Rights and responsibilities of certificated staff

Certificated staff will have the right to:

  • Expect students to comply with school rules;
  • Develop and/or review building rules relating to student conduct and control at least once each year. Building rules will be consistent with district rules relating to student conduct;
  • Receive any complaint or grievance regarding corrective action of students. Certificated staff will be given the opportunity to present their version of the incident and to meet with the complaining party in the event that a conference is arranged;
  • Use such reasonable action as is necessary to protect himself/ herself, a student, or others from physical abuse or injury;
  • Detain a student after school, with due consideration for bus transportation.​

Teachers have the right to exclude any student who creates a disruption of the educational process in violation of building disciplinary standards, while under the teacher’s supervision, from his/her individual classroom or instructional or activity area for all or any portion of the balance of the school day or until the principal or designee and teacher have conferred, whichever occurs first.  Except in emergency circumstances as provided for in WAC 392-400-290 (see Emergency Removal below), the teacher will attempt one or more forms of corrective action prior to excluding the student.  In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal and the teacher have conferred.

Certificated staff will have the responsibility to:

  • Observe the rights of students;
  • Supervise student behavior and enforce the rules of student conduct fairly, consistently, and without discrimination. Any infractions will be reported orally and in writing to the principal as soon as possible regardless of any corrective actions taken by the teacher;
  • Maintain good order in the classroom, in the hallways, on the playgrounds or other common areas of the school, and on school buses (i.e., during field trips);
  • Maintain accurate attendance records and report all cases of truancy;
  • Set an appropriate example of personal conduct and avoid statements which may be demeaning or personally offensive to any student or group of students; and
  • Meet with a parent(s) within five (5) school days upon request to hear a complaint regarding the use of classroom materials and/or teaching strategies that are being employed in the classroom.

Principals will have the responsibility to:

  • Impose suspension or expulsion when appropriate;
  • Notify parents when students are suspended or expelled; and
  • Confer with certificated staff at least once per year to develop and/or review rules of conduct to be employed in the school and corrective actions that may be employed in the event of rule infractions.​

Unexcused absences and tardiness

Students with one or more unexcused absences and/or tardiness and subject to compulsory attendance pursuant to Chapter 28A.225 RCW may be subject to corrective action that is reasonably calculated to modify the student’s conduct.  However, if a district imposes corrective action on a student for one or more unexcused absences, it must:

  • Provide notice to the student’s parent/guardian in writing in English or the primary language of the parent/guardian, that the student has failed to attend school without valid justification, and by any other means necessary to provide notice of these facts;
  • Schedule a conference or conferences with the parents/guardians and the student to analyze the causes of the student’s absences and determine whether the student would be appropriately placed in a special program designed for his/her educational success; and
  • Take steps to reduce the student’s absences, which include, where appropriate in the judgment of district staff, adjustments to the student’s school program or school or courses or assisting the parent/guardian in obtaining supplementary services.

Additionally, a student’s academic grade or credit may only be adversely affected by reason of tardiness or absences if:

  • The student’s attendance or participation is related to the instructional objectives or goals of the particular subject or course;
  • The student’s attendance or participation has been identified by the teacher pursuant to district policy as a basis for grading the subject or course; and
  • The circumstances pertaining to the student’s inability to attend school have been taken into consideration, including whether the absences are directly related to the student’s disability under Section 504 of the Rehabilitation Act of 1964, Title II of the Americans with Disabilities Act (ADA) or the Individuals with Disabilities Education Act (IDEA).

Alternative forms of corrective action

The board encourages the use of alternative forms of correction action when possible and practicable in light of the duty to maintain safe and orderly school environments conducive to student learning. District administrators may consider alternative forms of corrective action—including programs intended to lessen the time of exclusion from class attendance—which have been approved by the board and/or superintendent.

Except in cases involving exceptional misconduct, district administrators must impose alternative forms of corrective action for incidents of misbehavior prior to imposing a suspension or expulsion for the same type of misbehavior.

Student disciplinary boards

The board recognizes that a student’s behavior may be positively influenced when an incident giving rise to corrective action is reviewed by a panel of the student’s peers.  The board may, in its discretion, authorize the establishment of one or more student disciplinary boards composed of students, which may also include teachers, administrators, parents or any combination thereof pursuant to WAC 392-400-220.  The student disciplinary board may be authorized to prescribe reasonable discipline and may recommend suspension or expulsion to the appropriate school authority.  The school authority will be authorized to set aside or modify the student disciplinary board’s recommendation.

Student discipline

Student discipline will be enforced in order to maintain a safe and orderly school environment that is conducive to student learning.

The methods employed in enforcing the rules of student conduct involve professional judgment. Such judgment should be:

  • Consistent from day to day and student to student;
  • Guided by appropriate classroom management strategies;
  • Balanced against the severity of the misconduct;
  • Appropriate to the student’s circumstances and prior behavior;
  • Fair to the student, parent/guardian, and others; and
  • Effective.​

Since these criteria may conflict, established procedures must be followed in correcting misbehavior. No form of discipline will be enforced in such a manner as to prevent a student from accomplishing specific academic grade, subject or graduation requirements.  Appeal procedures have been established in order to provide for an opportunity for every corrective action to be reviewed by someone in authority and to instill confidence among students and parents as to the essential fairness of staff.

Detention

For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students after school hours for not more than 30 minutes on any given day.

Preceding the assignment of detention, the staff member will inform the student of the nature of the offense charged and of the specific conduct which allegedly constitutes the violation. The student will be afforded an opportunity to explain or justify his/her actions to the staff member.

Detention will not begin until the parent/guardian has been notified (except in the case of an adult student) for the purpose of informing him/her of the basis and reason for the detention and to permit him/her to make arrangements for the necessary transportation of the student when he/she has been detained after school hours for corrective action.

Students detained for corrective action will be under the direct supervision of the staff member or another member of the professional staff.

Grievance and appeal process for student discipline

Any parent/guardian or student who is aggrieved by the imposition of discipline will have the right to an informal conference with the principal for the purpose of resolving the grievance. The employee whose action is being grieved will be notified of the grievance as soon as reasonably possible.

At such conference the student and parent/guardian will be subject to questioning by the principal and will be entitled to question staff involved in the matter being grieved.

After exhausting this remedy, the parent/guardian and student will have the right, upon two (2) school business days’ prior notice, to present a written and/or oral grievance to the superintendent or designee.

If the grievance is not resolved, the parent/guardian and student, upon two (2) school business days’ prior notice, have the right to present a written or oral grievance to the board during its next regular meeting, or at a meeting held within 30 days, whichever is earlier. A closed meeting may be held for the purpose of considering the grievance. The board will notify the parent and student of its response to the grievance within ten (10) school business days after the date when the grievance was presented. The disciplinary action will continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action.

Alternatively, the board may delegate its authority to hear and decide discipline and short-term suspension grievance appeals to a school district disciplinary appeal council established pursuant to WAC 392-400-310(1).

Emergency removal from class or subject

A student may be removed immediately from a class or subject by a teacher or administrator without other forms of corrective action and sent to the principal or a designated school official, without first attempting corrective action, provided that the teacher or administrator has good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students or staff or an immediate and continuing threat of substantial disruption of the class, subject, or educational process of the student’s school. The removal will continue only until:

A. The danger or threat ceases; OR

B. The principal or designee acts to impose corrective action.

The principal or designee will meet with the student as soon as reasonably possible following the removal and take or initiate appropriate corrective action.  The meeting will take place no later than the beginning of the school day following the student’s emergency removal.  The teacher or administrator who removed the student will be notified of the action taken or initiated.

Suspensions, Expulsions, and Discretionary Discipline

Suspensions (including long-term suspensions) and expulsions may be imposed for any of the following student behaviors:

Having a firearm on school property or school transportation in violation of RCW 28A.600.420;

Any of the following offenses listed in RCW 13.04.155, including:

  • any violent offense as defined in RCW 9.94A.030, including
  • any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a class A felony;
    manslaughter;
  • indecent liberties committed by forcible compulsion;
  • kidnapping;
  • arson;
  • assault in the second degree;
  • assault of a child in the second degree;
  • robbery;
  • drive-by shooting; and
  • vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner;
  • any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to registered as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism, and any felony conviction or adjudication with a sexual motivation finding;
  • inhaling toxic fumes in violation of chapter 9.47A RCW;
  • any controlled substance violation of chapter 69.50 RCW;
  • any liquor violation of RCW 66.44.270;
  • any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280;
  • any violation of chapter 9A.36 RCW, including assault, malicious harassment, drive-by shooting, reckless endangerment, promoting a suicide attempt, coercion, assault of a child, custodial assault, and failing to summon assistance for an injured victim of a crime in need of assistance;
  • any violation of chapter 9A.40 RCW, including kidnapping, unlawful imprisonment, custodial interference, luring, and human trafficking;
  • any violation of chapter 9A.46 RCW, including harassment, stalking, and criminal gang intimidation; and
  • any violation of chapter 9A.48 RCW, including arson, reckless burning, malicious mischief, and criminal street gang tagging and graffiti;

Two or more violations of the following within a three-year period

  • criminal gang intimidation in violation of RCW 9A.46.120:
  • gang activity on school grounds in violation of RCW 28A.600.455;
  • willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and
  • defacing or injuring school property in violation of RCW 28A.635.060; and

Any student behavior that adversely affects the health or safety of other students or educational staff.

Unless otherwise required by law, school administrators are not required to impose a long-term suspension or expulsion for the misconduct listed above, and whenever reasonable school administrators should first consider alternative sanctions.

For student behaviors—including specific offenses contained in Policy 3240 and procedure 3240P—that do not fall within one or more of the categories listed above, schools may only impose discretionary discipline as defined in this procedure. Schools may not impose long-term suspension or expulsion as a form of discretionary discipline, but may impose other sanctions up to and including short-term suspension in a manner consistent with this procedure.

Short-term suspension

Conditions and limitations

The nature and circumstances of the student conduct violation must reasonably warrant a short-term suspension. As a general rule, no student will be suspended for a short term unless other forms of corrective action reasonably calculated to modify his/her conduct have previously been imposed upon the student as a consequence of misconduct of the same nature.

No student in grades kindergarten through fourth grade will be suspended for more than a total of ten (10) school days during any single semester or trimester and no loss of academic grades or credit will be imposed by reason of the suspension.

No student in fifth grade and above will be suspended for more than a total of fifteen (15) school days during any single semester or ten school days during any single trimester.

Continuation of educational services

The district will not suspend the provision of educational services during a period of short-term suspension and will provide the student the opportunity to receive such services. Educational services may be provided in an alternative setting, provided that such setting is comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of a short-term suspension. Examples of alternative setting may include, but not be limited to, alternative schools or classrooms, one-on-one tutoring when available, and online learning. Upon a student’s return, the student will be provided the opportunity to make up assignments and tests that may have been missed during the suspension if the assignments or tests have a sub

The principal will notify special education staff of any short-term suspensions to be imposed for a student who is currently eligible for special education services or those who might be deemed eligible for special education. To the extent that short-term suspensions may cumulatively or consecutively exceed ten school (10) days, (see Procedure 2161P, Special Education and Related Services for Eligible Students, Discipline section) the principal will notify relevant special education staff so that the district can ensure that special education discipline procedures are in place, in addition to general education discipline procedures.

In-school suspension

Students who are denied attendance at school are denied the opportunity to learn. The district has therefore created an in-school suspension program which temporarily removes the student from his/her regular learning environment but permits the student to maintain his/her educational progress. An in-school suspension is no different from any other suspension as defined by WAC 392-400-205, and therefore triggers the same substantive and procedural due process, including student and parent/guardian notification.

Students who are assigned to in-school suspension are granted this opportunity as a privilege and are expected to comply with the expectations of staff. The superintendent will establish guidelines for the operation of the in-school suspension program.

Suggested guidelines for in-school suspension are as follows:

  • A student who is afforded the opportunity to be assigned to in-school suspension will agree to the conditions specified by the school principal.  Unless the student is of majority age, the principal will obtain written authorization from the parent or guardian.  The student’s or parents’ or guardians’ authorization will include the number of days the student will be assigned to in-school suspension.
  • In-school suspension is designed to encourage learning.  Students will be expected to work on their classroom assignments at all times.
  • A student in in-school suspension will attend a single subject or class or any full schedule of subjects or classes in a separate location on school property from their regular subject or class or schedule and/or classmates.
  • The student will be denied the opportunity to participate in any school activities while in in-school suspension.
  • While in-school suspended, the student and staff may develop a behavior contract that defines the future expected behavior of the student. The student and his/her parents/guardians and a staff member will sign the contract.
  • Any act of inappropriate conduct may result in imposition of other corrective action.
  • After a student is placed back into the regular classroom(s), the principal or designee or school counselor will monitor the student’s progress on a daily basis. The student will be encouraged to maintain a relationship with the school counselor as a means of dealing with any problems that arise.
  • Specific rules and building procedures will be developed by the building principal.

​Exceptional misconduct

A student may be short-term suspended for exceptional misconduct, other than absenteeism, when such misconduct is of such frequent occurrence or is so serious in nature and/or is so serious in terms of disruption to the operation of the school that immediate suspension is warranted. In cases of exceptional misconduct, a short-term suspension may be imposed without first attempting alternative forms of corrective action. The superintendent, following consultation with a representative ad hoc citizens’ committee, will recommend for board adoption, the nature and extent of the corrective actions which may be imposed as a consequence of exceptional misconduct.  (See Procedure 3240P). An exception may be granted by an administrator when warranted by extenuating circumstances.

Prior notice and conference

Prior to the short-term suspension of a student, the principal or designee will conduct a conference with the student and provide:

  • An oral or written notice of the charges;
  • An oral or written explanation of the evidence in support of the allegation(s); AND
  • An oral or written explanation of the short-term suspension which may be imposed.

​The student will be provided an opportunity to present his/her explanation of the allegation(s).

If the short-term suspension is to exceed one (1) calendar day, the principal or designee will notify the student’s parent/guardian of the reason for the suspension and its duration either orally or by U.S. mail as soon as reasonably possible.  The notice will also address the parent/guardian’s right to an informal conference pursuant to WAC 392-400-255 and the fact that the suspension may be reduced as a result of such conference.

Grievance and appeal process for short-term suspension

Any parent/guardian or student who is aggrieved by the imposition of a short-term suspension will have the right to an informal conference with the principal or designee for the purpose of resolving the grievance. At such conference the student and parent will be subject to questioning by the principal and will be entitled to question staff involved in the matter being grieved.

The parent/guardian and student after exhausting this remedy will have the right, upon two (2) school business days’ prior notice, to present a written and/or oral grievance to the superintendent.

If the grievance is not resolved, the parent/guardian and student, upon two (2) school business days’ prior notice, will have the right to present a written or oral grievance to the board at its next regular meeting, or at a meeting held within 30 days, whichever is earlier. A closed meeting may be held for the purpose of considering the grievance.

The board will notify the parent/guardian and student of its response to the grievance within ten (10) school business days after the date when the grievance was presented. The short-term suspension will continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action.

Readmission

Any student who has been short-term suspended will be allowed to make application for readmission at any time in accordance with district policy and procedure. (See also Readmission Application Process, below)

Reporting

Principals will report all short-term suspensions and the reasons therefor to the superintendent or designee within twenty-four (24) hours after the imposing the short-term suspension.

Emergency expulsion

Conditions and limitations

Schools may not impose an emergency expulsion for an immediate and continuing danger or threat of substantial disruption unless the student’s misconduct falls within one or more of the categories listed in this procedure above (“Suspension, Expulsions, and Discretionary Discipline”). If the student’s behavior falls within one or more of such categories, a student may be emergency expelled based on the conditions below. An emergency expulsion may not be imposed as a form of discretionary discipline, as defined in this procedure. In addition, an emergency expulsion may not be imposed solely for the purposes of investigating student conduct.

A student may be immediately removed from school prior to a hearing without other forms of corrective action if the superintendent or designee has good and sufficient reason to believe that the student poses:

A. An immediate and continuing danger to other students or school staff; OR

B. An immediate and continuing threat of substantial disruption of the educational process.

Such emergency expulsion must end or be converted to another form of corrective action within ten (10) school days of the date of the expulsion. If the emergency expulsion is converted to another form of corrective action, the district will provide the student and/or parents/guardians with notice and due process rights appropriate to the new corrective action.

Continuation of educational services

The district will not suspend the provision of educational services during a period of emergency expulsion and will provide the student the opportunity to receive such services. Educational services may be provided in an alternative setting, provided that such setting is comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of an emergency expulsion. Examples of alternative setting may include, but not be limited to, alternative schools or classrooms, one-on-one tutoring when available, and online learning.

Notice of hearing

The district will notify the student and his/her parents/guardians of the emergency expulsion and of their opportunity for a hearing by:

  • Hand-delivery of written notice within twenty-four hours of expulsion  (school districts must document delivery of the notice by obtaining the signature of the student’s parents/guardians acknowledging receipt or the written certification of the person making the delivery); OR
  • Certified letter mailed within twenty-four hours of the expulsion (reasonable attempts to contact the parents/guardians by phone or in person will also be made as soon as reasonably possible).

The district’s written and oral notice of emergency expulsion and opportunity for hearing will:

  • Be provided in a language the student and/or a parent/guardian can understand, if other than English;
  • Specify the alleged reasons that the student’s presence poses an immediate and continuing danger to students, school staff, or poses an immediate and continuing threat of substantial disruption of the educational process.
  • Set forth the date on which the emergency expulsion began and when it will end;
  • Set forth the right of the student and/or his or her parents/guardians to a hearing for purposes of contesting the allegations as soon as is reasonably possible; and
  • ​Set forth the facts that:​
    • A written or oral request for hearing must be received by a designated school employee or his or her office on or before the end of the third school business day after receipt of the notice of opportunity for hearing; AND
    • If the request is not received within three school business days, then the right to a hearing may be deemed waived and the emergency expulsion may be continued, if deemed necessary, for up to ten (10) school days from the date of the student’s emergency expulsion from school without any further opportunity for the student or his or her parent/guardian to contest it.

As a best practice, the district should provide a schedule of school business days with the notice.

The student and/or his or her parents/guardians must request a hearing within three (3) school business days after receipt of the notice of opportunity for hearing.  The request may be provided in writing or orally, but must be provided to the district employee specified in the notice or their office. If a request for hearing is not received within the required period, the district may deem the right to hearing waived and the emergency expulsion may be imposed for up to ten (10) school days from the date of the expulsion from school.

Prehearing and hearing

If a request for hearing is received within three (3) school business days after receipt of notice, the school district will immediately schedule and give notice of a hearing to commence as soon as reasonably possible and no later than the second school business day after receipt of the request for hearing.

The student and his/her parents/guardians have the right to:

  • Be represented by legal counsel;
  • Inspect in advance of the hearing any documentary and physical evidence that the district intends to introduce at hearing;
  • Question and confront witnesses (see WAC 392-400-305 for procedure if a school district witness does not appear);
  • Explain the alleged misconduct;
  • Present relevant affidavits, exhibits, and witnesses.
  • The district and/or its representative have the right to inspect in advance of the hearing evidence that the student and his/her parents/guardians intend to introduce at the hearing.

The hearing will be conducted before a hearing officer appointed by the superintendent. Such hearing officer will not be a witness to the alleged conduct.  Ideally, the individual selected to be the hearing officer will possess both district administration experience and/or legal training and/or prior experience conducting quasi-judicial hearings.  Either a tape-recorded or verbatim record of the hearing will be made.

When students are charged with violating the same rule and have acted in concert and the facts are essentially the same for all students, a single hearing may be conducted for them if the hearing officer believes that the following conditions exist:

A. A single hearing will not likely result in confusion; AND

B. No student will have his/her interest substantially prejudiced by a group hearing.

If the hearing officer finds that during the hearing a student’s interests will be substantially prejudiced by the group hearing, he/she may order a separate hearing for that student.  The parent and student have the right to petition for an individual hearing.

The hearing officer will determine, based solely on the evidence presented at hearing, and set forth in his/her written decision:

  • Findings of fact as to whether the student has been afforded appropriate procedural due process (e.g., notice, opportunity to inspect evidence prior to hearing);
  • Findings of fact as to the alleged misconduct;
  • A conclusion as to whether the student’s immediate and continuing danger to students and/or school staff OR immediate and continuing threat of substantial disruption of the educational process giving rise to the emergency expulsion has terminated; AND
  • A conclusion as to whether the emergency expulsion shall be converted to another form of corrective action or stand as imposed.

Within one (1) school business day after the date upon which the hearing concludes, the hearing officer will issue the decision and the district will provide notice of such decision to the student and the student’s parents/guardians and legal counsel, if any, by depositing a letter in certified U.S. mail.

If the hearing officer concludes in his/her decision that the emergency expulsion shall be converted to another form of corrective action, the district must provide notice of all due process rights to the student and parent/guardian for the appropriate corrective action.  For appeals from a hearing officer decision regarding an emergency expulsion, see Appeals of long-term suspension and expulsion, below.

Long-term suspension

Conditions and limitations

Schools may not impose a long-term suspension unless the student’s misconduct falls within one or more of the categories listed in this procedure above (“Suspension, Expulsions, and Discretionary Discipline”). If the student’s behavior falls within one or more of such categories, a student may be long-term suspended for violation of school district rules provided that the long-term suspension does not exceed the length of an academic term as defined by the school board. A long-term suspension may not be imposed as a form of discretionary discipline, as defined in this procedure.

The nature and circumstances of the violation must reasonably warrant a long-term suspension. As a general rule, no student will be long-term suspended unless other forms of corrective action reasonably calculated to modify his/her conduct have previously been imposed upon the student as a consequence of misconduct of the same nature.

No student in grades kindergarten through fourth grade will be long-term suspended during any single semester or trimester and no loss of academic grades or credit will be imposed by reason of the suspension.

No student in fifth grade and above will be long-term suspended in a manner that causes the student to lose academic grades or credit for longer than one semester or trimester during the same school year.

The principal will notify special education staff of any long-term suspension to be imposed for a student who is currently eligible for special education services or those who might be deemed eligible for special education. To the extent that suspensions may cumulatively or consecutively exceed ten (10) days, the principal will notify relevant special education staff so that the district can ensure that special education discipline procedures are in place, in addition to general education discipline procedures.

