Annual Policies

The Board declares it to be the policy of this district to provide an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination on the basis of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy or handicap/disability.[1][2][3][4][5][6][7][8][9][10][11][12][13][14][15][16][17]

The Board also declares it to be the policy of this district to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the district may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

The district is committed to the maintenance of a safe, positive learning environment for all students that is free from discrimination by providing all students course offerings, counseling, assistance, services, employment, athletics and extracurricular activities without any form of discrimination, including Title IX sexual harassment. Discrimination is inconsistent with the rights of students and the educational and programmatic goals of the district and is prohibited at or, in the course of, district-sponsored programs or activities, including transportation to or from school or school-sponsored activities.

Violations of this policy, including acts of retaliation as described in this policy, or knowingly providing false information, may result in disciplinary consequences under applicable Board policy and procedures.[18][19][20][21]

The Board directs that the foregoing statement of Board policy be included in each student and staff handbook, and that this policy and related attachments be posted to the district’s website.

The Board requires a notice stating that the district does not discriminate in any manner, including Title IX sexual harassment, in any district education program or activity, to be issued to all students, parents/guardians, employment applicants, employees and all unions or professional organizations holding collective bargaining or professional agreements with the district. All discrimination notices and information shall include the title, office address, telephone number and email address of the individual(s) designated as the Compliance Officer and Title IX Coordinator.

Reports of Title IX Sexual Harassment and Other Discrimination and Retaliation

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

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

A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal, as well as properly making any mandatory police or child protective services reports required by law.[22]

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

The complainant or the individual making the report may use the Discrimination/Sexual Harassment/Bullying/Hazing/Dating Violence/Retaliation Report Form attached to this policy for purposes of reporting an incident or incidents in writing; however, verbal reports of an incident or incidents shall be accepted, documented and the procedures of this policy and the relevant attachments followed.

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

The Title IX Coordinator shall conduct an assessment to determine whether the reported circumstances are most appropriately addressed through the Discrimination Complaint Procedures prescribed in Attachment 2 to this policy, or if the reported circumstances meet the definition of Title IX sexual harassment and are most appropriately addressed through the Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints in Attachment 3, or other Board policies.

Disciplinary Procedures When Reports Allege Title IX Sexual Harassment

When a report alleges Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of the grievance process for formal complaints outlined in Attachment 3. The district shall presume that the respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for formal complaints.[18][20][23][24]

When an emergency removal, as described in Attachment 3, is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability where applicable.[18][19][20][23]

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

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a report and the investigation related to any form of discrimination or retaliation, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the attachments and the district's legal and investigative obligations.[25][26][27][28][29]

Retaliation

The Board prohibits retaliation by the district or any other person against any person for:[28]

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

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

Definitions

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

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

Discrimination

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

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

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

Definitions Related to Title IX Sexual Harassment

Formal complaint shall mean a document filed by a complainant or signed by the Title IX Coordinator alleging Title IX sexual harassment and requesting that the district investigate the allegation under the grievance process for formal complaints. The authority for the Title IX Coordinator to sign a formal complaint does not make the Title IX Coordinator a party in the grievance process for formal complaints. The phrase “document filed by a complainant” refers to a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.[27][30]

Supportive measures shall mean nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.[30]

Supportive measures shall be designed to restore or preserve equal access to the educational program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but are not limited to:[30]

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

Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an Individualized Education Program (IEP) or Section 504 Service Agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or functional behavioral assessment (FBA), in accordance with applicable law, regulations or Board policy.[18][23][24][17][31]

Title IX sexual harassment means conduct on the basis of sex that satisfies one or more of the following:[30]

A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment.
Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or activity.
Sexual assault, dating violence, domestic violence or stalking.
1. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:[32]
  1. Length of relationship.
  2. Type of relationship.
  3. Frequency of interaction between the persons involved in the relationship.
2. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving federal funding, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.[32]
3. Sexual assault means a sexual offense under state or federal law that is classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.[33]
4. Stalking, under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means to engage in a course of conduct directed at a specific person that would cause a reasonable person to either:[32]
  1. Fear for their safety or the safety of others.
  2. Suffer substantial emotional distress.

Such conduct must have taken place during a district education program or activity and against a person in the United States to qualify as sexual harassment under Title IX. An education program or activity includes the locations, events or circumstances over which the district exercises substantial control over both the respondent and the context in which the harassment occurs. Title IX applies to all of a district’s education programs or activities, whether such programs or activities occur on-campus or off-campus.[26][27][30]

Delegation of Responsibility

In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Assistant Superintendent as the district’s Compliance Officer and Title IX Coordinator. The Compliance Officer/Title IX Coordinator can be contacted at:[34]

Address: 511 Highland Avenue, Grove City, PA 16127

Email: Email contact posted on District website.

