Policy KB
Parental Rights
The Board of Trustees of Sublette County School District Number 9, (the School District) recognizes the right of parents to make decisions regarding the care and control of their children. This policy strives to outline the rights of parents related to notification and records of their students, including those rights described in W.S. 21-3-135. Parents and guardians will be notified annually of their right to file a complaint if they believe their rights as described in this policy have been violated. The procedures for filing a complaint related to the rights in this policy are described under policy [BEE-R] Rules of Practice Governing Hearings and Contested Cases Before the Board of Trustees.
I. Definitions
As used in this policy the following terms shall have the aforementioned definitions.
“Actual knowledge” means notice of a change (as defined in this policy) to any school employee. An employee shall be deemed to have actual knowledge if: a) a person reports a purported change in a student’s health or well-being to a school employee, and the purported change is verified by a school employee with authority to investigate or determine whether the change has occurred; or b) an employee directly observes the purported change, and a reasonably observant person would notice the purported change.
“As soon as practicable”: Except in cases of suspected child abuse or neglect, “as soon as practicable” shall mean as soon as reasonably capable of being accomplished given the normal constraints involved with such an action and without undue delay. Unless otherwise specified by this policy, “as soon as practicable” shall mean not more than forty-eight hours or not more than two business days after the purported change is verified or observed by a School District employee, whichever is greater. For any change in a student’s health or welfare where a School District employee reasonably believes the change is the result of suspected abuse or neglect of the student which will result in a report to law enforcement or DFS, the phrase “as soon as practicable” shall mean after the School District reports the suspected abuse to law enforcement or DFS as required by Wyoming Statute 14-3-205, and after either law enforcement or DFS authorizes the School District to notify the parents.
“Change”: “Change” in a student’s educational, physical, mental, or emotional health or well-being is any change that meets one or more of the following criteria:
1. It poses a risk or threat to the student’s safety, health, or welfare, or to the safety, health, or welfare of others.
2. It is a mental health or medical condition that necessitates intervention or treatment at school or follow-up with a community mental health worker, therapist or medical provider.
3. It requires a modification of the student’s educational program, services, or supports, or the provision of additional or specialized services or supports, such as special education, counseling, health care, or social work.
4. It affects the student’s access, eligibility, participation, or performance in the School District’s education program, or academic, extracurricular, or co-curricular activities, or in assessments or evaluations.
5. It involves a disciplinary action, sanction, or consequence for the student, such as detention, suspension (in-school and out-of-school), expulsion, or referral to law enforcement.
6. It results from a complaint, allegation, or investigation involving the student, such as bullying, harassment, discrimination, or violation of rights.
“Day”: “Day” shall mean one business day.
“Gender Identity” shall mean an individual’s personal sense of their own gender.
“Health Screening Tool” shall mean any diagnostic assessment that detects pre-clinical mental or physiological illness or disease.
“Instruction”: “Instruction” means the action, practice or profession of teaching and includes planned teaching addressing gender identity or sexual orientation. The following shall not be included in “instruction”:
1. Responding to a question from a student during class regarding sexual orientation or gender identity as it relates to any topic of instruction; or
2. Referring to the sexual orientation or gender identity of any public figure, historic person or group, or fictional character where the referral provides necessary context in relation to a topic of instruction.
3. Student-generated schoolwork.
4. Student-to-student speech.
5. Classroom references to a person’s family.
6. Library books.
7. Extra-curricular, co-curricular or student clubs.
8. Dual enrollment courses taken at or from a college.
“Parent”: “Parent” includes parents, legal guardians, and legal custodians of students who are under eighteen (18) years old and who have not been emancipated.
“Sexual Orientation”: refers to an individual’s enduring pattern of emotional, romantic, and/or sexual attraction to others.
“Well-Being Questionnaire”: Means an instrument used to assess an individual’s overall well- being across various domains of life. It typically consists of a series of questions designed to measure different aspects of well-being, such as physical health, mental health, social relationships, emotional well-being, and life satisfaction. These questionnaires may use a variety of questions to gather information about an individual’s experiences, feelings, and perceptions related to their well-being. Well-being questionnaires do not include informal building-created processes or “quick checks” used to assess classroom or school climate.