Exceptional misconduct

A student may be long-term suspended for exceptional misconduct, other than absenteeism, when such misconduct is of such frequent occurrence or is so serious in nature and/or is so serious in terms of disruptive effect on the operation of the school that an immediate resort to a long-term suspension is warranted.  In cases of exceptional misconduct, a long-term suspension may be imposed without first attempting alternative forms of corrective action. The superintendent, following consultation with a representative ad hoc citizens’ committee, will recommend for board approval, the nature and extent of the corrective actions which may be imposed as a consequence of exceptional misconduct.  (See Procedure 3240P).  An exception may be granted by an administrator and/or hearing officer when warranted by extenuating circumstances.

Continuation of educational services

The district will not suspend the provision of educational services during a period of long-term suspension and will provide the student the opportunity to receive such services. Educational services may be provided in an alternative setting, provided that such setting is comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of a long-term suspension. Examples of alternative setting may include, but not be limited to, alternative schools or classrooms, one-on-one tutoring when available, and online learning.

Notice of hearing

Prior to imposing a long-term suspension, the district will provide the student and/or his/her parents/guardians a written notice of opportunity for hearing.  The notice will be delivered in person or by certified mail. The notice will:

  • Be provided in a language the student and his or her parents/guardians can understand, if other than English;
  • Specify the alleged misconduct and the school district rule(s) alleged to have been violated;
  • Set forth the proposed long-term suspension;
  • Set forth the right to a hearing for the purpose of contesting the allegation(s); AND
  • Set forth the facts that:
    • A written or oral request for hearing must be received by the superintendent or their office on or before the end of the third school business day after the notice is received; and
    • If such a request is not received within that period, the hearing will be deemed waived and the proposed long-term suspension may be imposed without further opportunity for the student and/or their parent/guardian to contest it.

As a best practice, the district should provide a schedule of school business days with the notice.

The student and/or his or her parents/guardians must request a hearing within three (3) school business days after receipt of the notice of opportunity for hearing.  The request may be provided in writing or orally, but must be provided to the district employee specified in the notice or their office. If a request for hearing is not received within the required period, the district may deem the right to hearing waived and the long-term suspension may be imposed.

Pre-hearing and hearing

If a request for hearing is received within three (3) school business days after receipt of notice, the school district will schedule a hearing to begin within three (3) school business days after the date of receiving the request.

The student and parent/guardian have the right to:

  • Be represented by legal counsel;
  • Inspect in advance of the hearing any documentary and physical evidence that the district intends to introduce at hearing;
  • Question and confront witnesses (see WAC 392-400-305 for procedure if a school district witness does not appear);
  • Explain the alleged misconduct;
  • Present relevant affidavits, exhibits, and witnesses.

The district and/or its representative have the right to inspect in advance of the hearing evidence that the student and his/her parents/guardians intend to introduce at the hearing.  Either a tape-recorded or verbatim record of the hearing will be made.

The hearing will be conducted before a hearing officer appointed by the superintendent. Such hearing officer will not be a witness to the alleged conduct.  Ideally, the individual selected to be the hearing officer will possess both district administration experience and/or legal training and/or prior experience conducting administrative hearings.

When students are charged with violating the same rule and have acted in concert and the facts are essentially the same for all students, a single hearing may be conducted for them if the hearing officer believes that the following conditions exist:

A. A single hearing will not likely result in confusion; AND

B. No student will have his/her interest substantially prejudiced by a group hearing.

If the hearing officer finds that during the hearing a student’s interests will be substantially prejudiced by the group hearing, he/she may order a separate hearing for that student.  The parent and student have the right to petition for an individual hearing.

The hearing officer will determine, based solely on the evidence presented at hearing, and set forth in his/her written decision:

  • Findings of fact as to whether the student has been afforded appropriate procedural due process (e.g., notice, opportunity to inspect evidence prior to hearing);
  • Findings of fact as to the alleged misconduct; AND
  • A conclusion as to whether the nature and duration of the proposed long-term suspension is appropriate or whether a lesser form of corrective action should be imposed.

The hearing officer will issue the decision and the district will provide notice of such decision to the student’s legal counsel, or, if none, to the student’s and his/her parents/guardians.

If the hearing officer decides that a long-term suspension is appropriate, the parent/guardian and student will have the right to appeal that decision to the school board or school district disciplinary appeal council by filing a written or oral notice of appeal at the office of the superintendent or the hearing officer within three (3) school business days after the date of receipt of the decision.

If a timely notice of appeal is not provided to the district, the long-term suspension may be imposed as of the calendar day following expiration of the three (3) school business day period (see Appeal Process for Long-Term Suspension or Expulsion, below).

Readmission

Any student who has been long-term suspended will be allowed to make application for readmission   at any time in accordance with district policy and procedure. (See also Readmission Application Process, below)

Reporting

Principals will report all long-term suspensions and the reasons therefor to the superintendent or designee within twenty-four (24) hours after the imposing the expulsion.

Expulsion

Conditions and limitations

Schools may not expel a student unless the student’s misconduct falls within one or more of the categories listed in this procedure above (“Suspension, Expulsions, and Discretionary Discipline”). If the student’s behavior falls within one or more of such categories, a student may be expelled for a violation of school district rules, provided that the expulsion does not exceed the length of an academic term as defined by the school board. An emergency expulsion may not be imposed as a form of discretionary discipline, as defined in this procedure.

The nature and circumstances of the alleged violation must reasonably warrant the harshness of expulsion. No student will be expelled unless other forms of corrective action reasonably calculated to modify his or her conduct have failed or there is good reason to believe that other forms of corrective action would fail if used.

The district will make reasonable efforts to assist students in returning to an educational setting prior to, and no later than, the end date of the expulsion.

An expulsion may not exceed the length of the academic term unless:

A. The school petitions the superintendent for an extension; AND

B. The superintendent authorizes the extension in compliance with the superintendent of public instruction’s rules adopted for this purpose (see Petition for extension of expulsion below).

Once a student is expelled in compliance with district policy, the expulsion will be brought to the attention of appropriate local and state authorities, including, but not limited to, juvenile authorities acting pursuant to the Basic Juvenile Court Act, so that such authorities may address the student’s educational needs.

Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, will be expelled from school for not less than one calendar year pursuant to RCW 28A.600.420 with notification to parents/guardians and law enforcement. The superintendent may modify the expulsion of a student on a case-by-case basis.

Continuation of educational services

The district will not suspend the provision of educational services during a period of expulsion and will provide the student the opportunity to receive such services. Educational services may be provided in an alternative setting, provided that such setting is comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of an expulsion. Examples of alternative setting may include, but not be limited to, alternative schools or classrooms, one-on-one tutoring when available, and online learning.

Notice of hearing

Prior to the expulsion of a student, the district will provide the student and/or his/her parents/guardians a written notice of opportunity for hearing.  The notice will be delivered in person or by certified mail. The notice will:

  • Be provided in a language the student and his or her parents/guardians can understand, if other than English;
  • Specify the alleged misconduct and the school district rule(s) alleged to have been violated;
  • Set forth the proposed long-term suspension;
  • Set forth the right to a hearing for the purpose of contesting the allegation(s); AND
  • Set forth the facts that:
    • A written or oral request for hearing must be received by the superintendent or their office on or before the end of the third school business day after the notice is received; and
    • If such a request is not received within that period, the hearing will be deemed waived and the proposed long-term suspension may be imposed without further opportunity for the student and/or their parent/guardian to contest it.

Prehearing and hearing

If a request for hearing is received within three (3) school business days after receipt of notice, the school district will schedule a hearing to begin within three (3) school business days after the date of receiving the request.

The student and parent/guardian have the right to:

  • Be represented by legal counsel;
  • Inspect in advance of the hearing any documentary and physical evidence that the district intends to introduce at hearing;
  • Question and confront witnesses (see WAC 392-400-305 for procedure if a school district witness does not appear);
  • Explain the alleged misconduct;
  • Present relevant affidavits, exhibits, and witnesses.

The district and/or its representative have the right to inspect in advance of the hearing evidence that the student and his/her parents/guardians intend to introduce at the hearing.  Either a tape-recorded or verbatim record of the hearing will be made.

The hearing will be conducted before a hearing officer appointed by the superintendent. Such hearing officer will not be a witness to the alleged conduct.  Ideally, the individual selected to be the hearing officer will possess both district administration experience and/or legal training and/or prior experience conducting quasi-judicial hearings.

The hearing is a quasi-judicial process exempt from the Open Public Meetings Act (OPMA).  To protect the privacy of student(s) and others involved, the hearing will be held without public notice and without public access unless the student(s) and/or the parent(s)/guardian(s) or their counsel requests an open hearing. Regardless of whether the hearing is open or closed, the district will comply with the Family Educational Rights and Privacy Act (FERPA) in regard to confidentiality of student education records.

When students are charged with violating the same rule and have acted in concert and the facts are essentially the same for all students, a single hearing may be conducted for them if the hearing officer believes that the following conditions exist:

A. A single hearing will not likely result in confusion; AND

B. No student will have his/her interest substantially prejudiced by a group hearing.

If the hearing officer finds that during the hearing a student’s interests will be substantially prejudiced by the group hearing, he/she may order a separate hearing for that student.  The parent and student have the right to petition for an individual hearing.

The hearing officer will determine, based solely on the evidence presented at hearing, and set forth in his/her written decision:

  • Findings of fact as to whether the student has been afforded appropriate procedural due process (e.g., notice, opportunity to inspect evidence prior to hearing);
  • Findings of fact as to the alleged misconduct; AND
  • A conclusion as to whether the expulsion is appropriate OR whether a lesser form of corrective action should be imposed.

The hearing officer will issue the decision and the district will provide notice of such decision to the student’s legal counsel, or, if none, to the student’s and his/her parents/guardians.

The student and parent/guardian will have the right to appeal the hearing officer’s decision to the school board or school district disciplinary appeal council by filing a written or oral notice of appeal at the office of the superintendent or the hearing officer within three (3) school business days after the date of receipt of the decision.  If a timely notice of appeal is not provided to the district, the expulsion may be imposed as of the calendar day following expiration of the three (3) school business day period.

If a timely notice of appeal is received, see Appeal Process for Long-Term Suspension or Expulsion, below.

Readmission

Any student who has been expelled will be allowed to make application for readmission at any time in accordance with district policy and procedure. (See also Readmission Application Process, below)

Reporting

Principals will report all long-term suspensions and the reasons therefor to the superintendent or designee within twenty-four (24) hours after the imposing the expulsion.

Petition for extension of expulsion

The principal or designee may petition the superintendent for authorization to exceed the length of one academic term for a student’s expulsion when warranted because of a perceived risk to public health and safety.  The petition may be submitted any time after final imposition of the expulsion and prior to the end of the expulsion.  The petition will include:

  • A detailed description of the student’s misconduct, the school rules that were violated, and the public health or safety concerns of the district;
  • A detailed description of the student’s academic, attendance and discipline history, if any;
  • A description of the lesser forms of corrective action that were considered and the reasons why they were rejected;
  • A description of all alternative learning experiences, vocational programs and/or other educational services that may be available to the student;
  • The proposed extended length of the expulsion;
  • Identification of special education services or accommodations pursuant to Section 504 of the Rehabilitation Act of 1973, if appropriate;
  • A proposed date for the reengagement meeting.

A copy of the petition will be delivered in person or by certified mail to the student and his/her parents/guardians in a language they can understand, if other than English. if feasible.  The student and/or parents/guardians may submit a written or oral response to the petition within ten (10) school business days of receipt of the petition.

Within eleven (11) school business days, but no later than twenty (20) school business days from delivery of the petition to the student and parent/guardians, the superintendent will issue a written decision granting or denying the petition.  The superintendent, in his/her discretion, may grant the petition if evidence exists that if a student was to return at or before one calendar year, he/she would pose a risk to public health or safety. The written decision will include a description of rights and procedures for appeal.

The student and/or parents/guardians may appeal the decision within ten (10) school business days of receipt of the decision to the school board.

 

The district will report the number of petitions submitted, approved and denied to the office of the superintendent of public instruction annually.

Board option to delegate authority to hear appeals

The board may delegate its authority to hear and decide long-term suspension and expulsion appeals to a school district disciplinary appeal council established by the board.  Members of such councils will be appointed by the board for fixed terms and shall consist of no less than three persons.  If such a council is established, the student and/or his/her parents/guardians have the right to appeal the hearing officer decision to the board or the disciplinary appeal council.

Appeal process for long-term suspension and expulsion

If a timely notice of appeal is received, the long-term suspension or expulsion may be imposed during the appeal period if:

  • The long-term suspension or nonemergency expulsion is imposed for no more than ten (10) consecutive days or until the appeal is decided, whichever is the shortest period.
  • Any days that the student is suspended or expelled before the appeal is decided are applied to the term of suspension or expulsion and will not limit or extend the term of the suspension or extend the term of suspension or expulsion; and
  • A suspended student who returns to school before the appeal is decided will be provided the opportunity upon return to make up assignments and tests missed by reason of suspension if:
    • Such assignments or tests have a substantial effect on the student’s semester or trimester grade or grades; OR
    • Failure to complete such assignment or tests would result in denial of course credit.

The board will schedule and hold a meeting to informally review the matter within ten (10) school business days from receipt of such appeal. The purpose of the meeting will be to confer with the parties in order to decide upon the most appropriate means of handling the appeal. At that time the student, parent/guardian, and/or counsel will be given the right to be heard and will be granted the opportunity to present such witnesses and testimony as the board deems reasonable.

Prior to adjournment, the board will agree to one of the following procedures:

  • Study the hearing record or other materials submitted and record its findings within ten (10) school business days; OR
  • Schedule and hold a special meeting to hear further arguments on the case and record its findings within fifteen (15) school business days; OR
  • Hear and try the case de novo before the board within ten (10) school business days.

Any decision by the board to impose or to affirm, reverse or modify the imposition of suspension or expulsion upon a student will be made only by:

  • Those board members who have heard or read the evidence;
  • Those board members who have not acted as a witness in the matter; AND
  • A majority vote at a meeting at which a quorum of the board is present.

Within thirty (30) days of receipt of the board’s final decision, any parent and student desiring to appeal any action upon the part of the board regarding the suspension or expulsion may serve a notice of appeal upon the board and file such notice with the Superior Court Clerk of the County.

Reengagement Meeting and Plan

The district must convene a reengagement meeting with the student and their parent(s)/guardian(s) within twenty (20) days of a long-term suspension or expulsion but no later than five (5) days before the student’s reentry or reenrollment to school.

The district must create a plan tailored to the student’s individual circumstances that includes consideration of the incident that led to the student’s long-term suspension or expulsion.  The plan should aid the student in taking the necessary steps to remedy the situation that led to the suspension or expulsion. Additionally, the district will take reasonable steps to develop the plan with the participation and input of the student and their parent(s)/guardian(s) to ensure that it is culturally sensitive and culturally responsive.

In developing the reengagement plan, the district should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action and supportive interventions that aid in the student’s academic success and keep the student engaged and on track to graduate.

A reengagement meeting conducted by the district involving the student and his/her parents/guardians is not intended to replace a petition for readmission.

Readmission Application Process

Any student who has been suspended or expelled will be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which he/she has been suspended/ expelled, the student will submit a written application to the principal, who will recommend admission or non-admission. If a student wishes admission to another school, he/she will submit the written application to the superintendent. The application will include:

  • Reasons the student wants to return and why the request should be considered;
  • Evidence which supports the request; AND
  • A supporting statement from the parent or others who may have assisted the student.

The superintendent will advise the student and parent/guardian of the decision within seven (7) school days of the receipt of such application.

Management Resources:
2016 – July Issue
2014 – August Issue

Revised Date: 09/22/2016
Raymond School District #116



3243—STUDENT DRIVING

The board regards the use of motor vehicles and bicycles for travel to and from school and during the school day as an assumption of responsibility by parents and students.

The operation of a vehicle on campus is a privilege and students are expected to practice common driving courtesy in and around the campus. Failure to do so may result in a suspension or revocation of driving rights.

A. Students are expected to enter, exit and park in a courteous and safe manner.

B. Students may not occupy a vehicle without permission during the school day.

C. Students who choose to leave campus are expected to obey traffic laws, adapt to driving conditions and return to class on time.

D. Student conduct rules concerning drugs, alcohol, firearms, etc., extend to a student’s vehicle.

Students who fail to adhere to these expectations will be subject to revocation of their driving privilege.

1. First Offense Two-week suspension of privilege

2. Second Offense Four-week suspension of privilege

3. Third Offense Revocation of privilege for the balance of the school year

Adoption Date: 04/26/2012
Raymond School District #116



3244—PROHIBITION OF CORPORAL PUNISHMENT

Corporal punishment is any act which willfully inflicts or willfully causes the infliction of physical pain on a student, and is not permitted.

Corporal punishment does not include:

1. The use of reasonable physical force by an administrator, teacher, other school employee or volunteer as necessary to maintain order to prevent a student from harming him/herself, other students, school staff and other persons, or property;

2. Physical pain or discomfort resulting from or caused by training for or participation in athletic competition or recreational activity voluntarily engaged in by a student;

3. Physical exertion shared by all students in a teacher directed class activity, which may include, but is not limited to, physical education exercises, field trips or vocational education projects; or

4. Physical restraint or the use of aversive therapy as part of a behavior management program in a student’s individual education program which has been signed by the parent and is carried out according to district procedures in compliance with WAC 392-171-800(30).

Cross Reference:
Board Policy 3241 Corrective Actions or Punishment

Legal References:
RCW 28A.150.300 Corporal punishment prohibited-Adoption of policy
WAC 392-400-235 Discipline–Conditions and limitations

Adoption Date: 8/25/98
Raymond School District #116



3245—STUDENTS AND TELECOMMUNICATION DEVICES

Students in possession of telecommunications devices, including, but not limited to, pagers, beepers and cellular phones, while on school property or while attending school-sponsored or school-related activities shall observe the following conditions:

A. Telecommunication devices shall be turned on and operated only before and after the regular school day and during the student’s lunch break, unless an emergency situation exists that involves imminent physical danger or a school administrator authorizes the student to use the device.

B. Students shall not use telecommunication devices in a manner that poses a threat to academic integrity, disrupts the learning environment or violates the privacy rights of others.

C. Students shall not send, share, view or possess pictures, text messages, emails or other material depicting sexually explicit conduct, as defined in RCW 9.68A.011, in electronic or any other form on a cell phone or other electronic device, while the student is on school grounds, at school sponsored events, or on school buses or vehicles provided by the district.

D. When a school official has reasonable suspicion, based on objective and articulable facts, that a student is using a telecommunications device in a manner that violates the law or school rules, the official may confiscate the device, which shall only be returned to the student’s parent or legal guardian.

E. By bringing a cell phone or other electronic devices to school or school-sponsored events, the student and their parent/guardian consent to the search of the device when school officials have a reasonable suspicion, based on objective and articulable facts, that such a search will reveal a violation of the law or school rules. The scope of the search will be limited to the violation of which the student is accused. Content or images that violate state or federal laws will be referred to law enforcement.

F. Students are responsible for devices they bring to school. The district shall not be responsible for loss, theft or destruction of devices brought onto school property or to school sponsored events.

G. Students shall comply with any additional rules developed by the school concerning the appropriate use of telecommunication or other electronic devices.

H. Students who violate this policy will be subject to disciplinary action, including suspension or expulsion.

Cross References:
Policy 2022 Electronic Resources
Policy 3207 Prohibition of Harassment, Intimidation and Bullying
Policy 3241 Classroom Management, Corrective Actions or Punishment
Policy 3241P Classroom Management, Corrective Actions or Punishment
Policy 4310 Relations with Law Enforcement Agencies, Child Protective Agencies and County Health

Management Resources:
Policy News, February 2004 Evolution of Cell Phone Use
Policy News, June 2010 Students and Sexting
Policy News, October 2010 Students and Telecommunication Devices Revisited

Adoption Date: 12/21/10
Raymond School District #116



3245P—STUDENTS AND TELECOMMUNICATION DEVICES

Definitions:

Sexting means sending, forwarding, displaying, retaining, storing or posting sexually explicit, lewd, indecent or pornographic photographs, images or messages by or on a cell phone, computer or other electronic means during school hours or school activities on or off campus; while on school district property, during any recess, lunch or leave periods on or off school district property; or beyond the hours of school operation if the behavior detrimentally affects the personal safety or well-being of school-related individuals, the governance, climate or efficient operation of the school; or the educational process or experience.

Disrupting the Learning Environment: means any intentional gesture, any intentional electronic communication or any intentional written, verbal or physical act or statement initiated, occurring, transmitted or received by a student at school that a reasonable person under the circumstance should know will have the effect of:

  • Insulting, mocking or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or
  • Creating an intimidating, threatening, hostile or abusive educational environment for a student or group of students through substantially severe, persistent or pervasive behavior.

Third parties include, but are not limited to coaches, school volunteers, parents or guardians, school visitors, service contractors or others engaged in district business or activities that are not directly subject to District control at inter-district and intra-district athletic competitions or other school events.

Reporting Violations:

Any student, employee, parent or guardian or third party who has knowledge of conduct in violation of this policy or any student who feels he/she has been a victim of sexting, menacing, retaliation or reprisal in violation of this policy shall immediately report the concerns to:

The building principal or his/her designee;

  • A teacher who will be responsible for notifying the building principal or designee immediately if the matter cannot be adequately addressed by the teacher, or warrants administrative intervention;
  • A counselor, who is responsible for notifying the building principal or designee immediately if the matter cannot be addressed by the counselor or is sufficiently serious to warrant administrative intervention; or
  • The superintendent of schools or designee.

Investigating:

The principal or designee shall be responsible for timely investigating a complaint made under this policy. The investigation, witness statements and evidence shall be documented along with the outcome of the investigation.

In the course of the investigation, administrative staff will not send, receive or unnecessarily view or transmit sexting photographs or any other inappropriate images on either the district’s or their personal electronic devices. The examination or viewing of the evidence/information will be limited to the extent necessary to determine that misconduct occurred.