Phone Number: 724-458-6733

The Compliance Officer and Title IX Coordinator shall fulfill designated responsibilities to ensure adequate nondiscrimination procedures are in place, to recommend new procedures or modifications to procedures and to monitor the implementation of the district’s nondiscrimination procedures in the following areas, as appropriate:

Curriculum and Materials - Review of curriculum guides, textbooks and supplemental materials for discriminatory bias.
Training - Provide training for students and staff to prevent, identify and alleviate problems of discrimination.
Resources - Maintain and provide information to staff on resources available to complainants in addition to the school complaint procedure or Title IX procedures, such as making reports to the police, available supportive measures such as assistance from domestic violence or rape crisis programs and community health resources including counseling resources.
Student Access - Review of programs, activities and practices to ensure that all students have equal access and are not segregated except when permissible by law or regulation.
District Support - Assure that like aspects of the school programs and activities receive like support as to staffing and compensation, facilities, equipment, and related areas.[35]
Student Evaluation - Review of assessments, procedures, and guidance and counseling materials for stereotyping and discrimination.
Reports/Formal Complaints - Monitor and provide technical assistance to individuals involved in managing informal reports and formal complaints.

Guidelines

Title IX Sexual Harassment Training Requirements

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

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

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

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

Disciplinary Consequences

A student who is determined to be responsible for violation of this policy shall be subject to appropriate disciplinary action consistent with the Code of Student Conduct, which may include but is not limited to:[18][19][20]

Loss of school privileges.
Permanent transfer to another school building, classroom or school bus.
Exclusion from school-sponsored activities.
Detention.
Suspension.
Expulsion.
Referral to law enforcement officials.

An employee who violates this policy shall be subject to appropriate disciplinary action consistent with the applicable Board policy, collective bargaining agreement and individual contract, up to and including dismissal and/or referral to law enforcement officials.[21][36]

Reports of Discrimination

Any reports of discrimination that are reviewed by the Title IX Coordinator and do not meet the definition of Title IX sexual harassment but are based on race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, pregnancy or handicap/disability shall follow the Discrimination Complaint Procedures in Attachment 2 to this policy.

Reports of Title IX Sexual Harassment

Any reports deemed by the Title IX Coordinator to meet the definition of sexual harassment under Title IX shall follow the Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints in Attachment 3 to this policy.13:28:05

103.1 Non- Discrimination- Qualified Students with Disabilities

Authority

The Board declares it to be the policy of this district to ensure that all district programs and practices are free from discrimination against all qualified students with disabilities. The Board recognizes its responsibility to provide academic and nonacademic services and programs equally to students with and without disabilities.[1][2][3][4][5][6][7][8][9][10]

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

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

The Board directs that complaints of discrimination or harassment shall be investigated promptly, and corrective action be taken for substantiated allegations. Confidentiality of all parties shall be maintained, consistent with the district’s legal and investigative obligations.

The district shall not intimidate, threaten, coerce, discriminate or retaliate against any individual for the purpose of interfering with any right or privilege secured by this policy.

Definitions

Qualified student with a disability - a student who has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the district’s educational programs, nonacademic services or extracurricular activities.[11][12]

Section 504 Team - a group of individuals who are knowledgeable about the student, the meaning of the evaluation data and the placement options for the student. This could include, as appropriate, documentation or input from classroom teachers, counselors, psychologists, school nurses, outside care providers and the student’s parents/guardians.[3][8]

Section 504 Service Agreement (Service Agreement) - an individualized plan for a qualified student with a disability which sets forth the specific related aids, services, or accommodations needed by the student, which shall be implemented in school, in transit to and from school, and in all programs and procedures, so that the student has equal access to the benefits of the school’s educational programs, nonacademic services, and extracurricular activities.[13]

Disability harassment - intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the school’s educational programs, nonacademic services, or extracurricular activities.[10]

Delegation of Responsibility

In order to maintain a program of nondiscrimination practices that is in compliance with applicable law and regulations, the Board designates the Director of Pupil Services as the district’s Section 504 Coordinator.[14]

In addition, each school within the district shall have a Section 504 building administrator.

The district shall publish and disseminate this policy and complaint procedure on or before the first day of each school year by posting it on the district’s website, if available, and in the student handbook. The district shall notify parents/guardians of students residing in the district of the district’s responsibilities under applicable law and regulations, and that the district does not discriminate against qualified individuals with disabilities.[15][16]

Guidelines

Identification and Evaluation

The district shall conduct an annual child find campaign to locate and identify every district student with a disability thought to be eligible for Section 504 services and protections. The district may combine this search with the district’s IDEA child find efforts, in order to not duplicate efforts.[16][17]

If a parent/guardian or the district has reason to believe that a student should be identified as a qualified student with a disability, should no longer be identified as a qualified student with a disability, or requires a change in or modification of the student’s current Service Agreement, the parent/guardian or the district shall provide the other party with written notice.[18][19][20]

The district shall establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need related services because of a disability.[20]

The district shall specifically identify the procedures and types of tests used to evaluate a student, and provide the parent/guardian the opportunity to give or withhold consent to the proposed evaluation(s) in writing.[20]

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

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

Service Agreement

If a student is determined to be a qualified student with a disability, the district shall develop a written Service Agreement for the delivery of all appropriate aids, services, or accommodations necessary to provide the student with FAPE.[13]

The district shall not implement a Service Agreement until the written agreement is executed by a representative of the district and a parent/guardian.[13]

The district shall not modify or terminate a student’s current Service Agreement without the parent’s/guardian’s written consent.[18]