II. Parental Notification of Changes in Student’s Health or Well-Being
Any employee who has actual knowledge of a change in a student’s educational, physical, mental or emotional health or well-being shall report the change to the school principal or his or her designee. The principal or designee shall determine who will notify the parent of the student. The School District shall notify a student’s parent or guardian as soon as practicable if a school district employee has actual notice of a change in the student’s educational, physical, mental or emotional health or well-being. The Building Administrator shall document the notification.
Nothing in this policy shall be construed to delay, modify or alter the obligation to report suspected abuse or neglect of a child to the Department of Family Services (DFS) or law enforcement pursuant to Wyoming Statute 14-3-205. If a School District employee reasonably believes the change is the result of suspected abuse or neglect of the student which will result in a report to law enforcement or DFS, the phrase “as soon as practicable” shall mean after the School District reports the suspected abuse to law enforcement or DFS as required by Wyoming Statute 14-3-205, and after either law enforcement or DFS authorizes the School District to notify the parents.
The Superintendent may adopt administrative regulations, procedures and criteria which further clarify or define whether a reported change constitutes a change in a student’s health under this policy.
Notification may be made via phone, personal/face-to-face conversation, School District messaging system, text, or email or other methods approved by the Superintendent or principal.
The School District shall not adopt or implement any formal or informal rules, policies, practices or procedures that prohibit School District personnel from notifying a student’s parent about the student’s educational, physical, mental or emotional health or well-being or a change in the student’s related services as authorized under Wyoming law.
When any parent asks a School District employee about the health or well-being of the parent’s child, School District employees shall not misrepresent or provide false information about the parent’s child.
School personnel shall encourage students to discuss issues that may arise related to their well-being with their parent or guardian. As appropriate, school personnel may facilitate discussions of such issues with parents. The School District shall not adopt nor implement any formal or informal rule, policies, practices or procedures which direct, encourage, or have the effect of encouraging, a student to withhold from a parent information about the student’s educational, physical, mental, or emotional health or well-being.
III. Parental Notification and Consent to Instruction
The School District strives to make parents aware of the curriculum and content of their student’s education. In order to ensure transparency and allow parents to make informed decisions regarding their student’s exposure to instruction related to sexual orientation and gender identity, School District staff will obtain written or electronic parental consent at least two (2) days prior to any training, courses, or classes that address sexual orientation or gender identity.
Parents will receive an overview of the content covered in the training or course, including objectives, materials, and planned discussions related to sexual orientation or gender identity. The overview will emphasize the educational purpose of the topic. Parents who wish to withdraw their consent for their student to participate in an instructional class must notify staff in writing at least one-day prior to the start of the anticipated instruction. Schools will provide alternative educational activities for students whose parents do not consent to the instruction of the subjects described in this section IV.
IV. Notification of Routine Health Care Services
Prior to each school year, the School District shall provide parents with notice of each routine health care service provided by the School District. Parents shall be given the ability to withhold consent or decline any or all specific services. Consenting to a service does not waive the parent’s right to access the education or health care records of the student, nor does it waive a parent’s right to be notified of a change in the student’s educational, physical, mental, or emotional health or well-being. First aid and summoning of emergency responders in case of sudden need will still be given to those students whose parents have exercised their right to withhold consent for routine healthcare services under this policy.
V. Student Well-Being Questionnaires and Health Screening Tools
Prior to administering any well-being questionnaire or health screening tool to students, the School District shall make available a copy of the questionnaire or information on the health screening tool and obtain written or verbal consent from the parent. Health screening tools that do not require parental permission include those health assessments required by federal law including audiology, vision, scoliosis and body mass index tests. If a parent does not want their child to participate in these required assessments, the parent must specifically notify their child’s school in writing prior to the health screening.
VI. Student Records
The School District shall not prohibit parents from accessing any of their student’s records created, maintained or used by the school district. Parents shall be provided access to their student’s education, behavior, health and other records according to Policy JRA and JRA-R. Records shall be provided to parents within a reasonable time.
Adopted: July 16, 2024