Parent or Guardian Notification:

Parents or guardians of all students identified in the report shall be notified of the investigation and informed of their students’ involvement in the incident.

Discipline:

Students whose behavior violates this policy will be subject to discipline up to and including expulsion. Law enforcement will also be notified when conduct may violate criminal laws.

In addition to discipline, the district will assist students and/or parents or guardians to resolve concerns and issues prior to the use of the formal criminal complaint process. These interventions may include consultation, counseling, education, mediation and/or other opportunities for problem-solving.

In imposing discipline the administrator will take into consideration the context of the events, all relevant circumstances, and the parties’ prior behavior, the nature of the behavior and its potential harm and the emotional and/or physical harm resulting from the reported party’s actions. Exceptional misconduct penalties may be imposed, if in the opinion of the administration it is warranted.

Sexting Offenses

First offense:

A. Parents or guardians will be notified;

B. The district will file an information report with the police by phone or in writing;

C. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian;

D. The student will receive a short-term, out-of-school suspension or an in-school suspension; and

E. The district may impose appropriate interventions.

Second offense:

A. Parents or guardians will be notified;

B. Police will be notified;

C. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian;

D. The student will receive a long-term suspension; and

E. The student will be ineligible to participate in extracurricular activities.

Third offense:

A. Parents or guardians will be notified;

B. Police will be notified;

C. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian;

D. The student will be expelled; and

E. The student will be ineligible to participate in extracurricular activities.

Adoption Date: 7/22/10
Raymond School District #116



3246‑RESTRAINT, ISOLATION AND OTHER USES OF REASONABLE FORCE

It is the policy of the Raymond Board of Directors that the district maintains a safe learning environment while treating all students with dignity and respect. All students in the district, including those who have an individualized education program (IEP) or plan developed under section 504 of the Rehabilitation Act of 1973, will remain free from unreasonable restraint, restraint devices, isolation, and other uses of physical force. Under no circumstances will these techniques be used as a form of discipline or punishment.

This policy is intended to address district students. It is not intended to prevent or limit the use of restraint or other reasonable force as necessary with adults or other youth from outside the district as allowed by law.

Restraint and other uses of physical force, as defined in this the procedure accompanying this policy, may be used when necessary to prevent or minimize imminent bodily injury to self or others. Restraint and other uses of physical force may be used to protect district property if de-escalation interventions have failed or are inappropriate.

Use of restraint, isolation, and other forms of reasonable force may be used on any student when reasonably necessary to control spontaneous behavior that poses an “imminent likelihood of serious harm” as defined by RCW 70.96B.010 and Chapter 392-172A WAC and explained in the procedure accompanying this policy. Serious harm includes physical harm to self, another, or district property. Staff will closely monitor such actions to prevent harm to the student and will use the minimum amount of restraint and isolation appropriate to protect the safety of students and staff. The restraint, isolation, and other forms of reasonable force will be discontinued when the likelihood of serious harm has dissipated.

The superintendent or a designee will develop procedures to implement this policy, including review, reporting and parent/guardian notification of incidents involving restraint or isolation as required by law. Additionally, the superintendent will annually report to the board on incidents involving the use of force.

Cross References:
2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
2161 – Special Education and Related Services for Eligible Students
2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973

Legal References:
RCW 9A.16.020 Use of force — When lawful
RCW 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable
RCW 28A.150.300 Corporal Punishment Prohibited – Adoption of policy
RCW 28A.155.210 Use of restraint or isolation — Requirement for procedures to notify parent or guardian.
RCW 28A.600.485 – Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973—Procedures—Definitions. [as amended by SHB 1240]
RCW 70.96B.010 – Definitions
Chapter 392-172A WAC – Rules for the provision of special education
WAC 392-400-235 Discipline — Conditions and limitations

Management Resources:
2016 – March Issue
2015 – July Policy Alert
2013 – December Issue
2013 – July Issue
Policy News, December 2008 Use of Reasonable Force Policy

Adoption Date: 5/26/16
Raymond School District #116



3246P‑RESTRAINT, ISOLATION AND OTHER USES OF REASONABLE FORCE

This procedure is intended to apply to a broad range of circumstances whenever it is deemed reasonably necessary by district staff to control spontaneous behavior by any student that poses an imminent likelihood of serious harm. This procedure is intended to be interpreted consistent with the requirements of RCW 28A.600.485, RCW 9A.16.020, RCW 9A.16.100, RCW 28A.160.300, RCW 28A.155.210, WAC 392-400-235, and, for students with an IEP, consistent with the regulations of Chapter 392-172A, WAC.

Definitions:

Behavioral intervention plan: A plan incorporated into a student’s Individualized Education Program (IEP), which at a minimum describes: 1)The pattern of behavior that impedes the student’s learning or the learning of others; 2)The instruction and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team; 3)The positive behavioral interventions and supports to: i) reduce the pattern of behavior(s) that impedes the student’s learning or the learning of others and increases the student’s desired prosocial behaviors: and ii) ensure the consistency of the implementation of the positive behavioral interventions across the student’s school-sponsored instruction or activities); and d)The skills that will be taught and monitored as alternatives to challenging behavior(s) for a specific pattern of behavior of the student.

Chemical spray: Pepper spray, OC Spray, or other similar chemicals that are used to control a student or limit a student’s freedom of movement.​

De-escalation: The use of positive behavioral interventions and other district-approved strategies to defuse a student who has lost self-control, is non-compliant or is demonstrating unacceptable behavior. These strategies address behavior that is dangerous, disruptive or otherwise impedes the learning of a student or others.

Imminent: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.

Isolation:  Restricting a student alone within a room or any other form of enclosure, from which the student may not leave.  It does not include a student’s voluntary use of a quiet space for self-calming, or temporary removal of a student from his or her regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan.

Likelihood of serious harm: A substantial risk that physical harm will be inflicted by a student:​

  • upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;​​
  • upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm;​
  • upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
  • after the student has threatened the physical safety of another and has a history of one or more violent acts.

Physical force: The use of bodily force or physical restriction that substantially immobilizes or reduces the free movement of a student.​ (Does not include those reasonable actions taken in performance of a staff member’s daily duties, i.e., helping younger students to move in a particular direction.)

Positive behavioral interventions: Strategies and instruction that can be implemented in a strategic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching a student the skills to manage his or her own behavior.

Restraint: Physical intervention or force used to control a student, including the use of a restraint device. It does not include appropriate use of a prescribed medical, orthopedic or therapeutic device when used as intended, such as to achieve proper body position, balance or alignment or to permit a student to safely participate in activities.​

Restraint device: A device used to assist in controlling a student, including, but not limited to metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers or batons. Restraint device does not mean a seat harness used to safely transport students. This definition is consistent with RCW 28A.600.485 (1)(c), and is not intended to endorse or encourage the use of such devices or techniques with district students.

School police officer:  An employee of the school district responsible for security services in the district under the direction of a school administrator, but who also is a commissioned officer.​

School resource officer: A commissioned law enforcement officer who provides law enforcement services and may perform other duties for the district, and is assigned by the employing police department or agency to work in collaboration with the district.

School security officer:  A classified or contracted school district employee other than a school resource officer who provides security services in the district under the direction of a school administrator.

School police officer:  An employee of the school district responsible for security services in the district under the direction of a school administrator, but who also is a commissioned officer.​

General use of restraint, isolation, or other forms of reasonable force:

1. Restraint, isolation, or other forms of reasonable force may be used to prevent or minimize imminent bodily harm to self or others, or if de-escalation or other positive behavioral interventions fail or are inappropriate, to protect district property, where there is an “imminent likelihood of such serious harm” occurring, as defined above.​​

2. Restraint, isolation, or other forms of reasonable physical force may be used when a student has caused a substantial loss or damage to the property of others, and the student’s behavior poses a substantial risk that such property damage will be inflicted.

3. Restraint devices may be used as needed to obtain possession of a known or reasonably-suspected weapon or other dangerous object on a person or within the control of a person.

4. Consistent with the provisions found in chapter 392-172A WAC, nothing in this procedure precludes the use of restraint or isolation as part of a behavior intervention plan in an Individualized Education Program (IEP) or a Section 504 Plan, provided that the student requires more specific advanced educational planning and the parent/guardian agrees to the use of these techniques in writing.

5. An IEP or plan developed under Section 504 of the Rehabilitation Act of 1973 must not include the use of restraint or isolation as a planned behavior intervention unless a student’s individual needs require more specific advanced education planning and the student’s parent or guardian agrees. Nothing in these procedures is intended to limit the provision of a free appropriate public education (FAPE) under Part B of the Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.

6. Restraint, isolation, or other forms of reasonable physical force will not be used as a form of discipline or punishment.​

7. Restraint, isolation, or other forms of reasonable physical force will not be used as an initial response to destruction of property, school disruption, refusal of the student to comply with school rules or a staff directive; or a verbal threat that does not constitute a threat of imminent bodily injury, unless other forms of de-escalation and positive behavioral interventions fail or are inappropriate.

8. Restraint, isolation, or other forms of reasonable physical force should not be used as an intervention if the school employee, school resource officer or school security officer knows that the student has a health condition or physical problem and the condition or problem would be exacerbated by the use of such techniques.

Practices presumed to be unreasonable when correcting or restraining any child (RCW 9A.16.100):

Under RCW 9A.16.100, the following is a non-exclusive list of acts that are presumed unreasonable when correcting or restraining a child:

  • throwing, kicking, burning, or cutting a child;
  • striking a child with a closed fist;
  • shaking a child under age three;
  • interfering with a child’s breathing;
  • threatening a child with a deadly weapon; or
  • doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.

This non-exclusive list should not be read so as to imply that another, unlisted form of correction or restraint is permissible. Whether or not an unlisted use of force or restraint is presumptively permissible depends upon a balanced consideration of all relevant state laws and regulations, and whether the use is reasonable under the totality of the circumstances.

Conditions specific to use of isolation with students eligible for special education (consistent with WAC 392-172A-02110):

  • The isolation enclosure will be ventilated, lighted and temperature controlled from inside or outside for purposes of human occupancy.
  • The isolation enclosure will permit continuous visual monitoring of the student from outside the enclosure.
  • An adult responsible for supervising the student will remain in visual or auditory range of the student at all times.
  • Either the student shall be capable of releasing himself or herself from the enclosure, or the student shall continuously remain within view of an adult responsible for supervising the student.
  • Any staff member or other adults using isolation must be trained and certified by a qualified provider in the use of isolation, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.

Prohibited practices involving restraint, use of force, and discipline specifically for students eligible for special education (consistent with WAC 392-172A-02076):

The following practices are prohibited with students eligible for special education services:

  • District personnel are prohibited from using aversive interventions with a student;
  • District personnel are prohibited from physically restraining or isolating any student, except when the student’s behavior poses an imminent likelihood of serious harm as defined above;
  • No student may be stimulated by contact with electric current, including, but not limited to, tasers;
  • A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid from when the food or liquid is customarily served as a form of punishment;
  • A student may not be the recipient of force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law (see above, for example, for a list of practices presumed to be unreasonable when used in correcting or restraining a child);
  • A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care;
  • A student must not be denied or subjected to an unreasonable delay in the provision of medication;
  • A student may not be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-02110;
  • A student must not be forced to listen to noise or sound that the student finds painful;
  • A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance;
  • A student must not be forced to taste or ingest a substance which is not commonly consumed or which is not commonly consumed in its existing form or concentration;
  • A student’s head must not be partially or wholly submerged in water or any other liquid.
  • A student must not be physically restrained or immobilized by binding or otherwise attaching the student’s limbs together or by binding or otherwise attaching any part of the student’s body to an object, except under the conditions set forth in WAC 392-172A.02110.

Degree of force:

A. Restraint, isolation, or other forms of reasonable physical force must not be continued as soon as a determination is made by the staff member administering the restraint, isolation, or other forms of reasonable physical force that the likelihood of serious harm has dissipated student is no longer at risk of causing imminent bodily harm to himself/ herself or others or property.

B. Restraint, isolation, or other forms of reasonable physical force must be administered in such a way so as to prevent or minimize physical harm to the student. If, at any time during the use of restraint, isolation, or other forms of reasonable physical force, the student demonstrates significant physical distress, the technique must be reduced immediately and, if necessary, school staff must take immediate steps to seek medical assistance.

​Monitoring:

An adult must continually monitor any student when restraint, isolation, or other forms of reasonable physical force is used. The monitoring must be conducted by continuous visual monitoring direct observation of the student. Monitoring must include regularly evaluating the student for signs of physical distress.

Post-incident notification and review with parent/guardian:
 Within twenty-four (24) hours following the use of restraint, isolation, or other forms of reasonable physical force  with a student, the principal or designee must make a reasonable effort to verbally inform the student’s parent or guardian of the incident. The principal or designee must also send written notification as soon as practical, but postmarked no later than five (5) business days after restraint, isolation, or other forms of reasonable physical force has been used with a student.  If the school or district customarily provides the parent or guardian with school-related information in a language or mode of communication other than English, the written report must be provided to the parent or guardian in that language or mode of communication.

The principal or designee will review the incident with the student and the parent or guardian (though not necessarily at the same time) to address the behavior that precipitated the use of the technique and the appropriateness of the response. The principal or designee will review the incident with the staff person(s) who administered the restraint, isolation, or other forms of reasonable physical force to discuss whether proper procedures were followed and what staff training or support is needed to help the student avoid similar incidents.

IEPs and 504 plans will include the above procedures for notification of parents/guardians regarding the use of isolation and restraint on their student.

Incident report:

Any school employee, school resource officer or school security officer who uses restraint, isolation, or other forms of reasonable physical force, as defined in this procedure, on any student during school-sponsored instruction or activities, will inform the principal or a designee as soon as possible and within two (2) business days submit a written report of the incident to the district office.  The written report will contain, at a minimum:

  • The date and time of the incident;
  • The name and job title of the staff member who administered the restraint, isolation, or other form of reasonable physical force;
  • A description of the activity that led to the restraint, isolation, or other form of reasonable physical force;
  • The type of restraint, isolation, or other forms of reasonable physical force used on the student, and the duration;
  • Whether the student or staff was physically injured during incident involving restraint, isolation, or other forms of reasonable physical force;
  • Any medical care provided to the student or staff; and
  • Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents.

​Resolution of concerns about the use of force incident:

A student or his/her parent or guardian who has concerns regarding a specific incident involving restraint, isolation, or other forms of reasonable physical force may seek to resolve the concern by using the district’s complaint process which is set forth in Policy 4220, Complaints Concerning Staff or Programs.

Providing parents/guardians with Restraint, Isolation, and Other Uses of Reasonable Force policy:

The district will make available to all parents/guardians of students the district’s policy on Restraint, Isolation and Other Use of Reasonable Force.  If the student has an IEP or 504 plan, the District will provide the parents/guardians a copy of the policy each time an initial or annual when the IEP or 504 plan is developed. created.

Staff training requirements:

All training will include instruction in positive management of student behavior, cultural sensitivity, effective communication for defusing and de-escalating disruptive or dangerous behavior and safe and appropriate use of force, isolation and restraint. Annually, administrators will provide all staff with the district established policy and procedure regarding the use of reasonable force.

All staff should be informed of de-escalation strategies and proper physical intervention procedures. Appropriate staff and those who are required or reasonably anticipated to provide physical force intervention will be trained in the use of physical force intervention.
 
Only staff trained by a qualified provider and authorized to use isolation, restraint, restraint devices or chemical spray procedures will administer it to students. The appropriate personnel will include those staff members who are most likely to be called upon to use isolation, restraint, restraint devices or chemical spray to prevent or address disruptive or dangerous student behavior.

Submission of incident reports to the Office of Superintendent of Public Instruction:

Beginning January 1, 2016 and annually by January 1 thereafter, the district will summarize the written incident reports described above and submit those summaries to OSPI.  The summaries will include:

  • The number of individual incidents of restraint and isolation;
  • The number of students involved in the incidents;
  • The number of injuries to students and staff; and
  • The types of restraint or isolation used.

Annual Report:

​The building administrator or a designee will maintain a log of all instances of use of force as defined by this procedure, which will be presented to the superintendent annually. The superintendent will provide an annual report to the board regarding the district’s use of force.

Updated Date: 5/26/16
Raymond School District #116



3247—REQUIRED NOTIFICATION OF ISOLATION OR RESTRAINT OF STUDENTS WITH IEPS OR SECTION 504 PLANS

It is the policy of the Raymond Board of Directors that the district maintains a safe learning environment while treating all students with dignity and respect.  All students in the district, including those with an Individualized Education Program (IEP), an Aversive Intervention Plan (AIP) or a plan developed under Section 504 of the Rehabilitation Act of 1973 (Section 504 plan) will remain free from the unreasonable use of force.

Isolation and restraint of these students will generally be avoided and will not be used as a form of discipline or punishment. The district recognizes, however, that isolation and restraint are necessary at times to preserve the safety of students and school staff.  The district therefore authorizes these actions under limited circumstances. This policy and its accompanying procedure set forth the statutory definitions and authorized use of isolation, restraint and restraint devices as well as incident review procedures and requirements for reporting and parent/guardian notification.

The district will provide parents or guardians of students with an IEP or Section 504 plan a copy of the district’s Isolation and Restraint policy when the IEP or Section 504 plan is created and will include parent/guardian notification procedures in the student’s IEP.

Cross References:
2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
2161 – Special Education and Related Services for Eligible Students

Legal References:
WAC 392-400-235 Discipline—Conditions and limitations.
WAC 392-172A Rules for the Provision of Special Education
RCW 28A.600.485 Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 — Procedures — Definitions.
RCW 28A.600.486 District policy on use of isolation or restraint – Notice to parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973.
RCW 28A.155.210 Use of restraint or isolation — Requirement for procedures to notify parent or guardian.
RCW 28A.150.300 Corporal punishment prohibited — Adoption of policy.
RCW 9A.16.100 Use of Force on Children — Policy — Actions presumed unreasonable
RCW 9A.16.020 Use of Force — When lawful

Management Resources:
2014 – June Policy & Legal News Issue/Policy Alert
2013 – December Issue
2013 – July Issue
Policy News, December 2008, Use of Reasonable Force Policy

Adoption Date: 8/28/14
Raymond School District #116



3247P—ISOLATION & RESTRAINT OF STUDENTS WITH IEPS & SECTION 504 PLANS

A. Definitions

Isolation: Excluding a student from his or her regular instructional area and restricting the student alone within a room or any other form of enclosure, from which the student may not leave. “Isolation” does not apply to an in-school suspension wherein a student is assigned to a room/enclosure where he/she is periodically monitored but left alone in the room/enclosure for periods of time to do schoolwork.

Restraint: Physical intervention or force used to control a student, including the use of a restraint device.

Restraint device: A device used to assist in controlling a student, including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers or batons. “Restraint device” does not include use of a harness or seatbelt with students whose disabilities require support and/or proper physical positioning.

B. Authorized Use of Isolation, Restraint or a Restraint Device

District staff are authorized to use isolation, restraint or a restraint device:

  1. when responding to unpredicted, spontaneous behavior; or
  2. as specified in a student’s Individualized Education Program (IEP), aversive intervention plan (AIP) and in a manner consistent with Chapter 392-172A WAC, or in the student’s 504 plan.

Under no circumstances will isolation, restraint or restraint devices be used for purposes of discipline or punishment.

C. Review of Incident

Following release of a student from isolation or restraint, the school will:

  1. review the incident with the student and their parent/guardian (though not necessarily at the same time) to address the behavior that precipitated the incident; and
  2. review the incident with the staff member who administered the isolation or restraint to discuss whether proper procedures were followed.

D. Reporting Requirement

If any school staff member, school resource officer (SRO) or school security officer (SSO) isolates or restrains a student with an IEP or a 504 plan during school-sponsored instruction or activities, he or she will:

  • inform the principal or designee as soon as possible and;
    • submit a written report of the incident to the district office within two (2) business days that contains, at a minimum:
    • the date and time of the incident;
    • the name and job title of the staff member who administered the restraint or isolation;
    • a description of the activity that led to the restraint or isolation;
    • the type of restraint or isolation used on the student, and the duration;
    • whether the student or staff was physically injured during the restraint or isolation; and
    • any medical care provided to the student or staff.

E. Parent/Guardian Notification

The principal or designee will:

  1. make a reasonable effort to inform the parent about the incident within twenty-four (24) hours of the incident; and
  2. send written notification no later than five (5) business days after the incident occurred in the language that the school customarily provides school-related information to the parent.

IEPs will include the above procedures for notification of parents/guardians regarding the use of isolation and restraint on their student.

F. Providing Parents/Guardians with Restraint and Isolation Policy

The district will provide parents/guardians of students with IEPs or 504 plans with a copy of the district’s policy on Isolation and Restraint when the IEP or 504 plan is created.



3352—CANINE DETECTION

The School District Board of Directors is committed to providing students and employees with schools and work places that are free of drugs and weapons. To that end, the Board prohibits the presence of drugs, controlled substances, weapons of any type, explosive devices, alcohol, and non-authorized medication on district property or at any district-sponsored event.

The Board, based on current state of Washington law, declares that using a dog to sniff air around items or places listed in this policy is not a search. The Board continues to adhere to the policy that no actual search will be conducted without a particularized reasonable suspicion or belief that evidence of a rule violation will be found. At no time will any person be subjected to inspection by the detection canine.

In conjunction with other district security measures, a trained dog may be used to sniff the air for prohibited items outlined in Policies 3200, 3230, 3241 and 2151. The specific areas sniffed may be lockers, unoccupied classrooms, unattended desks, bags, items, or vehicles that are on district property or at a district-sponsored event. Students who elect to park cars on district property waive an expectation of privacy and agree that the vehicle may be sniffed. A dog’s alert constitutes reasonable suspicion to search and only the dog’s official handler will determine what constitutes an alert by the dog. If the dog alerts on a particular item or place, the person(s) bringing the item onto district property, or who has responsibility for that place or item, will be called to the scene, if available, to witness the search by school official(s). All searches shall be made in compliance with district policy and applicable law.

Discovery of a prohibited substance or item may result in referral to law enforcement and/or disciplinary action in keeping with district policy for students.

The above inspections may be unannounced and shall be made at the discretion of the superintendent or designee. Students and parents/guardians shall be informed of this policy at the beginning of each school year.

Cross References:
Policy 3200 Rights and Responsibilities
Policy 3230 Student Privacy and Searches
Policy 3241 Classroom Management, Corrective Actions or Punishment
Policy 2151 Interscholastic Activities

Adoption Date: 8/28/08
Raymond School District #116



3352P—CANINE DETECTION

In order to maintain a safe and healthy educational environment, planned and generalized school-wide canine detection procedure (commonly referred to as canine sniff) of student lockers, desks, vehicles when parked on school property, and school facilities and grounds may be conducted periodically in the District. In addition, canine detection may also be utilized when an administrator has a specific suspicion that contraband is present on school property. The contraband the canine may detect includes drugs, bomb devices, firearms and any other items prohibited by District policy.

Specific procedures for these canine detections are outlined below:

Initiating Canine Detection

a. The principal, either as a planned, generalized canine detection or upon reasonable suspicion that contraband is present, contacts the superintendent to request that a canine detection be conducted.

b. Upon the superintendent’s approval, the principal is responsible for contacting an authorized trained canine handler, including law enforcement personnel, for assistance in conducting such a detection procedure.

c. Once a decision has been made to conduct a planned, generalized canine detection in a particular school, parents, guardians and students will be informed in advance via a letter and through the school’s electronic information system. Students will also be informed via the schoolwide public address system. Subsequent planned, generalized canine detections at a particular school may be conducted without prior notice to parents, guardians and students.

d. Canine detections based on reasonable suspicion that contraband is present will be conducted without advance notice to parents, guardians and students.

Areas Subject to a Canine Detection

a. Student lockers and desks;

b. Student physical education lockers;

c. Parking lots including the exterior of vehicles parked in school lots;

d. School buses;

e. Hallways/common areas of school;

f. Restrooms;

g. Cafeteria;

h. Perimeter of school;

i. School grounds, as needed per reasonable suspicion, and/or

j. Other school facilities and grounds areas not mentioned above.

Procedures During a Canine Detection

a. Teachers will be asked to close their doors and proceed with the class session during any type of canine detection process.

b. Teachers will be instructed not to permit students outside of the classroom while the canine detection is being conducted in the interior of a given school building.

c. A canine detection may occur during the school day and/or evening.

The Search Team

a. The principal or designee(s) will conduct the canine detection with the assistance of a trained canine handler, which may be a law enforcement officer.

b. Reasonable efforts will be made to prevent the canine detection animal from having contact with any student or staff during the detection process.

c. If a canine “alerts” to the presence of contraband there exists reasonable, individualized suspicion for a search to be conducted by a school official at a given location, including in the personal possessions of students located in the area of the alert.

d. Should school officials determine that a search is warranted, the search is to be conducted with the student present and the dog secured elsewhere.

e. If contraband is found, the matter may be reported to a law enforcement officer as evidence to a crime. The law enforcement officer is responsible for taking appropriate police action as determined necessary by the officer.

f. Should the student not be available to witness the search by school officials, as soon as possible after the search of a student’s personal possessions, the principal or designee will provide notice of the search to the student whose personal possessions were searched unless disclosure would impede an ongoing investigation by police or school administration.

g. School administration will conduct a search of a student’s personal property in accordance with Policy 3230.

F. Responsibility of the Administrator if Contraband is Found

a. Inform the parent(s) or guardian(s) of the student in possession of the contraband of the findings of the canine detection and any subsequent search of personal property.

b. Implement District policies, regulations and procedures relative to disciplinary action.



3410‑Student Health

The superintendent will arrange for health services to for all students. Such services will include but are not  limited to:

 

  1. The maintenance of student health records;
  2. The development of procedures at each building for the isolation and temporary care of students who become ill during the school day;
  3. Consulting services of a licensed healthcare provider and/or Registered Nurse;
  4. Vision (both distance and near) and hearing screening; and
  5. Immunization records and screening.
Cross References: 3413 – Student Immunization And Life Threatening Health Conditions
3416 – Medication at School

 

Legal References: RCW 28A.210.020 Visual and auditory screening of pupils – Rules and regulations
RCW 28A.210.300 School physician or school nurse may be employed
RCW 28A.330.100 Additional powers of board

 

Management Resources: 2016 – July Issue
2011 – February Issue

 

Adoption Date: 11/20/2018

Raymond School District #116
Revised Dates: 02.11; 12.11; 07.16; 08.18



3412—AUTOMATED EXTERNAL DEFIBRILLATORS (AED)

The Raymond Board of Directors recognizes that equipping schools with automated external defibrillators (AEDs) and training employees and students in their use, increases the potential to save lives in the event of a health emergency, including cardiac arrest.  The board authorizes the district to place AEDs at designated school sites. The Washington State Department of Health (DOH) requires that any person using an AED receive training. Therefore, schools and district facilities with an AED on site will designate and train selected staff in the use of AEDs according to the DOH guidelines. Student instruction in cardiopulmonary resuscitations, to include appropriate use of an AED, will occur in at least one health class necessary for graduation.

 

This policy does not create any implied or express guarantee, or obligation to use an AED, nor does it create an expectation that an AED or a trained employee or student will be present and able to use an AED, even if a condition arose that made the use of an AED beneficial.

 

A person who uses an AED at the scene of an emergency and all other persons and entities providing services are immune from civil liability for any personal injury that results from any act or omission in the use of the AED in an emergency setting, unless the acts or omissions amount to gross negligence or willful or wanton misconduct.

 

The superintendent will develop procedures for the placement, maintenance, and use of AEDs in schools.

 

Cross References: 2410 – High School Graduation Requirements

 

Legal References: Chapter 28A.230 RCW COMPULSORY COURSEWORK AND ACTIVITIES
RCW 4.24. 300 Immunity from liability for certain types of medical care
RCW 70.54.310 Semiautomatic external defibrillator – Duty of acquirer – Immunity from civil liability

 

Management Resources: 2018 – August Issue

2013 – September Issue

2011 – April Issue

 

Adoption Date: 11/2018

Raymond School District #116
Revised Dates: 04.11; 12.11; 09.13; 08.18



3413—STUDENT IMMUNIZATION AND LIFE THREATENING HEALTH CONDITIONS

Immunizations

In order to safeguard the school community from the spread of certain communicable diseases and in recognition that prevention is a means of combating the spread of disease, the board requires a student to present evidence of his/her having been immunized against diseases as required by the Washington State Board of Health.

Exemptions from Immunization

The district will allow for exemptions from immunization requirements only as allowed for by RCW 28A.210.090.

Meningococcal Disease and Vaccine Information Distribution 

The district will provide parents/guardians of students in sixth grade and above with information about meningococcal disease and its vaccine at the beginning of every school year. The information will address the characteristics of the disease; where to find additional information about the disease; vaccinations for children; and current recommendations from the United States Centers for Disease Control and Prevention regarding receiving the vaccine.

Human Papilloma Virus Disease and Vaccine Information Distribution

At the beginning of every school year, the district will provide parents/guardians of sixth through twelfth grade students, information provided by the Washington State Department of Health about human papilloma virus (HPV) disease and its vaccine.

The information will include the causes and symptoms of human papilloma virus, how the disease is spread, the places where parents/guardians may obtain additional information and vaccinations for their children, and current recommendations from the United States Centers for Disease Control Prevention regarding the vaccine.

Life-Threatening Health Conditions

Prior to attendance at school, each child with a life-threatening health condition will present a medication and treatment order from a Licensed Healthcare Provider (LHP) addressing the condition. A life threatening health condition means a condition that will put the child in danger of death during the school day if a medication and treatment order, providing authority to a registered nurse, and a nursing care plan are not in place. Following submission of the medication and treatment order, the registered nurse will develop the nursing care plan.

Students who have a life-threatening health condition and no medication or treatment order presented to the school will be excluded from school, to the extent that the district can do so consistent with federal requirements for students with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, and according to the due process requirements in School District Procedure 3413P.

Exclusion from School

The district will exclude students only as allowed for by RCW 28A.210.120 and WAC 392-380-050.

The superintendent will adopt procedures necessary to implement this policy.

Cross References: 3416 – Medication at School

3241 – Classroom Management, Discipline and Corrective Action

2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
2161 – Special Education and Related Services for Eligible Students
2100 – Educational Opportunities for Military Children

 

Legal References: Chapter 28A.210 RCW Health — Screening and requirements
Chapter 246-105 WAC Immunization of child care and school children against certain vaccine-preventable diseases
WAC 392-182 Student — Health records
WAC 392-380 Public school pupils — Immunization requirement and life-threatening health condition

 

Management Resources: 2018 – August Issue

2012 – August Issue

2011 – August Issue
2011 – June Issue
Policy News, August 2007 Human Papilloma Virus Disease Notification
Policy News, April 2006 Chickenpox Immunization Required
Policy News, June 2005 Distribution of Information on Meningococcal Disease
Policy News, October 2002 Legislature Addresses “Life-Threatening Conditions”

 

Adoption Date: 11/20/2018

Raymond School District #116
Revised Dates: 10.02; 06.05; 04.06; 08.07; 10.11; 08.12; 08.18



3413P—STUDENT IMMUNIZATION AND LIFE THREATENING HEALTH CONDITIONS

Certificate of Immunization

Immediately upon enrollment in the district, the student’s parent/guardian will complete a Certificate of Immunization Status (CIS), distributed by the Washington Department of Health, or submit a medically verified immunization record. The district will make the certificate and/or medically verified immunization record  part of the student’s permanent record.

If, by the student’s first day of enrollment, a student does not have the required immunization documentation, the student’s parent/guardian may submit evidence of having initiated an immunization schedule, which will provide the student “conditional admittance” status. Students may attend under conditional status for a limited time. Within thirty (30) calendar days of the student’s first day of attendance, the parent/guardian must provide  any missing immunization(s) and/or provide documentation needed to complete the CIS. If a student needs additional doses to complete a vaccine series, he/she will remain in conditional admittance status for a maximum of thirty (30) calendar days after the next dose is due until the series is complete. Failure to submit documentation within these timelines will be sufficient cause to exclude the student from school.

Exemptions from Immunization

Any and all exemptions will be processed and recorded on a Certificate of Exemption (COE) as provided by the Washington Department of Health (DOH).

The district will grant exemptions from one or more vaccines for medical reason upon certification by a Licensed Healthcare Provider (LHP) that there is a medical reason for not administering the vaccine.

The district will grant exemptions for personal or religious reasons upon the parent/legal guardian’s submission of a COE, signed by an LHP, stating that the parent/guardian has either a philosophical, personal, or religious objection to the immunization of the child and the LHP provided the parent/guardian with information about the benefits and risks of immunization. The LHP may sign the form any time prior to the district’s enrollment of the child. The district will accept a photocopy of the signed form or a letter from the LHP in lieu of the original form.

If a COE states the parent/legal guardian is a member in a religious body or church with beliefs or teachings that preclude a child from receiving medical treatment from a LHP, the LHP signature on the COA is not requioed.

The district will mark the permanent file of students who have exemptions for easy identification should the local department of health order that exempted students be excluded from school temporarily during an outbreak or an epidemic.

If the district does not receive a COE upon the student’s enrollment in school, the principal or designee will provide written notice to the parents/guardians informing them of:

  1. The immunization requirements;
  2. The potential that the student will be denied attendance unless documentation needed to complete the CIS are provided within thirty (30) calendar days of the student’s first day of attendance;
  3. The procedural due process rights; and
  4. The immunization services available.

Exclusion from School

Following proper notification, the school will exclude the student for noncompliance with the immunization laws, subject to the appeal procedures for student expulsions (Policy 3241). Parents have a right to a hearing, provided they notify the school within three (3) days after receiving the exclusion order from the school principal. If the parent requests a hearing, the district will notify in writing the parent or guardian and school principal of the time and place for the hearing and will present the case to a hearing officer appointed by the superintendent.

Revised Dates: 08.07; 08.11; 08.12; 08.18


Infectious Diseases

In order to safeguard the school community from the spread of certain communicable diseases the superintendent will implement procedures assuring that all school buildings are in compliance with State Board of Health rules and regulations regarding the presence of persons who have or have been exposed to infectious diseases deemed dangerous to the public health. Such procedures will also prescribe the steps  to remove the danger to others.

The district will require that the parents/guardian complete a medical history form at the beginning of each school year. The school nurse may use such reports to advise the parent of the need for further medical attention and to plan for potential health problems in school.

The board authorizes the school principal to exclude a student who has been diagnosed by a Licensed Health Care Provider (LHP) or is suspected of having an infectious disease in accordance with the regulations within the most current Infectious Disease Control Guide, provided by the State Department of Health and the Office of the Superintendent of Public Instruction. The principal and/or school nurse will report the presence of suspected case or cases of reportable communicable disease to the appropriate local health authority as required by the State Board of Health. The district and its staff will treat all information concerning a student’s present and past health condition as confidential. The principal will cooperate with the local health officials in the investigation of the source of the disease.

The fact that a student has been tested for a sexually transmitted disease, the test result, any information relating to the diagnosis or treatment of a sexually transmitted disease, and any information regarding drug or alcohol treatment for a student must be kept strictly confidential. If the district receives authorization to release information, the district may disclose information pursuant to the restrictions in the release.

A school principal or designee has the authority to send an ill child home without the concurrence of the local health officer, but if the disease is reportable, the district must notify the local health officer. The local health officer is the primary resource in the identification and control of infectious disease in the community and school. The local health officer, in consultation with the superintendent can take whatever action deemed necessary to control or eliminate the spread of disease, including closing a school.

Legal References: Chapter 70.02 RCW Medical records — Health care information access and disclosure
RCW 28A.210.010 Contagious diseases, limiting contact — Rules
Chapter 246-110 WAC Contagious disease –School districts and day care centers

 

Management Resources: 2018 – August Issue

2013 – February Issue

Adoption Date: 11/2018

Raymond School District #116

Revised Dates: 08.07; 12.11; 02.13; 08.18



3414P—INFECTIOUS DISEASES

Certain microorganisms in the body cause infectious disease. Infectious diseases may or may not be communicable or in a contagious state.

The district may control diseases in a contagious state by excluding the student from the classroom or by referring the student for medical attention. Staff members must advise the school nurse and principal or designee when a student exhibits symptoms of an infectious disease based on the criteria outlined in this procedure. Staff should provide the school nurse, principal, or designee  with as much health information as is known about the case in a timely manner so that appropriate action can be initiated. (See Infectious Disease Control Guide for school staff).

List of Reportable Diseases

In consultation with the school nurse, the district will report suspected disease or disease with known diagnosis to the local health department as indicated on the Notifiable Conditions page of the Washington Department of Health’s website.

Cluster of Cases
The occurrence of any generalized (covering greater than 75% of the body) rash with or without fever, cough, runny nose, and reddened eyes in a school MUST be reported IMMEDIATELY to the school nurse who will in turn report as necessary to the local health department. Localized rash cases diagnosed as unrelated to a contagious disease, such as diaper rash, poison oak, etc. need not be reported. In addition to rash illnesses, any unusual cluster of infectious disease must be reported to the school nurse.

Identification and Follow-Up

  1. The length of absence from school for a student ill from a contagious disease is determined by the directions given in the Infectious Disease Control Guide or instructions provided by the health care provider, or instructions from the local health officer.
  2. The principal has the final responsibility for enforcing all exclusions.
  3. Follow-up of suspected communicable disease cases should be carried out in order to determine any action necessary to prevent the spread of the disease to additional children.

Reporting At Building Level
A student with a diagnosed reportable disease will be reported by the school principal or designee to the local health officer (or state health officer if local health officer is not available) as per schedule.

  1. When symptoms of communicable disease are detected in a student who is at school, the regular procedure for the disposition of ill or injured students will be followed unless the student is fourteen years or older and the symptoms are of a sexually transmitted disease. In those instances, the student has confidentiality rights that prohibit notification of anyone but the health department. In all other instances, the principal or designee will:
  2. Call the parent/guardian or emergency phone number to advise him/her of the signs and symptoms;
  3. Determine when the parent/guardian will pick up the student;
  4. Keep the student isolated but observed until the parent/guardian arrives; and
  5. Notify the teacher of the arrangements that have been made prior to removing the student from school;
  6. Notify the school nurse to ensure appropriate health-related interventions are in place.

First Aid Procedures

  1. Students should be asked to wash their own minor wound areas with soap and water under staff guidance when practicable. If performed by staff, wound cleansing should be conducted in the following manner:
    1. Soap and water are recommended for washing wounds. Individual packets with cleansing solutions or saline can also be used;
    2. Gloves must be worn when cleansing wounds which may put the staff member in contact with wound secretions or when contact with any bodily fluids is possible ;
    3. Gloves and any cleansing materials will be discarded in a lined trash container that is disposed of daily according to WAC 296-823 – Occupational exposure to bloodborne pathogens and included in the most recent OSPI Infectious Disease Control Guide;
    4. Hands must be washed before and after treating the student and after removing the gloves; and
    5. Treatment must be documented in a health log program.
  2. Thermometers will be handled in the following manner:
    1. Only disposable thermometers or non-mercury thermometers with disposable sheath covers and/or temporal scan thermometers should be used when taking student’s temperatures; and
    2. Disposable sheath covers will be discarded in a lined trash container that is secured and disposed of daily. Temporal scan thermometers will be disinfected after each use.

Handling of Body Fluids

  1. Body fluids of all persons should be considered to contain potentially infectious agents (germs). Body fluids include blood, semen, vaginal secretions, drainage from scrapes and cuts, feces, urine, vomitus, saliva, and respiratory secretions;
  2. Gloves must be worn when direct hand contact with body fluids is anticipated (e.g., treating nosebleeds, bleeding abrasions), when handling clothes soiled by body fluids (e.g., urine and/or feces), when diapering children and when sanitizing spaced used for diapering. Hand washing is the most important intervention for preventing the spread of disease and must take place after gloves are removed and between care of multiple students;
  3. Used gloves must be discarded in a secured lined trash container and disposed of daily according to WAC 296-823 – Bloodborne Pathogens and included in the most recent OSPI Infectious Disease Control Guide. Hands must then be washed thoroughly; and
  4. Self-treatment of minor injury, when reasonable, will be encouraged;
  5. Sharps will be disposed in an approved container. Sharps containers must be maintained upright throughout use, be tamper-proof and safely out of students’ reach, be replaced routinely and not be allowed to overfill.
  6. General cleaning procedures will include use of a 10% bleach solution to kill norovirus and C.difficile spores.​

For other universal precautions, the district will comply with WAC 296-823- Bloodborne Pathogens and the OSPI Infectious Disease Control Guideline.

Treatment of Students with Chronic Medical Conditions (e.g., HIV; AIDS; Hepatitis)

On the disclosure that a student has been identified as having acquired Human Immunodeficiency Virus (HIV) or Acquired Immunodeficiency Syndrome (AIDS) or infectious Hepatitis, the superintendent, principal, parent/guardian, local health officer, school nurse and the student’s licensed healthcare provider will confer as necessary and determine the appropriate placement of the student. The student will be accommodated in a least restrictive manner, free of discrimination, without endangering the other students or staff. The student may only be excluded from school on the written concurrence of the public health officer and the student’s licensed healthcare provider, that remaining or returning to school would constitute a risk either to the student or to employees or other students.

All discussions and records will be treated as confidential, consistent with RCW 70.24.105.

Release of information regarding the testing, test result, diagnosis, or treatment of a student for a sexually transmitted disease, HIV, drug, alcohol, mental health treatment, family planning, or abortion may be made only as pursuant to an effective release and only to the degree permitted by the release. To be effective, a release must be signed, dated, must specify to whom the release may be made, and the time period for which the release is effective. Students fourteen and older must authorize disclosure regarding HIV, sexually transmitted diseases, or reproductive healthcare issues. Students thirteen and older must authorize disclosure regarding drug, alcohol, or mental health treatment. Students of any age must authorize disclosure regarding family planning or abortion.  Parents/guardians must authorize disclosure pertaining to younger students.

Any disclosure made pursuant to a release regarding reproductive healthcare, including sexually transmitted diseases, HIV/AIDS, drug treatment, or alcohol treatment must be accompanied by the following statement:

“This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is not sufficient for this purpose.”

The district will ensure that newly hired school district employees receive the HIV/AIDS training regarding:

  1. History and epidemiology of HIV/AIDS;
  2. Methods of transmission of HIV;
  3. Methods of prevention of HIV, including universal precautions for handling of body fluids;
  4. Current treatment for symptoms of AIDS and prognosis of disease progression;
  5. State and federal laws governing discrimination of persons with HIV/AIDS; and
  6. State and federal laws regulating confidentiality of a person’s HIV antibody status.

The district will ensure that new employees receive training within six months from the first day of employment in the district.

Continuing employees will receive information, within one year of district receipt from OSPI, on new discoveries or changes in accepted knowledge of transmission, prevention, and treatment for HIV/AIDS.

Revised Dates: 08.07; 02.13; 09.13; 08.18



3415—ACCOMMODATING STUDENTS WITH DIABETES

The School Nurse is appointed to:

A. Consult and coordinate with the parents and health care providers of students with diabetes; and

B. Train and supervise the appropriate staff in the care of students with diabetes.

The district shall develop and follow an individual health plan for each student with diabetes. Each individual health care plan shall include an individual emergency plan element. The health plans shall be updated annually, and more frequently as needed.

Parents of students with diabetes may designate an adult to provide care for their student consistent with the student’s individual health care plan. At parent request, school district employees may volunteer to be a parent-designated adult under this policy but they shall not be required to participate. Parent-designated adults who are school employees shall file a voluntary, written current and unexpired letter of intent stating their willingness to be a parent-designated adult. Parent-designated adults who are school employees are required to receive training in caring for students with diabetes from the school nurse or from a nationally certified diabetes educator. Parent-designated adults who are not school employees are required to show evidence of comparable training, and meet school district requirements for volunteers. Parent-designated adults shall receive additional training from a parent-selected health care professional or expert in diabetic care to provide the care requested by the parent. The school nurse is not responsible for the supervision of procedures authorized by the parents and carried out by the parent-designated adult.

In addition to adhering to the requirements of each individual health care plan, for the general care of students with diabetes, the district shall:

  1. Acquire necessary parent requests and instruction for treatment.
  2. Acquire monitoring and treatment orders from licensed health care providers prescribing with the scope of their licensed authority.
  3. Provide sufficient and secure storage for medical equipment and medication provided by the parent.
  4. Permit students with diabetes to perform blood glucose tests, administer insulin, treat hypoglycemia and hyperglycemia, with easy access to the necessary supplies, equipment and medication on their person and perform monitoring and treatment functions whenever they are on school grounds or at school sponsored events.
  5. Permit students with diabetes unrestricted access to necessary food and water on schedule and as needed, and unrestricted access to bathroom facilities. When food is served at school events, provision shall be made for appropriate food to be available to students with diabetes.
  6. School meals shall not be withheld from any student for disciplinary reasons. Students with diabetes shall not miss meals because they are not able to pay for them. Regular policies regarding free-and-reduced meals will be followed.
  7. Parents and health care providers of students with diabetes will be provided with a description of their student’s school schedule to facilitate the timing of monitoring treatment and food consumption.
  8. Each student’s individual health care plan shall be distributed to appropriate staff based on the student’s needs and the staff member’s contact with the student.

The district, its employees, agents or parent-designated adults who act in good faith and in substantial compliance with a student’s individual health care plan and the instructions of the student’s health care provider shall not be criminally or civilly liable for services provided under chapter 350, Laws of 2002.

Cross References:
Board Policy 2162 Education of Students with Disabilities Under Section 504
Board Policy 3416 Medication at School
Board Policy 3520 Student Fees, Fines and Charges
Board Policy 5630 Volunteers

Legal References:
Ch. 350 Laws of 2002
Section 504 of the Rehabilitation Act of 1973
PL 101-336 Americans with Disabilities Act

Adoption Date: 10/22/02
Raymond School District #116



3416—MEDICATION AT SCHOOL

General Statement

Under normal circumstances, prescription and non-prescription, over-the-counter (OTC) medication, should be administered before and/or after school hours under supervision of the parent/ guardian. If a student must receive prescription or OTC oral or topical medication, eye drops, ear drops, or nasal spray from an authorized staff member, the parent/guardian must submit a written request accompanied by a written authorization from a licensed healthcare practitioner (LHP), prescribing within the scope of his or her prescriptive authority. If the medication will be administered for more than fifteen consecutive days, the LHP must also provide written, current, and unexpired instructions for the administration of the medication.

The superintendent will establish procedures for:

  1. Designating staff members who may administer medication to students;
  2. Training, delegation, and supervision of staff members in the administration of oral medication to students by a registered nurse (RN);
  3. Obtaining signed and dated parent/guardian and LHP request and authorization for the administration of medications, including instructions from the LHP if the medication is to be given for more than fifteen (15) days;
  4. Storing medication in a locked or limited access area;
  5. Maintaining records pertaining to the administration of medication;
  6. Permitting, under limited circumstances, students to carry and self-administer medications necessary to their attendance at school; and
  7. Permitting possession and self-administration of over-the-counter topical sunscreen products. (See Sunscreen Section below).

The use of injectable medication for the treatment of anaphylaxis is covered in School District Policy and Procedure 3419 Self-Administration of Asthma and Anaphylaxis Medication and School District Policy and Procedure 3420, Anaphylaxis Prevention and Response.

Medications including suppositories, rectal gels, or injections (except for emergency injections for students with anaphylaxis, that is covered in School District Policy and Procedure 3419 Self-Administration of Asthma and Anaphylaxis Medication and School District Policy and Procedure 3420, Anaphylaxis Prevention and Response) may not be administered by school staff other than by a RN, licensed practical nurse (LPN), or in some situations by a parent designated adult (PDA).

If the school decides to discontinue administering a student’s medication, the superintendent or designee must provide notice to the student’s parent/ guardian orally and in writing prior to the discontinuance. There must be a valid reason for the discontinuance that does not compromise the health of the student or violate legal protections for the disabled.

Sunscreen

Over-the-counter topical sunscreen products may be possessed and used by students, parent/guardians, and school staff without a written prescription or note from a licensed health care provider if the following conditions are met:

  1. The product is regulated by the US Food and Drug administration as an over-the-counter sunscreen product; and
  2.    If possessed by a student, the product is provided to the student by a parent/guardian.

Medical Marijuana:

Washington State law (RCW 69.51A.060) permits the use of medical marijuana, however, federal law (Title IV-Part A—Safe and Drug Free Schools and Communities and the Controlled Substances Act (CSA) (21 U.S.C. § 811) prohibits the possession and use of marijuana on the premises of recipients of federal funds including educational institutions. Therefore, there will be no accommodation of any marijuana use on any school grounds, school bus or at any other school related activities.

Cross References: 3420 – Anaphylaxis Prevention and Response
3419 – Self-Administration of Asthma and Anaphylaxis Medications

 

Legal References: RCW 28A.210.260 Public and private schools – Administration of medication — Conditions
RCW 28A.210.270 Public and private schools —Administration of medication — Immunity from liability — Discontinuance, procedure

 

Management Resources: 2018 – August Issue

2017 – July Policy Issue

2014 – February Issue
2012 – August Issue
Policy News, February 2001 Oral Medication Definition Expanded

Adoption Date: 11/2018

Raymond School District #116
Revised Dates: 02.01; 12.11; 08.12; 02.14; 07.17; 08.18



3416P‑MEDICATION AT SCHOOL

Each school principal will authorize two staff members to administer prescribed or non-prescribed medication. These designated staff members will receive RN delegation prior to the opening of school each year.

For purposes of this procedure, “medication” means oral medication, topical medication, eye or ear drops and nasal spray. This definition DOES NOT include over-the-counter topical sunscreen products regulated by the US Food and Drug Administration (see Sunscreen section below). Oral medications are administered by mouth either by swallowing or by inhaling and may include administration by mask if the mask covers the mouth or mouth and nose.

Medication may be dispensed to students on a scheduled basis upon written authorization from a parent with a written request by a licensed health professional prescribing within the scope of their prescriptive authority. If the medication is to be administered more than fifteen consecutive days the written request must be accompanied by written instructions from a licensed health professional. Requests will be valid for not more than the current school year. The prescribed or non-prescribed medication must be properly labeled and be contained in the original container. The dispenser of prescribed or non-prescribed oral medication will:

A. Collect the medication directly from the parent (students should not transport medication to school), collect an authorization form properly signed by the parent and by the prescribing health professional and collect instructions from the prescribing health professional if the oral medication is to be administered for more than fifteen consecutive days;

B. Store the prescription or non-prescribed oral medication (not more than a twenty (20) day supply) in a locked, substantially constructed cabinet;

C. Maintain a daily record which indicates that the prescribed or non-prescribed medication was dispensed;

D. Provide for supervision by a physician or registered nurse;

E. A copy of this policy will be provided to the parent upon request for administration of medication in the schools.

Prescribed and over-the-counter oral or topical medications, eye drops or ear drops may be administered by a registered nurse, a licensed practical nurse or an authorized staff member.

Nasal sprays containing legend (prescription) drugs or controlled substances may only be administered by a school nurse or, if a school nurse is not present on school premises, an authorized school employee, or a parent-designated adult with training as required by RCW 28A.210.260.

No prescribed medication will be administered by injection by staff except when a student is susceptible to a predetermined, life-endangering situation. The parent will submit a written statement which grants a staff member the authority to act according to the specific written orders and supporting directions provided by licensed health professional prescribing within his or her prescriptive authority (e.g., medication administered to counteract a reaction to an insect sting). Such medication will be administered by staff trained by the supervising registered nurse to administer such an injection.

Written orders for emergency medication, signed and dated, from the licensed health professional prescribing within his or her prescriptive authority will:

A. State that the student suffers from an allergy which may result in an anaphylactic reaction;

B. Identify the drug, the mode of administration, the dose. Epinephrine administered by inhalation, rather than injection, may be a treatment option. This decision must be made by the licensed health professional prescribing within his or her prescriptive authority;

C. Indicate when the injection will be administered based on anticipated symptoms or time lapse from exposure to the allergen;

D. Recommend follow-up after administration, which may include care of the stinger, need for a tourniquet, administration of additional medications, transport to hospital; and

E. Specify how to report to the health professional prescribing within his or her prescriptive authority and any record keeping recommendations.

If a health professional and a student’s parent request that a student be permitted to carry his/or her own medication and/or be permitted to self-administer the medication, the principal may grant permission after consulting with the school nurse. The process for requesting and providing instructions will be the same as established for oral medications. The principal and nurse will take into account the age, maturity, and capability of the student; the nature of the medication, the circumstances under which the student will or may have to self-administer the medication and other issues relevant in the specific case before authorizing a student to carry and/or self-administer medication at school. Except in the case of multi-dose devices (like asthma inhalers), students will only carry one day’s supply of medication at a time. Violations of any conditions placed on the student permitted to carry and/or self-administer his or her own medication may result in termination of that permission, as well as the imposition of discipline when appropriate.

Sunscreen

Over-the-counter topical sunscreen products may be possessed and used by students, parents, and school staff, without a written prescription or note from a licensed health care provider, if the following conditions are met:

  1. The product is regulated by the US Food and Drug Administration as an over-the-counter sunscreen product; and
  2. If possessed by a student, the product is provided to the student by their parent or guardian.

Students who possess over-the-counter topical sunscreen products that meet the above criteria may carry up to 8 ounces at a time, preferably with the container in a plastic bag.

Violations of any conditions placed on the student permitted to carry and/or self-administer his or her own sunscreen products may result in confiscation and termination of that permission, as well as the imposition of discipline when appropriate.

School staff may assist students in application of sunscreen products in certain circumstances and in the presence of another staff member. The appropriate staff member will take into account the age, maturity, and capability of the student, the need for the application of the sunscreen, and other issues relevant in the specific case, before assisting students in application of sunscreen products at school or during school-sponsored events. However, staff members are not required to assist students in applying sunscreen.

The District may provide education to students regarding sun safety guidelines.

Parent-Designated Adult Care of Students with Epilepsy

Parents of students with epilepsy may designate an adult to provide care for their student consistent with the student’s individual health care plan. At parent request, school district employees may volunteer to be a parent-designated adult under this policy, but they will not be required to participate. Parent-designated adults who are school employees will file a voluntary, written, current and unexpired letter of intent stating their willingness to be a parent-designated adult. Parent-designated adults who are school employees are required to receive training in caring for students with epilepsy from the school nurse. Parent-designated adults will receive additional training from a parent-selected health care professional or expert in epileptic care to provide the care (including medication administration) requested by the parent.

Parent-designated adults who are not school employees are required to show evidence of comparable training, and meet school district requirements for volunteers. Parent-designated adults will receive additional training from a parent-selected health care professional or expert in epileptic care to provide the care requested by the parent. The school nurse is not responsible for the supervision of procedures authorized by the parents and carried out by the parent-designated adult.



3417—CATHETERIZATION

The board authorizes qualified staff to provide clean, intermittent bladder catheterization (CIC) of students or assisted self-catheterization according to rules adopted by the State Board of Nursing.

Employees who are not licensed nurses and whose job descriptions do not require performing catheterizations may file a written statement of refusal to perform catheterizations. Refusal will not adversely affect the employee’s job status or be grounds for dismissal.

Catheterization is authorized permitted under the following conditions:

  • A parent, legal guardian or other person having legal control over the student files a written, current and unexpired request that the district provide for the catheterization of the student;
  • A licensed physician of the student files a written, current and unexpired request that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
  • A registered nurse provides written, current and unexpired instructions regarding catheterization that states which staff members are designated to provide for catheterization and a description of the nature and extent of any supervision that is required; and
  • Any staff member who is authorized to provide for catheterization must receive training from a registered nurse consistent with the rules of the State Board of Nursing.  Licensed practical nurses (LPNs) are trained to provide catheterization as part of their professional preparation and are not subject to this training requirement.

Employees (except licensed nurses) who have not previously agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description may file a written letter of refusal to perform catheterization. The employee’s refusal may not serve as grounds for discharge, nonrenewal or any other action adversely affecting the employee’s contract status.

The district and its staff and the staff member who provides for catheterization in substantial compliance with this policy and the rules of the state board of nursing will not be liable in any criminal action or for civil damages arising from providing catheterization. The district may discontinue catheterization service for a student without being liable so long as the affected parents/guardians are given advance oral/written notice.

Cross References:
2161 – Special Education and Related Services for Eligible Students

Legal References:
RCW 28A.210.255 Provision of health services in public and private schools — Employee job description
RCW 28A.210.280 Catheterization of public and private school students
RCW 28A.210.290 Catheterization of Public and Private School Students — Immunity from liability
WAC 246-840-820 Provision for clean, intermittent catheterization in schools

Management Resources:
2014 – December issue
2003 – December issue Policy News, December 2003 Updated Legal References for Catheterization, Facilities Planning and Student Records Policies
2003 – June issue Policy News, June 2003 Catheterization Policy Update

Adoption Date: 03/26/15
Raymond School District #116



3418—RESPONSE TO STUDENT INJURY OR ILLNESS

The board recognizes that schools are responsible for providing first aid or emergency treatment in case of injury or illness of a student. To that end, the board encourages school staff to become certified in first aid. Further, medical attention in non-emergency cases is the responsibility of the parent or guardian. Schools will notify the parent or guardian of students who suffer injuries, illness or physical trauma at school or at any school-sponsored activity as soon as practicable.

The superintendent will establish procedures to be followed consistent with this policy.

Cross References:
3422 – Student Sports – Concussion and Head Injuries
3124 – Removal-Release of Student During School Hours

Management Resources:
2014 – June Policy & Legal News Issue

Adoption Date: 9/25/14
Raymond School District #116



3418P—EMERGENCY TREATMENT

Staff are encouraged to become trained and/or maintain skills in recognized first aid procedures, especially through Red Cross certified providers. Staff have the affirmative duty to aid an injured student and act in a reasonable and prudent manner in obtaining immediate care. The staff member who exercises his/her judgment and skills in aiding an injured person during the school day or during a school event is protected by the district’s liability insurance except when the individual is operating outside the scope of his/her employment or designated duties.

Any child who appears to be very ill or who has received a serious injury should be either sent home or to a physician or hospital as quickly as possible. The principal shall be responsible for making the appropriate decision. In the event the principal or nurse is not available, the staff member designated by the principal to take charge in emergency situations shall be responsible for the decision. For a life-threatening emergency (severe bleeding, shock, breathing difficulty, heart attack, head or neck injuries), call for an aid car. The principal, nurse, responsible designated person, or involved staff member should contact the parent as quickly as possible to determine whether the child should:

A. be sent to a hospital, or

B. be sent to a doctor, or

C. be sent home, or

D. remain at school.

If the parent cannot be contacted, call the emergency number listed on the child’s enrollment card to determine the next course of action.

If a seriously ill or injured child is sent home or to the hospital by private automobile, be sure that someone trained in first aid accompanies the child. This is in addition to the driver of the vehicle. Do not let a child walk home if he/she has a high fever (102+), has a head injury, or is likely to go into shock from injury. Even if the parent says to send the child, do not send home unaccompanied if the way home is not likely to be a safe route.

If illness or injury is not life-threatening, the parent should arrange transportation. If ambulance service is required, ask the parent to call the ambulance or secure permission from the parent to call one. The child should be sent to the hospital of the parent’s choice. Be sure to notify the hospital that the child is on the way.

If the injury is deemed to be minor, the trained staff member should:

A. Administer first aid to the child as necessary (following flip chart in nurse’s office or standard Red Cross procedure).

B. Notify the nurse, principal or responsible designated person. The nurse may be consulted by phone if not in the building.

C. Remain with the child until released by the principal, nurse, responsible person, or the parent.

D. The nurse, principal or other responsible person so designated should make the decision whether an ill or injured child who has received first aid should return to class. If there is any doubt the parent should be consulted.

If a serious injury occurs during a physical education class or during an athletic team practice or game, emergency procedures shall be conducted in the following manner:

A. Stop play immediately at first indication of possible injury or illness.

B. Look for obvious deformity or other deviation from the athlete’s normal structure or motion.

C. Listen to the athlete’s description of his complaint and how the injury occurred.

D. Act, but move the athlete only after serious injury is ruled out.

The teacher or coach should avoid being hurried into moving an athlete who has been hurt. He/she should attempt to restore life – sustaining functions, (e.g., stop/repair uncontrolled bleeding, suffocation, cardiac arrest) before moving the athlete to an emergency facility. An athlete with a suspected head, neck or spinal injury should not be moved. If no physician is available, call 911 and proceed with caution according to first aid procedures. If he/she must accompany the student to a doctor, the activity or event should cease.

An accident report must be completed by the activity director, as soon as possible, from information provided by the person at the scene of the accident. The written report should include a description of the circumstances of the illness or injury and procedures followed in handling it at school. A copy should be included in the student’s folder and a copy should be sent to the superintendent.

School staff may not accept and may not agree to comply with directives to physicians that would withhold or withdraw life-sustaining treatment from students.



3419—SELF-ADMINISTRATION OF ASTHMA AND ANAPHYLAXIS MEDICATIONS

Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.

It is the policy of the board of directors that students with asthma or anaphylaxis are afforded the opportunity to self-administer prescribed medications. The student’s parent or guardian will submit a written request and other documentation required by the school. The student’s prescribing health care provider must provide a written treatment plan.

The student must demonstrate to the school’s professional registered nurse that the student is competent to possess and self-administer prescribed medications during school and at school sponsored events.

The superintendent will establish procedures that implement this policy and follow emergency rescue procedures outlined in the most recent edition of AMES: Asthma Management in Educational Settings, in cases of suspected asthma and the emergency rescue procedures outlined in the Office of the Superintendent of Public Instruction’s Guidelines for the Care of Students with Anaphylaxis (2009) in cases of suspected anaphylaxis.

Cross References:
Model Policy 3416 Medication at School
Model Policy 2161 Special Education and Related Services for Eligible Students
Model Policy 2162 Education of Students with Disabilities under Section 504 of the Rehabilitative Act of 1973
Model Policy 3420 Anaphylaxis Prevention and Response

Legal References:
42 U.S.C. 280 Public Health Service Act
42 U.S.C. 12212 Section 512 Americans with Disabilities Act of 1990
34 CFR Part 104 Section 504 of Rehabilitation Act of 1973
RCW 28A.210.370 Students with Asthma
RCW 28A.210.380 Anaphylaxis-Policy guidelines-Procedures-Reports

Management Resources:
Policy News, August, 2012 Self-Administration of Asthma and Anaphylaxis Medications
Policy News, February 2009 Anaphylaxis Prevention Policy Required
OSPI, March 2009 Guidelines for the Care of Students with Anaphylaxis

Adoption Date: 10/25/12
Raymond School District #116



3419P—SELF-ADMINISTRATION OF ASTHMA AND ANAPHYLAXIS MEDICATIONS

Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.

Students with asthma or anaphylaxis are authorized, in consultation with the school’s professional registered nurse, to possess and self-administer medication for asthma or anaphylaxis during the school day, during school sponsored events and while traveling to and from school or school sponsored activities. The student will be authorized to possess and self-administer medication if the following conditions are met:

1. The parent or guardian must submit a written request for the student to self-administer medication(s) for asthma or anaphylaxis;

2. A health care practitioner has prescribed the medication for use by the student during school hours and the student has received instructions in the correct and responsible way to use the medication(s);

3. The student demonstrates to the health care practitioner and a professional registered nurse at the school the skill necessary to use the medication and to use the device necessary to administer the medication;

4. The health care practitioner provides a written treatment plan for managing the asthma or anaphylaxis episodes of the student and for use of medication during school hours. The written treatment plan should include name and dosage of the medication, frequency with which it may be administered, possible side effects and the circumstances that warrant its use;

5. The parent or guardian must sign a statement acknowledging that the district will incur no liability as a result of any injury arising from the self- administration of medication by the student and that the parents or guardians will indemnify and hold harmless the district and its employees or agents against any claims arising out of the self administration of medication by the student.

The authorization to self medicate will be valid for the current school year only. The parent or guardian must renew the authorization each school year.

In the event of an asthma or anaphylaxis emergency, the district will have the following easily accessible:

  • The student’s written treatment plan;
  • The parent or guardian’s written request that the student self medicate; and
  • The parent or guardian’s signed release of liability form.
  • Backup medication, if provided by the parent or guardian, will be kept at a location in the school to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
  • A student’s authorization to possess and self-administer medication for asthma or anaphylaxis may be limited or revoked by the building principal after consultation with the school’s professional registered nurse and the student’s parents or guardian if the student demonstrates an inability to responsibly possess and self-administer such medication.

Asthma or Anaphylaxis Rescue Procedures

In the event of an asthma or anaphylactic episode, the school nurse will be immediately contacted. In the absence of the school nurse, the person responsible for school health duties will be contacted.

For asthma, the district will follow the procedures outline in the most recent edition of the AMES: Asthma Management in Educational Settings including:

  • Managing the students’ school environment;
  • Training school personnel in rescue procedures;
  • Accompanying all students exhibiting symptoms;
  • Providing care as designed in the student’s emergency care plan;
  • Calling 911, if appropriate;
  • Notifying the students parent or guardian;
  • Documenting interventions; and
  • Reviewing the student’s emergency care plan and making changes, if necessary.

For anaphylaxis, the district will follow the Guidelines for the Care of Students with Anaphylaxis published by the Office of the Superintendent of Public Instruction.



3420—ANAPHYLAXIS PREVENTION AND RESPONSE

Anaphylaxis Prevention and Response

Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body.  Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.

The Raymond Board of Directors expects school administrators, teachers, and support staff to be informed and aware of life threatening allergic reactions (anaphylaxis) and how to deal with the resulting medical emergencies. For students, some common life-threatening allergens are peanuts, tree nuts, fish, bee or other insect stings, latex, and some medications. Affected students require planned care and support during the school day and during school sponsored activities. Additionally, any student could potentially have a life threatening allergic reaction even without a history of such.

Parents/guardians are responsible for informing the school about their student’s potential risk for anaphylaxis and for ensuring the provision of ongoing health information and necessary medical supplies. The district will take reasonable measures to avoid allergens for affected students. The district will also train all staff in the awareness of anaphylaxis and prepare them to respond to emergencies. Additionally, student specific training will be provided for appropriate personnel.

Even with the district’s best efforts, staff and parents/guardians need to be aware that it is not possible to achieve a completely allergen-free environment. However, the district will take precautions to reduce the risk of a student with a history of anaphylaxis coming into contact with the offending allergen in school.

The district may maintain at designated school locations a supply of epinephrine auto injectors based on the number of students enrolled at the school. Undesignated epinephrine auto injectors must be obtained with a prescription in the name of the school by a licensed health professional within the scope of their prescribing authority and must be accompanied by a standing order protocol for their administration.

In the event a student with a current prescription for an epinephrine auto injector on file at the school experiences an anaphylactic event, the school nurse or designated trained school personnel may use the school supply of epinephrine auto injectors to respond if the student’s supply is not immediately available. In the event a student with a current prescription for epinephrine on file with the school or a student with undiagnosed anaphylaxis experiences an anaphylactic event, the school nurse may utilize the school supply of epinephrine to respond under the standing order protocol according to RCW 28A.210.380 and RCW 28A.210.383.

The school’s supply of epinephrine auto injectors does not negate parent/guardian responsibility to ensure that they provide the school with appropriate medication and treatment orders pursuant to RCW 28A.210.320 if their student is identified with a life-threatening allergy.

The superintendent will establish procedures to support this policy and to ensure:

  1. Rescue protocol in cases of suspected anaphylaxis will follow OSPI’s Guidelines for the Care of Students with Anaphylaxis (2009);
  2. A simple and standardized format for emergency care plans is utilized;
  3. A protocol is in place to ensure emergency care plans are current and completed;
  4. Medication orders are clear and unambiguous;
  5. Training and documentation is a priority; and
  6. Each school’s supply of epinephrine auto injectors, if any, is maintained pursuant to manufacturer’s instructions and district medication policy and procedures.
Cross References: 3420 – Anaphylaxis Prevention and Response
3419 – Self-Administration of Asthma and Anaphylaxis Medications
3418 – Emergency Treatment
3416 – Medication at School

 

Legal References: WAC 392-380 PUBLIC SCHOOL PUPILS—IMMUNIZATION REQUIREMENT AND LIFE-THREATENING HEALTH CONDITION
RCW 28A.210.383 Anaphylaxis — Policy guidelines — Procedures — Reports.

 

Management Resources: 2018 – August Issue

2013 – December Issue

2012 – August Issue
2009 – February Issue
OSPI, March 2009 Guidelines for the Care of Students with Anaphylaxis

Adoption Date: 11/2018

Raymond School District #116
Revised Dates: 02.09: 12.11; 08.12; 12.13; 08.18



3420P—ANAPHYLAXIS PREVENTION AND RESPONSE

For students with a medically diagnosed life-threatening allergy (anaphylaxis), the district will take appropriate steps for the student’s safety, including implementing a nursing care plan. The district will utilize the Guidelines for the Care of Students with Anaphylaxis published by the Office of the Superintendent of Public Instruction.

Parent/Guardian Responsibility

Prior to enrolling a student, the parent/guardian will inform the school in writing of the medically diagnosed allergy(ies) and risk of anaphylaxis. School districts will develop a process to identify students at risk for life-threatening allergies and to report this information to the school nurse. Upon receiving the diagnosis, school staff will contact the parent/guardian to develop a nursing care plan. A nursing care plan will be developed for each student with a medically diagnosed life-threatening allergy.

Nursing Care Plan

The school nurse (registered nurse) will develop a written plan that identifies the student’s allergies, symptoms of exposure, practical strategies to minimize the risks, and how to respond in an emergency.

The principal or designee (school nurse) may arrange for a consultation with the parent/guardian prior to the first day of attendance to develop and discuss the nursing care plan. The plan will be developed by the school nurse in collaboration with parent/guardian, licensed health care provider (LHP), and appropriate school staff. If the treatment plan includes self-administration of medications, the parent/guardian, student, and staff will comply with model policy and procedure 3419, Self-Administration of Asthma and Anaphylaxis Medication.

Annually and prior to the first day of attendance, the student health file will contain: 1) a current, completed nursing care plan; 2) a written description of the treatment order, signed by a LHP; and 3) an adequate and current supply of auto-injectors (and  other medications if needed). The school will also recommend to the parents/guardians that the student wear a medical alert bracelet all times. The parents/guardians are responsible for notifying the school if the student’s condition changes and for providing the medical treatment order, appropriate auto-injectors, and other medications as ordered by the LHP.

The district will exclude from school those students who have a medically diagnosed life-threatening allergy and no medication or treatment order presented to the school to the extent that the district can do so consistent with federal requirements for students with disabilities under the Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, and pursuant to the following due process requirements:

  1. Written notice to the parents/guardians or persons in loco parentis is delivered in person or by certified mail;
  2. Notice of the applicable laws, including a copy of the laws and rules; and
  3. The order that the student will be excluded from school immediately and until medications and a treatment order are presented.

Communications Plan and Responsibility of School Staff

After the nursing care plan is developed, the school principal or a designee will inform appropriate staff regarding the affected student. The school nurse (registered nurse) will train appropriate staff regarding the affected student and the nursing care plan. The plan will be distributed to appropriate staff and placed in appropriate locations in the district (classroom, office, school bus, lunchroom, near playground, etc.). With the permission of parents/guardian and the student, (if appropriate), other students and parents may be given information about anaphylaxis to support the student’s safety and control to exposure to allergens.

All School Staff Training

Annually, each school principal will provide an in-service training on how to minimize exposure and how to respond to an anaphylaxis emergency. The training will include a review of avoidance strategies, recognition of symptoms, the emergency protocols to respond to an anaphylaxis episode (calling 911/EMS when symptoms of anaphylaxis are first observed), and hands-on training in the use of an autoinjector. Training should also include notifications that more than one dose may be necessary in a prolonged anaphylaxis event.

Student specific training and additional information will be provided (by the school nurse) to teachers, teacher’s assistants, clerical staff, food service workers, and bus drivers who will have known contact with a student diagnosed with a known allergen.

Student-specific Training

Annually, before the start of the school year and/or before the student attends school for the first time, the school nurse will provide student-specific training and additional information to teachers, teacher’s assistants, clerical staff, food service workers, and bus drivers who will have known contact with a student diagnosed with a known allergen and are implementing the nursing care plan.

Controlling the Exposure to Allergens

Controlling the exposure to allergens requires the cooperation of parents, students, the health care community, school employees, and the board. The district will inform parents of the presence of a student with life threatening allergies in their child’s classroom and/or school and the measures being taken to protect the affected student. Parents will be asked to cooperate and limit the allergen in school lunches and snacks or other products. The district will discourage the sharing of food, utensils, and containers. The district will take other precautions such as avoiding the use of party balloons or contact with latex gloves. Additionally, play areas will be specified that are lowest risk for the affected student.

The district will also identify high-risk events and areas for students with life-threatening allergies, such as foods and beverages brought to school for seasonal events, school equipment, and curricular materials used by large numbers of students (play-dough, stuffed toys, science projects, etc.), and implement appropriate accommodations.

During school-sponsored activities, appropriate supervisors, staff, and parents will be made aware of the identity of the student with life-threatening allergies, the allergens, symptoms, and treatment. The lead teacher will ensure that the auto-injector is brought on field trips.

Undesignated Epinephrine Autoinjectors

District Prescription and Standing Order Protocol

The district may maintain a supply of undesignated epinephrine autoinjectors that will be prescribed in the name of the district by a licensed health professional with the authority to prescribe epinephrine autoinjectors. The district prescription is valid for one school year only and will be renewed prior to the start of each school year.

Each prescription must be accompanied by a standing order for the administration of school-supplied epinephrine autoinjectors for potentially life-threatening allergic reactions. The standing order protocol should include specific symptoms of anaphylaxis, the dose of medication, and directions to summon emergency medical services (EMS 911) upon observance of symptoms of anaphylaxis. Parent/guardian notification should occur as soon as possible after EMS is notified.

Donation

The district will obtain epinephrine autoinjectors directly from an appropriate practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler.  All epinephrine autoinjectors must be accompanied by a prescription.

Storage/maintenance/expiration/disposal

School staff will comply with all manufacturer’s instructions as to storage, maintenance, expiration, and disposal of epinephrine autoinjectors. School staff will also comply with district medication policy and procedures related to safe, secure management of medications.

Administration

Epinephrine autoinjectors may be used on all school property, including buildings, playgrounds, and school buses. For school-sponsored events and field trips, the school nurse or designated trained school personnel may carry an appropriate supply of school-supplied epinephrine autoinjectors. This does not negate the need to carry the supply of epinephrine autoinjectors belonging to students with known anaphylaxis.

In the event a student without a current prescription on file with the school or a student with undiagnosed anaphylaxis experiences an anaphylactic event, the school nurse may utilize the school supply of epinephrine to respond under the standing order protocol.

In the event a student with a current prescription for an epinephrine autoinjector on file at the school experiences an anaphylactic event, the school nurse or designated trained school personnel may use the school supply of epinephrine autoinjectors to respond if the student’s supply is not immediately available.

The district will maintain all practices regarding prescriptions and self-medication for children with existing epinephrine autoinjector prescriptions and/or a guided anaphylaxis care plan. Parents/guardians of students with identified life-threatening allergies must continue to provide the school with appropriate medication and treatment orders pursuant to RCW 28A.210.320, Life-Threatening Conditions.

Employee Opt-Out

School employees (except licensed nurses) who have not previously agreed in writing to the use of epinephrine autoinjectors as part of their job description may file a written letter of refusal to administer epinephrine autoinjectors with the districts.  The employee’s refusal may not serve as grounds for discharge, non-renewal, or other action adversely affecting the employee’s contract status.

No Liability

If the school employee or school nurse who administers epinephrine by autoinjector to a student substantially complies with the student’s prescription (that has been prescribed by a licensed health professional within the scope of the professional’s prescriptive authority) and the district’s policy on anaphylaxis prevention and response, the employee, nurse, district, superintendent, and board are not liable for any criminal action or civil damages that result from the administration.

Revised Dates: 02.09; 12.11; 08.12; 12.13; 08.18



3421‑CHILD ABUSE, NEGLECT, AND EXPLOITATION PREVENTION

Child abuse, neglect, and exploitation are violations of children’s human rights and an obstacle to their educational development. The board directs that staff will be alert for any evidence of such child abuse, neglect, or exploitation.

For purposes of this policy, the term “child” means anyone under the age of 18 and/or any current student of the district, including home- schooled students or any other person classified as a student in the district’s database.

“Child abuse, neglect, or exploitation” means:

  • Inflicting physical injury on a child by other than accidental means, causing death, disfigurement, skin bruising, impairment of physical or emotional health, or loss or impairment of any bodily function;
  • Creating a substantial risk of physical harm to a child’s bodily functioning;
  • Attempting, committing, or allowing to be committed any sexual offense against a child as defined in the criminal code. This definition also includes any communications with a child for immoral purposes or viewing, possessing, or distributing any sexually explicit images of a child. It also includes , or intentionally contacting, touching, either directly or through the clothing, the genitals, anus, or breasts of a child unless the contact is necessary for the child’s for other than hygiene , child care or health care. This also includes a child’s intentional or coerced contact with anyone’s genitals, anus, or breasts purposes;
  • Committing acts which acts that are cruel or inhumane regardless of observable injury. TheseSuch acts may include, but are not limited to, instances of extreme discipline demonstrating a disregard of a child’s pain or mental suffering;
  • Assaulting or criminally mistreating a child as defined by the criminal code;
  • Failing to provide food, shelter, clothing, supervision, or health care necessary to a child’s health or safety;
  • Engaging in actions or omissions resulting in injury to, or creating a substantial risk to the physical or mental health or development of a child; or
  • Failing to take reasonable steps to prevent the occurrence of the preceding actions.

Children (including other students), family members, and any other adult can engage in child abuse, neglect, or exploitation. This may include incidents of student on student misconduct. Staff should report all incidents of abuse regardless of the age of the person who engages in it.

Subject to the definition above, staff generally should not focus on a person’s mental status to determine if she or he has committed child abuse, neglect, or exploitation. The law governing mandated reporting does not allow for exceptions for people with medical conditions that may mitigate the intent for committing child abuse, neglect, or exploitation.Child abuse can include abuse by another minor and so may be included in incidents of student misconduct.

When feasible, the district will provide community education programs for prospective parents, foster parents, and adoptive parents on parenting skills and on the problems of child abuse and methods to avoid child abuse situations. The district will also encourage staff to participate in in-service programs that address deal with the issues surrounding child abuse.

The superintendent will develop reporting procedures and provide them to , including sample indicators of abuse and neglect, and will disseminate the procedures to all staff on an annual basis. The purpose is to identify and timely report as soon as possible to the proper authorities all evidence of child abuse, or neglect, or exploitation to the proper authorities.   Staff will receive training regarding reporting obligations during their initial orientation and every three years after initial employment.

All classified and certified staff are legally responsible for reporting all suspected cases of child abuse, neglect, and exploitation to the proper authorities and/or the appropriate school administrator. and neglect . A certificated or classified school employee who has knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee will report such abuse or misconduct to the appropriate school administrator. The administrator will report to the proper law enforcement agency if he or she has reasonable cause to believe that the misconduct or abuse has occurred as required under RCW 26.44.030. Under state law, staff are free from liability for reporting a reasonable suspicion of child instances of abuse, neglect, or exploitation. However, failing to report the incident may result in criminal liability regardless of whether the authorities determine the incident is provable in a subsequent legal proceeding. or neglect and professional staff are criminally liable for failure to do so.

Staff need not verify that a report that a child has in fact been abused, or neglected, or exploited. Any conditions or information that may be reasonably be related to child abuse, or neglect, or exploitation should be reported. Legal authorities have the responsibility for investigating each case and taking appropriate such action as is appropriate under the circumstances.

Cross References:
3226 – Interviews and Interrogations of Students on School Premises
3241P – Procedure Child Abuse, Neglect, and Exploitation Prevention
4310 – District Relationships with Law Enforcement and other Government Agencies
4265 – Community Education Program

Legal References:
RCW 13.34.300 Relevance of failure to cause juvenile to attend school as evidence to neglect petition
RCW 26.44.020 Definitions
RCW 26.44.030 Reports — Duty and authority to make — Duty of receiving agency — Duty to notify — Case planning and consultation — Penalty for unauthorized exchange of information — Filing dependency
petitions — Investigations — Interviews of children — Records — Risk assessment process
RCW 28A.320.160 Alleged sexual misconduct by school employee — Parental notification — Information on public records act
RCW 28A.400.317 Physical abuse or sexual misconduct by school employees — Duty to report — Training
RCW 28A.620.010 Purposes
RCW28A.620.020 Restrictions — Classes on parenting skills and child abuse prevention encouraged
RCW 43.43.830 Background checks — Access to children or vulnerable persons – Definitions
WAC 388-15-009 What is child abuse or neglect?
AGO 1987, No. 9 Children — Child Abuse — Reporting by School Officials — Alleged Abuse by Student

Management Resources:
2015 – June Issue
2010 – April Issue
Policy News, February 2007 Physical Abuse and Sexual Misconduct Notice Requirements
Policy News, June 1999 23% of districts out-of-compliance on child abuse policies

Adoption Date: 08/25/15
Raymond School District #116



3421P‑CHILD ABUSE, NEGLECT, AND EXPLOITATION PREVENTION

Each school principal will develop and implement an instructional program that will teach students:

  1. How to recognize the factors that may cause people to abuse, neglect, or exploit children; others;
  2. How one may protect oneself from incurring these forms of maltreatment abuse; and
  3. What resources are available to assist an individual who does or may encounter an abusive situation.

To facilitate such a program, staff development activities may include such topics as:

  1. Child growth and development;
  2. Identification of child abuse, and neglect, and exploitation;
  3. Effects of child maltreatment abuse and neglect on child growth and development;
  4. Personal safety as it relates to potential child abuse, and neglect, and exploitation;
  5. Parenting and supervision skills;
  6. Life situations/stressors which may lead to child maltreatment; or
  7. Substance abuse.

Reporting Responsibilities

Staff are expected to report every instance of suspected child abuse, or neglect, or exploitation. Since protection of children is the paramount concern, staff should discuss any suspected evidence with the principal, or nurse, or supervisor regardless of whether the condition is listed among the indicators of abuse or neglect.

Staff are reminded of their obligation as district employees to report suspected child abuse, neglect, or exploitation. Professional staff are reminded of their legal obligation to make such report these incidents. Staff are also reminded of their immunity from potential liability for doing so. The following procedures are to be used in reporting instances of suspected child abuse, neglect, or exploitation:

When there is reasonable cause to believe that a student has suffered abuse, or neglect, or exploitation, staff or the principal will immediately contact the nearest office of the Child Protective Services (CPS) of the Department of Social and Health Services (DSHS). If the situation is urgent and CPS cannot immediately respond, staff shall immediately contact the local law enforcement agency. this agency cannot be reached, the report will be submitted to the police, sheriff, or prosecutor’s office. Such contact must be made within forty-eight (48) hours.
Staff will also advise the principal or supervisor regarding instances of suspected abuse, or neglect, or exploitation as well as and reports of suspected abuse that have been made to CPS state authorities or law enforcement. In his/her absence, the report will be made to the nurse or counselor.

A staff member may contact wish to discuss the circumstances with an employee of CPS to for assistance in determining if a report should be made. Child Protective Services has the responsibility of determining the fact of child abuse or neglect. Any doubt about the child’s condition will be resolved in favor of making the report.

A written report will be submitted promptly to the agency to which the phone report was made. The report will include:

  1. The name, address and age of the child;
  2. The name and address of the parent or person having custody of the child;
  3. The nature and extent of the suspected abuse or neglect;
  4. Any evidence of previous abuse or any other information that may relate to the cause or extent of the abuse or neglect; and
  5. The identity, if known, of the person accused of inflicting the abuse.

When the district receives a report that a school employee has committed an act of sexual misconduct, it will notify the parents of the alleged victim within The district will within forty-eight (48) hours of receiving a report alleging sexual misconduct by a school employee notify the parents of a student alleged to be the victim, target or recipient of the misconduct.

Abuse Indicators

Physical abuse indicators:

  1. Bilateral bruises, extensive bruises, bruises of different ages, patterns of bruises caused by a particular instrument (belt buckle, wire, straight edge, coat hanger, etc.) or unreasonable use of force (grabbing, pinching, dragging, and/or other unapproved forms of restraint);
  2. Burn patterns consistent with forced immersion in a hot liquid (a distinct boundary line where the burn stops), burn patterns consistent with a spattering by hot liquids, patterns caused by a particular kind of implement (electric iron, etc.) or instrument (circular cigarette burns, etc.);
  3. Lacerations, welts, abrasions;
  4. Injuries inconsistent with information offered by the child;
  5. Injuries inconsistent with the child’s age; or
  6. Injuries that regularly appear after absence or vacation.

Emotional Abuse Indicators:

  1. Lags in physical development;
  2. Extreme behavior disorder;
  3. Fearfulness of adults or authority figures; or
  4. Revelations of highly inappropriate adult behavior, i.e., being enclosed in a dark closet, forced to drink or eat inedible items.

Sexual Abuse Indicators

Sexual abuse, whether physical injuries are sustained or not, is any act or acts involving intentional sexual contact, conduct, or communication with a child. Beyond direct evidence of this kind of abuse, molestation or exploitation, including but not limited to incest, rape, carnal knowledge, sodomy or unnatural or perverted sexual practices. iIndicators may include, but are not limited to:

  • A child’s developmentally inappropriate sexual conduct, regardless of the child’s own mental status or development;
  • Child engaging in “sex talk”, drawings, or attempting to access pornography;
  • Child’s disclosure of “grooming behaviors” or inappropriate conduct that does not necessarily rise to a specific sexual act;
  • An adult’s attempt to form a secret or unreasonably special relationship with a child;
  • Venereal disease in a child of any age;
  • Evidence of physical trauma or bleeding to the oral, genital or anal areas; or
  • Pregnancy.
  • Child having difficulty sitting down;
  • Child refusing to change into gym clothes (when he/she has been willing to change in the past);
  • Venereal disease in a child of any age;
  • Evidence of physical trauma or bleeding to the oral, genital or anal areas;
  • Child running away from home and not giving any specific complaint about what is wrong at home; or
  • Pregnancy at 11 or 12 with no history of peer socialization.

Physical Neglect Indicators

  • Lack of basic needs (food, clothing, safety, shelter);
  • Inadequate supervision; (unattended);
  • Lack of essential health care and high incidence of illness;
  • Poor hygiene on a regular basis;
  • Inappropriate clothing in inclement weather; or
  • Abandonment.

Some Behavioral Indicators of Abuse:

  • Wary of adult contact;
  • Frightened of parents;
  • Afraid to go home;
  • Habitually truant or late to school;
  • Arrives at school early and remains after school later than other students;
  • Wary of physical contact by adults;
  • Shows evidence of overall poor care;
  • Parents or caretakers describe child as “difficult” or “bad;”
  • Inappropriately dressed for the weather — no coat or shoes in cold weather or long sleeves and high necklines in hot weather (possibly hiding marks of abuse); or
  • Exhibit behavioral extremes: crying often or never, unusually aggressive or withdrawn and fearful.

NOTE: Behavioral indicators in and of themselves do not necessarily prove that abuse, neglect, or exploitation has occurred. However, together with other indicators they still may warrant a referral to CPS or law enforcement. When in doubt, staff should consult with CPS about making a report.

Child abuse as defined by the statutes can be inflicted “by any person” and may include student-on-student abuse. These cases also require reporting to CPS, DSHS or law enforcement. Child abuse in this and all other cases requires two elements. First, there must be injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment. Second, there must be harm to the child’s health, welfare or safety.

Adoption Date: 08/25/15
Raymond School District #116



3422‑STUDENT SPORTS-–CONCUSSION, HEAD INJURY & SUDDEN CARDIAC ARREST

Concussion and Head Injury

The Raymond Board of Directors recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and other recreational activities.

The board acknowledges that the risk of catastrophic injuries or death are risk of catastrophic injuries or death is significant when a concussion or or head injury is not properly evaluated and managed.

Therefore, all competitive sport activities in the district will be identified by the administration and all appropriate district staff, coaches and team volunteers will complete training as required in the district procedureProcedure 3422 to recognize warning suspicious signs and symptoms of concussion and head injury. .  Additionally, all coaches will comply with Washington Interscholastic Activities Association (WIAA) guidelines for the management of concussions and head injuries.

Consistent with Washington law, the district will utilize guidelines developed with the WIAA and other pertinent information and forms to inform and educate coaches, youth athletes, and their parents/ and/or guardians of the nature and risk of concussions or head injuries, including the dangers associated with continuing to play after a concussion or head injury.  Annually, the district will distribute a head injury and concussion information sheet to all parents/guardians of student participants in competitive sport activities.

Prior to their first use of school facilities, all private nonprofit youth programs must provide a written statement of compliance with this policy in regard to concussion and head injury with proof of insurance as required by RCW 4.24.660.

Sudden Cardiac Arrest

The Board of Directors further recognizes that sudden cardiac arrest is reported to be the leading cause of death in young athletes. The board will work with the WIAA and the University of Washington medicine center for sports cardiology to make available an online pamphlet that provides student athletes, their parents/guardians and coaches with information about sudden cardiac arrest.

To this end, the district will maintain a link on its website to the OSPI website where the online pamphlet will be posted.

Annually, prior to participating in an interscholastic athletic activity, students and their parent/guardian must review the online pamphlet and return a signed statement to the school documenting their review. This form may be combined with the annually distributed head injury and concussion information sheet referenced above.

The board will also work with the WIAA and the University of Washington medicine center for sports cardiology to make available an existing online sudden cardiac arrest prevention program for coaches. Every three years, prior to coaching an interscholastic athletic activity, all coaches will complete the online program and provide a certificate of completion to the district.

Annually, the district will distribute a head injury and concussion information sheet to all parents and guardians of student participants in competitive sport activities. The parent/guardian and student must return a signed acknowledgement indicating that they have reviewed and understand the information provided before the student participates in any covered activity. Until this acknowledgement form is returned and on file with the district, the student may not practice or compete.  All coaches, including volunteers, will complete training as required in the district procedure. Additionally, all coaches will comply with Washington Interscholastic Activities Association (WIAA) guidelines for the management of sudden cardiac arrest.

Prior to their first use of school facilities, all private nonprofit youth programs must provide a written statement of compliance with this policy in regard to sudden cardiac arrest with proof of insurance as required by RCW 4.24.660.

Cross References:
3413 – Automated External Defibrillators
3418 – Response to Student Injury or Illness
4260 – Use of School Facilities

Legal References:
RCW 4.24.660 Liability of school districts under contract with youth programs
Chapter 28A.600 RCW Students

Management Resources:
2015 – June Issue
2014 – August Issue
2009 – August Issue

Adoption Date: 08/25/15
Raymond School District #116



3422P‑STUDENT SPORTS-–CONCUSSION, and HEAD INJURIES AND SUDDEN CARDIAC ARREST

Concussion, and Head Injury and Sudden Cardiac Arrest Management in Student Sports

Athletic Director or Administrator in Charge of Athletics Duties:

Updating: Each spring, the athletic director, or the administrator in charge of athletics if there is no athletic director, will review any changes that have been made in forms required for concussion, and head injury and sudden cardiac arrest management by consulting with the WIAA or the WIAA Web site. If there are any updated forms, they will be adopted and used for the upcoming school year.

Identifying Sports: By June 30 of each year, the athletic director or administrator in charge will identify competitive sport activities in the district for which compliance with the concussion and head injury policy Policy 3422 is required. A list of competitive sports activities, Policy 3422 and this procedure and the district’s policy and procedure 3422 will be distributed to all coaching staff and volunteers.

Coach Training: All coaches will undergo training in head injury and concussion management and at least once every two years by one of the following means: (1) through attendance at a WIAA or similar clock hour presentation which uses WIAA guidelines; or (2) by completing WIAA online training. All coaches will undergo training in sudden cardiac arrest prevention every three years by completing an online program developed by the WIAA and the University of Washington medicine center for sports cardiology and providing proof of completion of same to the district.

Parent Information Sheet: On a yearly basis and prior to the youth athlete’s initiating practice or competition, a concussion and head injury information sheet  will be signed and returned by the youth athlete and the athlete’s parent and/or guardian prior to the youth athlete’s initiating practice or competition. The information sheet will also incorporate a statement attesting to the student and parent/guardian’s review of the online pamphlet on sudden cardiac arrest posted on the OSPI website. The statement must be signed by both the student and parent. This information sheet may be incorporated into the parent permission sheet which allows students to participate in extracurricular athletics.

Coach’s Responsibility: A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game or one who exhibits symptoms of sudden cardiac arrest will be immediately removed from play.

Return to Play After Concussion, or Head Injury or symptoms of sudden cardiac arrest: A student athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and sudden cardiac arrest and receives written clearance to return to play from that health care provider. The health care provider may be a volunteer.

Adoption Date: 08/25/15
Raymond School District #116



3432—EMERGENCIES

Drills:

Each school in the district will conduct at least one safety-related drill per month, including summer months when school is in session with students. These drills will teach students the following three basic functional drill responses:

Shelter-in-Place

Students will receive instruction so that in the case of a hazardous vapor release that doesn’t allow time to evacuate the campus, they will be able to remain inside, and take the steps necessary to eliminate or minimize the health and safety hazard.

Lockdowns


Students will receive instruction so that in the event of the breach of security of a school building or campus, staff, students and visitors will be able to take positions in secure enclosures.

Evacuations

Students will receive instruction so that in the event the school or district needs to be evacuated due to threats, such as fires, oil train spills, or tsunamis, they will be able to leave the building in the shortest time possible and take the safest route possible to another school or facility.

The above safety-related drills will incorporate the following:

a. Use of any school mapping information system in at least one of the drills; and

b. A pedestrian evacuation drill for schools in mapped tsunami hazard zones.

These safety-related drills may also incorporate an earthquake drill using the state-approved earthquake safety technique “drop, cover, and hold.”

The superintendent is directed to develop emergency evacuation procedures for each building.

Earthquakes

The board recognizes the importance of protecting staff, students and facilities in the event of an earthquake. Facilities will be designed and maintained in a manner that recognizes the potential danger from such an occurrence. Likewise, staff must be prepared to take necessary action to protect students and staff from harm.

The superintendent will establish guidelines and action taken by building principals should an earthquake occur while school is in session.

Bomb Threats


The superintendent will establish procedures for action in the event that any threat is received toward the school by telephone, letter, orally or by other means.

Emergency School Closure or Evacuation

When weather conditions or other circumstances make it unsafe to operate schools the superintendent is directed to determine whether schools should be started late, closed for the day or transportation will be provided only on emergency routes. Those decisions will be communicated through community media resources pursuant to a plan developed by the superintendent or designee.

Pandemic/Epidemic


The board recognizes that a pandemic outbreak is a serious threat that could affect students, staff and the community. The superintendent or a designee will serve as a liaison between the school district and local health officials. The district liaison, in consultation with local health officials, will ensure that a pandemic/epidemic plan exists in the district and establish procedures to provide for staff and student safety during such an emergency.

When an emergency within a school or its surrounding area necessitates evacuation and/or total or partial closure of the schools within the district, staff will be responsible for aiding in the safe evacuation of the students within the endangered school or its surrounding area.

The superintendent will establish procedures for the emergency closure of a building or department.

Cross References:
4310 – District Relationships with Law Enforcement and other Government Agencies

Legal References:
RCW 19.27.110 International fire code — Administration and enforcement by counties, other political subdivisions and municipal corporations — Fees
RCW 28A.320.125 Safe school plans — Requirements — Duties of school districts, schools, and educational service districts — Reports — Drills — Rules

Management Resources:
2017 – July Issue
June 2008 OSPI School Safety Planning Manual
2013 – June Issue
Policy News, August 2008 School Safety Plans
Policy News, October 2006 Pandemic Flu Planning for School Districts
Policy News, February 1999 Fire drills Required Monthly

Adoption Date: 10/26/17
Raymond School District #116



3432P‑EMERGENCIES

Fire Evacuation:

In the event of a fire: 
Give the fire alarm signal (one long continuous signal);
Call and report the fire; and 
Authority to sound the fire alarm system in the event of a real emergency is possessed by any person who discovers the fire.

Fire evacuation drills
: Instructions must be given to all students on the FIRST DAY of school in September, each year;
A fire/evacuation drill must be held three times each school year; and
It is particularly important that kindergarten children, representing the one large group of children new to the schools, be given instructions in fire drill procedures for the building.

Authority to Call Drills
: The sounding of a fire alarm for the purpose of a drill is an authority possessed solely by the principal, or someone authorized by him/her.

Purpose of Fire Drills: 
Fire drills are held to familiarize the occupants of a building with the signals, evacuation routine, and exits so that in case of emergency there will be no hesitation or confusion in leaving the building. 

These drills are for the safety of all persons involved, and each person must realize that the success of the drill is dependent upon his/her actions and cooperation. Therefore:

  1. All persons in the building must take part in the fire drill; and
  2. Every fire alarm should be considered as a warning of an actual fire.

Frequency – Fire Drills in Schools

  1. Fire drills will be held as often as necessary to assure rapid and orderly evacuation of the school building. During severe weather, fire drills may be postponed. A record of all fire drills will be kept on the premises subject to inspection by the fire chief; and
  2. In schools, fire drills include complete evacuation of all persons from the building.

Warning Signals – Fire Drills

The fire warning signal will be one long continuous signal, whether by bell, siren or horn. 

An emergency warning signal, either by whistle or hand siren, should be planned for, and occasionally used, thereby anticipating possible power failure.

Responsibilities of Staff

Principals will:

  1. Be in complete charge of all matters pertaining to organizing and conducting fire drills in the building, and will be responsible for the efficiency of the drill and all corrective actions or punishments taken for violation of the rules and regulations;
  2. Be thoroughly familiar with the fire alarm system, all firefighting equipment, all means of egress, and any special features of the building that might prove dangerous to human life, (storerooms, lunchrooms, attic spaces, ventilators, etc.) or where fire may spread quickly; 
Be responsible for notifying custodians, engineers, and lunchroom staff that in case of an actual fire, the ventilating systems, the oil burners, gas meters, ovens, etc., are shut off;
Appoint all subordinate officers (see E immediately below) and instruct them in the general plan of the drills and details of their specific duties, such as instruction regarding: 
How to send an alarm to the fire department (including how the fire alarm system operates — both electrical and emergency);
How to use all in-school fire-fighting equipment; and
The importance of quick action to send in a fire alarm signal, and to vacate the building — even if in-school fire-fighting equipment is in use. 
Appoint subordinate officers:
    • Searchers – These are teachers assigned to inspect sections of the buildings to make sure that everyone is out. Cloakrooms, lavatories, teachers’ room, and all other places frequented by students or teachers must be checked. Searchers will rejoin their classes as soon as the inspection is completed.
    • Traffic Guards – These are students appointed by the principal to open doors, assist in traffic control, and maintain order.
    • Fire Drill Aides – These are students appointed by either the principal or teachers to assist in any way deemed necessary, and to take the place of teacher searchers in their absence only. They may be used as messengers, or assigned to aid disabled students or those who are ill or faint.
    • Safety Coordinator – In case of actual fire, during the absence of the principal, it must be clearly understood by the entire staff which person will be in charge.

Teachers will:

  1. Be in charge of their respective classes;
  2. Issue all commands relative to participation in the fire drills except as delegated by them to aides;
  3. Unless assigned as searchers, lead their classes to the designated outside stations; and
  4. Immediately report to the principal or fire drill aides, if any student is unaccounted for after a visual check of students.

Drills on Request


Occasionally, fire department representatives may come to schools and request an immediate fire drill. In general, this is their method of checking upon the quality of the drill program, and principals are expected to cooperate fully, even to the extent of calling a drill at an inconvenient time.

Procedures—In case of fire the principal will:

  • Sound the alarm;
  • Call and identify self to fire department officials, directing them to the location of the fire and give them any necessary special information;
  • Make a building search; and
  • Ensure that teachers and students perform all activities assigned to them during fire drills.

During Fire Drills – when the alarm begins:

  1. Teachers will lead students to the designated exit;
  2. Students will walk briskly (no running), with arm’s length spacing, and without talking, laughing, or breaking from the ranks (no student may leave the line);
  3. Students not in the classroom will join the line of the first group of students met (the student must not return to the classroom);
  4. Teachers will check roll when assigned area is reached;
  5. Teachers will not leave the students gathered at a designated area unless someone is placed in charge;
  6. Teachers will notify the principal if any student is missing; and
  7. The principal will initiate a search for any missing students.

After a Fire Drill:

  1. The principal will give the all clear signal (a short steady signal);
  2. Teachers will lead the students back into the classroom;
  3. Teachers will check the roll;
  4. Students will not loiter in the halls;
  5. Teachers will notify the principal if any student is missing; and
  6. The principal will initiate a search for any missing students.

After a FALSE ALARM the principal will:

  1. Notify the fire department of the incident; and
  2. Notify school officials of the incident.

Lockdown:

Modified Lockdown is initiated to isolate students and staff inside the school from potential dangers outside the school. Modified Lockdown is typically used when events in the vicinity of the school may pose a threat.

Lockdown is initiated to isolate students and staff from immediate dangers which may include armed intruders, violent behaviors, suspicious trespassers, on-campus shootings, bomb threat, sniper, or nearby police activity.

Shelter in Place: 
“Shelter-in-place” is initiated to protect students and staff from chemical, radiological, or biological contaminants released into the environment.  To “shelter-in-place” means to take immediate shelter where you are and isolate your inside environment from the outside environment.

Earthquake 
The threat of an earthquake in Western Washington is ever-present. As with other unforeseen events, the district must be prepared to care for students and staff until danger subsides.

Each school principal in consultation with staff is required to prepare a plan and conduct an emergency earthquake drill at least twice annually. The building staff is encouraged to contact the district office and the county emergency service department for technical assistance.

Preparation
 The principal and building staff  will be responsible for conducting an annual inspection of the building early in the school year for the purpose of identifying potential hazards in the event of an earthquake, e.g., securing all bookcases to wall to prevent collapse. Those hazards that cannot be corrected by building level personnel will be corrected by district maintenance personnel as soon as resources permit.

Information to Parents
 Parents should be advised that:
​

  1. If there is an earthquake while children are on their way to school, they should “duck and cover away from power lines, buildings, and trees.” Once the earthquake has stopped, they should proceed to school. If the quake occurs on their way home, after protecting themselves until the quake stops, they should proceed to their home.
  2. A parent is advised not to remove a child from the school grounds unless they have first checked with school officials. If a parent were to remove a child without checking out, others could be needlessly hurt while searching for a missing child.
  3. They should avoid calling the school. The phones, if functioning, may be needed by school staff.
  4. Parents of injured children will be notified first. All schools will have trained staff to help injured children until other medical assistance arrives.
  5. Staff members should attempt to account for all students and staff before re-entry, the principal must feel absolutely certain, on the basis of thorough inspection of both structures and utility conduits, that the facility is safe; but no students or staff will be dismissed until procedures have been approved by the superintendent’s office if district-wide communications are in operation.​

General Responsibilities
 The principal must become familiar with the alarm system, all means of egress, and any special features of the facility which might endanger human life. Staff should be appointed and instructed in the general earthquake plan. The building administrator should carry out all communications functions, coordinate post-quake building inspections, and signal re-entry when safety is assured.

Teachers will see that all members of their respective classes take protective action appropriate to their situations; evacuate classes in an orderly and expeditious manner; maintain order; supervise evacuated students; and, insure orderly re-entry when signaled. 

Monitors may be appointed from the more mature students in each class to assist teachers. Monitors should be assigned to substitute for any teacher who may be injured.

The custodian will assist in the inspection of the facility, including utility conduits, and shut down mechanical/electrical systems as required. Other staff members will act as searchers; assist in evacuation and care of injured or disabled individuals; help remove hazardous materials or debris; and, carry out any additional assigned functions.

Staff Instructions (During quake)

Staff should maintain control in the following manner:

  1. In a classroom students should get under desk or table, face away from window, away from bookshelves and heavy objects that may fall, crouch on knees close to ground, place head close to knees, cover side of head with elbows and clasp hands firmly behind neck, close eyes tightly and remain in place until instructed otherwise or until the “all clear” signal is given;
  2. In gymnasiums or assembly areas, students should exit such facilities as expeditiously as possible. Individuals should move to designated areas;
  3. On a stairway students should move to the interior wall and “duck and cover.” (Individuals should evacuate exterior stairs and move to designated areas); and
  4. If outdoors, students should move to designated areas, as far away as possible from buildings, poles, wires, and other elevated objects, and lie down or crouch low to the ground. Staff and students should be aware of encroaching danger that may demand further movement.

Staff Instructions (After quake)

The principal and custodian should inspect facilities before instructing staff and students to evacuate. Classes should be evacuated through exits to a safe area. Students should move away from buildings and remain there until given further instructions. Responsible student or staff should be posted to prevent re-entry. 

Following this evacuation, the principal should:

  1. Check for injuries among students and staff (do not attempt to move seriously injured persons unless they are in immediate danger of further injury);
  2. Check for fires or fire hazards;
  3. Check utility lines and appliances for damage. If gas leaks exist, shut off the main gas valves and shut off electrical power if there is damage to the wiring (do not use matches, lighters, or open flame appliances until you are sure no gas leaks exist, and do not operate electrical switches or appliances if gas leaks are suspected);
  4. Instruct students not to touch power lines or objects touched by the wires (all wires should be treated as live);
  5. Clean up spilled medicines, drugs, chemicals, and other potentially harmful materials immediately;
  6. Do not eat or drink anything from open containers near shattered glass (liquids may be strained through a clean handkerchief or cloth if danger of glass contamination exists);
  7. Check the chimney over its entire length for cracks and damage, particularly in the attic and at the roof line (unnoticed damage could lead to a fire);
  8. Check closets and storage shelf areas (open closet and cupboard doors carefully and watch for objects falling from shelves);
  9. Keep the streets clear for emergency vehicles;
  10. Be prepared for “after-shocks;”
  11. Respond to requests for help from police, fire department and civil defense, but do not go into damaged areas unless your help has been requested; and
  12. Plan for student/staff needs during the time that may elapse before assistance arrives (e.g. four to eight hours).

Bomb Threats 
Most bomb threat messages are very brief. When possible, every effort should be made to obtain detailed information from the caller such as: exact location of the bomb, time set for detonation, description of the bomb and type of explosive used. Details such as: time of call, exact words used, sex, estimated age, identifiable accent, voice description of caller and identifiable background noise should also be noted.

Evacuation Decision
 The principal should notify the district office immediately. The principal should be ready to provide specific information regarding the “threatening call” and indicate if the building(s) will be evacuated and/or searched. 

If the principal determines the threat is a hoax, he/she will conduct a quiet search of the building. No classes will be dismissed. A written report should be submitted to the superintendent. 

If the principal determines that the message is a dangerous threat, law enforcement officers and the district office should be contacted. A routine fire drill should be initiated at least 15 minutes prior to the time of possible detonation. Teaching staff should remain with their classes until such time as the danger of explosion is past. Search procedures should be conducted under the direction of law enforcement officers. A written report should be submitted to the superintendent.

Search Procedures
 Each building should have a volunteer search team composed of staff members. The person most qualified to search buildings or space is the person using the area.

How a Search is to be Made
 The room to be searched may be divided into three (3) parts. The bottom third of the room, from eye level to the floor where most of the objects are located; the middle third from eye level upward toward the ceiling; and the top third of the room. The top third will have such items as light fixtures or a ceiling vent which can usually be observed from the floor. The search should be conducted systematically in a clockwise or counter-clockwise manner. Searchers should look into areas that are open and listen in those areas (cabinets, desks, lockers) where opening every closed area is impossible.

Most homemade bombs are made with spring-wound clocks and give off a ticking sound. The more sophisticated bombs use other devices such as batteries, chemicals, or may even be plugged into a light switch.

What to Look for 
ALL UNIDENTIFIED PACKAGES FOUND DURING BOMB SEARCHES SHOULD BE CONSIDERED DANGEROUS AND LEFT UNTOUCHED, TO BE EXAMINED AND IDENTIFIED BY A QUALIFIED BOMB EXPERT. Bombs come in many shapes and sizes. Some are disguised, while others may be as crude as sticks of dynamite held together with twine or tape. One must be suspicious of any package that cannot be identified. Example: a brown paper package found ticking in an unlocked locker should always be considered dangerous.

Search without Evacuation 
If the preliminary decision is to search the building without evacuating the students, the principal should enlist the voluntary aid of the staff to conduct a cursory search of the building. Particular attention should be paid to those areas that are accessible to the public, such as hallways, stairways and stairwells, restrooms, unlocked lockers, unlocked unused classrooms, closets, and the like. A search should also be made on the outside of the building on low window ledges, window wells, and the base of all outside walls.

Search with Evacuation 
If the decision is to evacuate staff and students, the principal should have the team conduct a more thorough search of the entire building. The signal to be used for evacuation is through the use of the fire drill routine. When a threat appears to be “dangerous”, the principal should enlist the aid of the local police and fire department in conducting the search. All searchers should vacate the building for a short period of time when the alleged bomb is to detonate. After the search has been made and the danger period is over, the students may then return to their classrooms for resumption of normal activities.

Search with Evacuation during Valid Bomb Threats 
When the bomb threat is judged to be valid the building should be cleared immediately of all personnel so that the police can assume the responsibility of conducting the search. A staff member should be stationed at each entrance to prevent unauthorized persons from returning to the building until the area is declared safe.

Disposition of Suspected Bombs 
In the event of the discovery of a suspected bomb, the following steps will be taken:

  1. DO NOT TOUCH OR ATTEMPT TO MOVE THE PACKAGE IN ANY MANNER;
  2. Avoid moving any article or articles which in any way may be connected with the bomb to act as a triggering mechanism. Bombs have been set off by turning on a light switch or lifting a telephone receiver;
  3. Clear the danger area of all occupants; and
  4. Assign staff at entrances to prevent others from entering.

The decision of whether or not to evacuate depends on the circumstances of each call. Every call should be handled individually and evaluated separately. If there is doubt as to what action to take, the safety of students and staff must be paramount and evacuation procedures should be followed.

Persons to be evacuated from the area should be moved to a minimum of 300 feet from the point of possible explosion. Power, gas, and fuel lines leading to a danger area should be shut off as soon as practical. All flammable liquids and materials should be removed from the surrounding area as well as any portable materials of value.

If an actual bomb explosion does occur, the police department should maintain a guard around the area to prevent re-entry by any unauthorized person. However, inspection is necessary to insure the safety of all persons having business in the bombed area. Fire marshals, building inspectors, etc., should be requested to inspect the building regarding supporting walls, damaged overhead structure, broken gas lines, live power lines, etc. Their inspection should precede any police or security investigation and should be designed to prevent any further injury.

Emergency School Evacuation

When an emergency within a school or department necessitates total or partial closure of the schools within the district, threatens the safety and well being of students, and/or interferes in the normal operation of the school, the following emergency procedure must be followed:

  1. The report of an emergency will be directed to the superintendent’s office;
  2. If the nature of the emergency calls for immediate action on the part of a principal, he/she will take necessary action and report such action to the superintendent’s office;
  3. The superintendent’s office will contact those departments and/or schools who must assist in the emergency action; and
  4. When appropriate the superintendent’s office will contact the city police department and the county department of emergency services.

The principal will instruct staff including teachers, secretaries, cooks, custodians, aides, and bus drivers as to their respective responsibilities in an evacuation exercise.

The principal will be responsible for organizing and conducting such emergency evacuation drills as are necessary and will objectively evaluate the activity following each such drill. In the absence of the principal, staff should be able to conduct all aspects of the evacuation procedure.

Pandemic/Epidemic

If anyone within the school is discovered or suspected to have a communicable disease that may result in an epidemic/pandemic that person will be immediately quarantined pending further medical examination. Local health officials will be notified immediately.

Any student or staff member found to be infected with a communicable disease that bears risk of pandemic/epidemic will not be allowed to attend school until medical clearance is provided by the individual’s primary care physician or other medical personnel indicating that the risk of that individual transmitting the disease no longer exists.

In the event of prolonged school closings and/or extended absences by staff or students as the result of a flu pandemic or other catastrophe the superintendent will develop a pandemic/epidemic emergency plan that includes at a minimum:

A. The chain of command for the emergency plan, and the individuals responsible for specific duties such as quarantine;

B. The specific steps the district will take to stop the spread of the disease;

C. The process for identifying sick students;

D. The transportation plan for sick students;

E. Disease containment measures for the district;

F. A continuing education plan for students, such a plan may include providing students with assignments via mail, local access cable television, or the school district’s Web site;

G. Procedures for dealing with student privacy rights;

H. A continuity of operations plan for central office functions including employee leave, pay and benefits during a pandemic; and

I. An ongoing communication plan for staff, students and parents.



3510—ASSOCIATED STUDENT BODIES

An associated student body (ASB) shall be formed in each school within the district whenever one or more students in that school engage in money-raising activities with the approval and at the direction or under the supervision of the district. An associated student body shall be a formal organization of students, including sub-components or affiliated student groups. Each associated student body shall submit a constitution and bylaws to the board for approval. The constitution and bylaws shall identify how student activities become approved as student body activities and establish standards for their supervision, governance and financing. Subject to such approval process, any lawful activity which promotes the educational, recreational or cultural growth of students as an optional extracurricular or co-curricular activity may be considered for recognition as an associated student body activity. Any lawful fund raising practices that are consistent with the goals of the district and which do not bring disrespect to the district or its students may be acceptable methods and means for raising funds for student body activities. The board of directors may act or delegate the authority to a staff member to act as the associated student body for any school which contains no grade higher than grade six.

The principal shall designate a staff member as the primary advisor to the ASB and assure that all groups affiliated with the ASB have an advisor assigned to assist them. Advisors shall have the authority and responsibility to intervene in any activities that are inconsistent with district policy, ASB standards, student safety or ordinarily accepted standards of behavior in the community. When in doubt, advisors shall consult the principal regarding the propriety of proposed student activities. Student activities cannot include support or opposition to any political candidate or ballot measure.

Each ASB shall prepare and submit annually a budget for the support of the ASB program to the board for approval. All property and money acquired by ASBs, except private non-associated student body funds, shall be district funds and shall be deposited and disbursed from the district’s associated student body program fund. Money acquired by associated student body groups through fund raising and donations for scholarships, student exchanges and charitable purposes shall be private non-associated student body fund moneys. Solicitation of funds for non-associated student body fund purposes must be voluntary and must be accompanied by notice of the intended use of the proceeds and the fact that the district will hold the funds in trust for their intended purpose. Non-associated student body fund moneys shall be disbursed as determined by the group raising the money. Private non-associated student body funds shall be held in trust by the district for the purposes indicated during the fund raising activities until the student group doing the fund raising requests disbursement of the funds and the accounts of the fundraising are complete and reconciled.

Classification: Essential (Required if students raise money for school activities)

Cross References:
2150 – Co-Curricular Program
3515 – Student Incentives
4200 – Safe and Orderly Learning Environment
6020 – System of Funds and Accounts

Legal References:
RCW 28A.325.020 Associated student bodies — Powers and responsibilities affecting
RCW 28A.325.030 Associated student body program fund — Fundraising activities — Nonassociated student body program fund moneys
Chapter 392-138 WAC Finance — Associated student body moneys

Management Resources:
2014- December Issue

Adoption Date: 06/26/01
Technical fix 1/22/15
Raymond School District #116



3510P—ASB

The ASBs in the schools of the district shall operate within the following guidelines:

Structure

A. ASBs are mandatory in grades 7 through 12 whenever students engage in money raising activities with the approval and under the supervision of the district. ASBs are not mandatory at the elementary level (K-6). However, any money raised with the approval and under the supervision of the district must be administered in the same way as ASB money. The school principal is designated to act as the ASB for K-6 school buildings.

B. The school board has authority over ASBs. ASBs are subject to the same laws as the district, including accounting procedures, budgets and warrants.

Financial Operations

A. The district must have an ASB program fund budget approved by the school board.

B. All ASB money is accounted for, spent, invested and budgeted the same way as other public money.

C. Disbursements may be made either by warrant, imprest bank accounts, procurement card or petty cash funds.

D. ASB purchases must comply with state bid procedure as outlined in the district bid requirements policy and procedure. Purchases of the same goods or services for more than one school must be considered together when establishing the purchase amount and applicability of bid requirements.

E. All property acquired with ASB moneys becomes property of the school district.

F. Associated student body groups may raise private non-associated student body fund moneys through fund raising and donations for scholarships, student exchanges and charitable purposes. Such fund raising and donation solicitation must meet the requirements for other ASB fundraising and those requirements specific to non-associated student body funds, including clear notice to all donors of the purpose of the fund raising. Students wishing to use district facilities to raise private non-associated student body funds must comply with district policy and procedures regarding community use of school facilities. For handling the accounting for complex fundraising programs for private non-associated student body fund money, the district shall recoup its costs.

G. Purposes that directly further or support the school district’s program–both co-curricular and extracurricular–are suitable use for ASB funds, if the activities are optional for students.

H. ASB funds may not be used for gifts or recognition to individuals for private benefit. Private non-associated student body funds may be raised for scholarships, student exchanges and charitable purposes, pursuant to district policy and procedure.

Adoption Date: 06/26/01
Raymond School District #116



3515—STUDENT INCENTIVES

The Raymond School District Board of Directors recognizes that providing students with prizes or awards can serve as a meaningful incentive for increasing academic achievement, promoting civility, encouraging physical fitness and for encouraging students to become responsible citizens, productive workers and lifelong learners.

The Board supports awarding incentives to recognize a student’s academic, social, leadership and athletic achievements.

All incentives will support individual student achievement and the districts’ curriculum, programs, academic or attendance goals. Therefore, every student recipient will receive an incentive only if the activity relates to the primary mission and goal of the district to increase student academic achievement.

District funds may be used, within the limits provided in model procedure 3515, to provide student incentives that meet the Board’s objective of increasing academic achievement.

The superintendent or designee will develop procedures to implement this policy.

Cross Reference:
Board Policy 3510 Associated Student Bodies
Board Policy 6114 Gifts
Washington Constitution, Article VIII, § 5 and § 7

Management Resources:
Policy News, February 2011 Student Incentives

Adoption Date: 04/28/11
Raymond School District #116



3515P—STUDENT INCENTIVES

Definitions:

A. Prize: something of value conveyed as a result of chance, generally for promotional purposes, to one or more participants in a district-sponsored event.

B. Award: Recognition or something of value conveyed as a result of competition, merit or in recognition of service to the district on the part of the recipient.

C. De minimis: Minimal value, a small amount, lacking significance or importance, having little or no impact on public funds, so minor as to merit disregard.

Award/Prize Values

The district will consider any prize or award amount equal to or less than $15.00 (fifteen) dollars to be de minimus. In determining whether an incentive is a de minimis amount, the district will consider whether the amount is insignificant to a recipient for tax purposes and insignificant to the district.

The value of an individual student prize will not exceed $15.00 (fifteen dollars). The total amount of public funds disbursed by the district for prizes during a single academic year will not exceed $500 for each elementary school, $750 for each middle school and $1,500 for each high school.

Example: A $15.00 (fifteen dollar) incentive certificate for perfect attendance or most improved grade point average is an acceptable use of public funds; or a district could provide an item valued at $15.00 (fifteen dollars) such as a school uniform shirt or hat to an individual student. However, incentive awards to several students in one class that have a substantial aggregate value could be excessive and an inappropriate use of public funds.

Gifts

The district is prohibited from using public funds to provide gifts.

The following are examples of prohibited gifts:

  • Flowers purchased for celebrations or to express sympathy.
  • Food, clothing or other items purchase for someone in need.

The district may provide light lunches or refreshments for volunteers during or near the time the services are provided. The district cannot provide a separate event at district expense.

The district cannot pay the cost for staff to attend an optional training program. If training is required the district may pay with district funds.

Associated Student Body Fundraising – Individual Student Incentives

All property and money acquired by the Associated Student Body (ASB), except private non-associated student body funds, are district funds and will be deposited and disbursed from the district’s ASB program fund. The district may use a portion of ASB funds to award individual students efforts for fundraising that is related to ASB activities, but only if the activity is for a legitimate school purpose (academic achievement) and spending is in accordance with the board-approved budget.

Example: ASB students raise money for student body activities. The student who raises the most money receives a pizza certificate incentive from ASB funds in recognition of their efforts. This is an acceptable incentive.

Corporate Incentives

Corporate incentives provided to the district for the benefit of students become district property.

If the incentive is made to an individual student directly from the corporation, the incentive becomes the personal property of the student and is not calculated as an incentive provided by the district. In order to be considered personal property, the incentive at no time may be presented to the district or be in possession of the district.

Any vendor, group or organization that offers student incentives to support the district, must communicate with the district, prior to providing the incentive to ensure its efforts are compatible with the district’s educational goals. The district reserves the right to reject any student incentive that would not serve the interests of the district.

Prizes or awards provided to the ASB by outside vendors must also fall within the individual and district limits.

Recording Incentives

Incentives received will be recorded by the school. This will allow parents and teachers to view incentives provided to students and will also allow each school to analyze the distribution of incentives.

Adoption Date: 04/28/11
Raymond School District #116



3520—STUDENT FEES, FINES, CHARGES

The district will provide an educational program for the students as free of costs as possible.

The superintendent may approve the use of supplementary supplies or materials for which a charge is made to the student so long as the charge does not exceed the cost of the supplies or materials, students are free to purchase them elsewhere, or provide reasonable alternatives, and a proper accounting is made of all moneys received by staff for supplies and materials.

The board delegates authority to the superintendent to establish appropriate fees and procedures governing the collection of such fees and to make annual reports to the board regarding fee schedules. Arrangements will be made for the waiver or reduction of fees for students whose families, by reason of their low income, would have difficulty paying the full fee. For programs governed by the National School Lunch Act, the USDA Child Nutrition Program guidelines will be used to determine qualification for waiver. The superintendent will establish a procedure for annually notifying parents of the availability of fee waivers and reductions, including eligibility information for free or reduce-price meals.

A student will be responsible for the cost of replacing materials or property which are lost or damaged due to negligence. A student’s grades, transcripts, or diploma may be withheld until restitution is made by payment or the equivalency through voluntary work. The student or his/her parents may appeal the imposition of a charge for damages to the superintendent and board of directors.

The student and his/her parents will be notified regarding the nature of the violation or damage, how restitution may be made, and how an appeal may be instituted. When the damages or fines do not exceed $100, the student or his/her parents will have the right to an informal conference with the principal. As is the case for appealing a short-term suspension, the principal’s decision may be appealed to the superintendent and to the board of directors. When damages are in excess of $100, the appeal process for long-term suspension will apply.

If a student has transferred to another school district that has requested the student’s records, but that student has an outstanding fee or fine, only records pertaining to the student’s academic performance, special placement, immunization history, attendance, history of violent behavior, violent offenses, sex offenses, inhaling toxic fumes, drug offenses, liquor violations, assault, kidnapping, harassment, stalking or arson, and discipline actions will be sent to the enrolling school. The content of those records will be communicated to the enrolling district within two school days and copies of the records will be sent as soon as possible. The official transcript will not be sent until the outstanding fee or fine is discharged. The enrolling school will be notified that the official transcript is being withheld due to an unpaid fee or fine.

Cross References: 3241 – Classroom Management, Discipline, and Corrective Action
2020 – Course Design, Selection, and Adoption of Instructional Materials

Legal References: RCW 28A.220.040 Fiscal support — Reimbursement to school districts — Enrollment fees — Deposit
RCW 28A.225.330 Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules
RCW 28A.320.230(f) Instructional materials — Instructional materials committee
RCW 28A.330.100 Additional powers of board
RCW 28A.635.060 Defacing or injuring school property — Liability of pupil, parent or guardian — Withholding grades, diplomas or transcripts — Suspension and restitution — Voluntary work program as alternative — Rights protected
AGO 1965-66,#113 Districts – Schools – Fees — Tuition – Supplies — Authority of school districts to charge tuition fees or textbook fees
AGO 1973, No. 11 Districts – Schools – Tuition & Fees — Authority of school districts to charge various fees

Management Resources:
2018 – May Issue
Policy News, June 1999 School Safety Bills Impact Policy

Adoption Date: 9/27/18
Revised Dates: 06.99; 08.06; 12.11; 05.18

Raymond School District #116



3520P—STUDENT FEES, FINES, CHARGES

Student fee schedules for individual buildings must be approved on an annual basis. Each building will submit an annual report which includes a report indicating the fees collected by each department. In establishing fees for classes, the following guidelines will be used:

A. Class registration literature will describe fees for each class or activity and the process for obtaining a waiver or fee reduction;

B. A fee may be collected for any program in which the resultant product is in excess of minimum requirements and, at the student’s option, becomes the personal property of the student. Fees may not exceed the cost of the materials. The district will furnish materials for those introductory units of instruction where a student is acquiring the fundamental skills for the course. A student must be able to obtain the highest grade offered for the course without being required to purchase extra materials;

C. A fee may be collected for personal physical education and athletic equipment, apparel and towels or towel service. However, any student may provide his/her own if it meets reasonable requirements and standards relating to health and safety;

D. A reasonable fee, not to exceed the actual annual maintenance cost, for the use of musical instruments and uniforms owned or rented by the district may be collected;

E. Students may be required to furnish personal or consumable items including pencils, paper, erasers and notebooks;

F. Security deposits for the return of materials or equipment may be collected. Provisions will be made to return the deposit when the student returns the item at the conclusion of the school term; and

G. A fee may be collected for a unit of instruction where the activity necessitates the use of facilities not available on the school premises, and participation in the course is optional on the part of the student. A waiver or fee reduction need not be offered for such activities.

Fees will not be levied for:

A. Field trips required as part of a basic educational program or course;

B. Textbooks (non-consumable) that are designated as basic instructional material for a course of study; or

C. Instructional costs for necessary staff employed in any course or educational program.

Fee waivers and reductions will be granted to students whose families would have difficulty paying by reason of their low income. For students and families participating in the national school lunch program, the school breakfast program, or both, the USDA Child Nutrition Program guidelines will be used to determine qualification for a fee waiver or reduction. The District will annually distribute and collect information and an application for all households of children in kindergarten through grade twelve to determine student eligibility for free or reduce-price meals in compliance with chapter 28A.235 RCW, Policy 6700, and procedure 6700P.

If a student has not paid for five or more previous meals, the school shall follow the procedures and requirements contained in Policy 6700 and Procedure 6700P.

Fines or damage charges may be levied for lost textbooks, library books or equipment. In the event the student does not make proper restitution, grades, transcripts, and/or diplomas will be withheld. A student may make restitution through a voluntary work program. If a student has transferred to another school that has requested the student’s records without paying an outstanding fine or fee, only records pertaining to the student’s academic performance, special placement, immunization history and discipline actions will be sent to the enrolling school. This information will be communicated to the enrolling district within two school days and the confirming records will be sent as soon as possible. The official transcript will not be sent until the outstanding fee or fine is discharged. The enrolling school will be notified that the official transcript is being withheld due to an unpaid fee or fine.

A charge for lost or damaged materials or equipment may be appealed to the superintendent. The superintendent’s decision may be appealed to the board. Care will be exercised by advising students and their parents, in writing, regarding the nature of the damages, how restitution may be made, and how a student or his/her parents may request a hearing. When damages are $100 or less, a parent and/or student has a right to appeal the imposition of a fine in a manner similar to that specified for a short-term suspension. When damages exceed $100, the parent and/or student may request a hearing in the manner provided for in a long-term suspension.

All fees will be deposited with the business office on a regular basis. The respective departments and schools will be credited by the amount of their deposit.



3530—FUND RAISING ACTIVITIES INVOLVING STUDENTS

The board acknowledges that the solicitation of funds from students, staff and citizens must be limited since students are a captive audience and since solicitation can disrupt the program of the schools. Solicitation and collection of money by students for any purpose including the collection of money in exchange for tickets, papers, magazine subscriptions, or for any other goods or services for the benefit of an approved school organization may be permitted by the superintendent providing that the instructional program is not adversely affected.

The superintendent shall establish rules and regulations for the solicitation of funds by approved school organizations, official school-parent groups and by outside organizations. The principal shall distribute these rules and regulations to each student organization granted permission to solicit funds.

Cross Reference:
Board Policy 3510 Associated Student Bodies

Legal References:
WAC 392-138-030(2) Powers–Authority and policy of board of directors

Adoption Date: 8/25/98
Raymond School District #116



3530P—STUDENT FUNDRAISING ACTIVITIES

Guidelines for student fundraising activities are as follows:

A. Student participation must be voluntary.

B. The fundraising activity must be such that it is not likely to create a poor public relations image.

C. Fundraising activity efforts must not interfere with the educational program.

D. Fundraising activities conducted by associated student bodies or sub-groups thereof must conform to the district ASB accounting requirements. Expenditures of all ASB funds must be approved by the ASB.

E. Fundraising activities conducted by outside groups (including parent groups) must not involve the official student body organizations and must not utilize district materials, supplies, facilities or staff unless reimbursement is made.

F. Sponsorship of fundraising activities by schools’ official parent groups, even where moneys realized shall be donated to associated student bodies, is encouraged to minimize accounting difficulties. If fundraising activities are co-sponsored by a student body organization and a parent group, an arrangement for the proportional sharing of expenses and profits or losses should be made prior to initiation of fundraising.

G. The following fundraising activities are approved:

  1. Sales of goods (candy, T-shirts, etc.), magazines, apples (if maintained in cold storage),
  2. Car washes, school supplies, rummage and garage sales, pancake breakfasts, spaghetti dinner.
  3. Paper drives, bottle drives, etc. that do not interfere with the school day,
  4. Carnivals when organized and supervised by the school and/or the recognized parent group,
  5. Skating and bowling parties provided there is adequate supervision and liability protection,
  6. Bandathons, bikeathons, walkathons and similar events, provided that there are no more than three during the school year.
  7. Basketball games if liability insurance for participants and facilities is included in the contract, and
  8. Talent, variety, musical, and drama productions (after school hours).

Any major purpose fund-raising activity that is not listed above must have the approval of the superintendent.

H. Fund-raising activities in excess of $1,000 must be submitted by the principal to the superintendent for approval. Application for approval must include:

  1. the sponsoring group,
  2. the proposed activity,
  3. the manner in which the money is to be collected, and
  4. the purpose.

I. When the ASB shares in the receipts derived from vending machine operations or from the sale of student pictures, such activities must be in compliance with policy 8500 (Provision of Certain Goods and Services to Students and Patrons).

J. Any outside group other than an official school-parent group must have central office approval before conducting fundraising activities within a school or schools. Such outside organizations or persons seeking to raise funds from or through students:

  1. Must work through established official parent organizations and not with or through student body organizations or the administration.
  2. May not use school materials, supplies, facilities, or staff without proper reimbursement. Requests to the administration for access to students for purposes of fundraising should be referred to the appropriate parent organization, which shall have the option of permitting the outside group to utilize the parent organization’s normal method of communication to transmit information concerning the fundraising.
  3. Shall not collect money in school buildings as part of fundraising activities. Fund collections must be made by other means in other locations under the supervision of the official parent groups, except that each school may permit the official parent organization to maintain one box in the school’s central office for deposit of envelopes containing funds from a permissible fundraising activity.
  4. May display a sign announcing a fundraising activity. Brochures explaining the program may be made available to students through the school office.

K. Should a group desire to raise funds during the summer, that group shall request approval of the ASB prior to the end of that school year. If the ASB approves the activity, such approval also constitutes agreement that the Athletic Director is authorized to implement any necessary changes during the summer that are consistent with the fundraising goals of the group.

L. All proposed fundraising activities are to be reviewed by the principal and athletic director to ensure Title IX compliance. Fundraising activities that are likely to result in disparate outcomes that favor one sex over another are not allowed.

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