Educational Programs/Nonacademic Services/Extracurricular Activities

The district shall educate a qualified student with a disability with students who are not disabled to the maximum extent appropriate to the needs of the student with a disability. A qualified student with a disability shall be removed from the regular educational environment only when the district determines that educating the student in the regular educational environment with the use of related aids, services, or accommodations cannot be achieved satisfactorily. Placement in a setting other than the regular educational environment shall take into account the proximity of the alternative setting to the student’s home.[21][22]

The district shall not discriminate against any qualified student with a disability in its provision of nonacademic services and extracurricular activities, including but not limited to, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs, and referrals to agencies which provide assistance to individuals with disabilities.[21][22][23][24][25][26][27]

Parental Involvement

Parents/Guardians have the right to inspect and review all relevant school records of the student, meet with the appropriate school officials to discuss any and all issues relevant to the evaluation and accommodations of their child, and give or withhold their written consent to the evaluation and/or the provision of services.[13][19][20][28]

Confidentiality of Student Records

All personally identifiable information regarding a qualified student with a disability shall be treated as confidential and disclosed only as permitted by the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, state regulations, and Board policy.[29][30]

Discipline

When necessary, the district shall discipline qualified students with disabilities in accordance with state and federal laws and regulations and Board policies.[31][32]

Referral to Law Enforcement and Reporting Requirements

For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco; or conduct that constitutes an offense listed under the Safe Schools Act.[33][34][35]

The building principal shall immediately report required incidents and may report discretionary incidents committed on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity by a qualified student with a disability, including a student for whom an evaluation is pending, to the local police department that has jurisdiction over the school’s property, in accordance with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement, and Board policies. The building principal shall respond in a manner that is consistent with the student’s Service Agreement and Behavior Support Plan, if applicable.[11][13][21][29][31][33][36][37][38][39][40][41][42][43][44][45][46]

In making a determination of whether to notify the local police department of a discretionary incident committed by a qualified student with a disability, including a student for whom an evaluation is pending, the building principal shall use the same criteria used for students who do not have a disability.[10][37][46][47]

For a qualified student with a disability who does not have a Behavior Support Plan as part of the student’s Service Agreement, subsequent to notification to law enforcement, the district, in consultation with the student’s parent/guardian, shall consider whether a Behavior Support Plan should be developed as part of the Service Agreement to address the student’s behavior.[13][38]

In accordance with state law, the Superintendent shall annually, by July 31, report to the Office for Safe Schools on the required form all new incidents committed by qualified students with disabilities, including students for whom an evaluation is pending, which occurred on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity.[34][46]

PROCEDURAL SAFEGUARDS

The district shall establish and implement a system of procedural safeguards that includes notice of rights to the parent/guardian of a student suspected of being a qualified student with a disability, an opportunity for the parent/guardian to review relevant records, an impartial hearing with an opportunity for participation by the student’s parent/guardian, and a review procedure.[28][48]

A student or parent/guardian filing a claim of discrimination need not exhaust these procedures prior to initiating court action under Section 504.[19]

Parental Request for Assistance

Parents/Guardians may file a written request for assistance with the Pennsylvania Department of Education (PDE) if one (1) or both of the following apply:[28]

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

PDE shall investigate and respond to requests for assistance and, unless exceptional circumstances exist, shall, within sixty (60) calendar days of receipt of the request, send to the parents/guardians and district a written response to the request. The response to the parents’/guardians’ request shall be in the parents’/guardians’ native language or mode of communication.[28]

Informal Conference

At any time, parents/guardians may file a written request with the district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aids, services or accommodations. Within ten (10) school days of receipt of the request, the district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.[28]

Formal Due Process Hearing

If the matters raised by the district or parents/guardians are not resolved at the informal conference, the district or parents/guardians may submit a written request for an impartial due process hearing. The hearing shall be held before an impartial hearing officer and shall be conducted in accordance with state regulations.[28][49]

Judicial Appeals

The decision of the impartial hearing officer may be appealed to a court of competent jurisdiction.[28]

COMPLAINT PROCEDURE

This complaint procedure is in addition to and does not prevent parents/guardians from using any option in the procedural safeguards system.[10]

Step 1 – Reporting

A student or parent/guardian who believes s/he has been subject to conduct by any student, employee or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the Section 504 building administrator. Any person with knowledge of conduct that may violate this policy, is encouraged to immediately report the matter to the Section 504 building administrator.

A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the Section 504 building administrator, as well as properly making any mandatory police or child protective services reports required by law.[50]

If the Section 504 building administrator is the subject of a complaint, the student, parent/guardian or employee shall report the incident directly to the district’s Section 504 Coordinator - Director of Pupil Services.

The complainant or reporting employee may be encouraged to use the district’s report form, available from the Section 504 building administrator or Section 504 Coordinator, or to put the complaint in writing; however, oral complaints shall be accepted, documented and the procedures of this policy implemented. The person accepting the verbal or written complaint may provide factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality and the right to file criminal charges. In all other respects, the person accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or those accused of a violation of this policy.

Step 2 – Investigation

Where an attorney is not used to conduct an investigation into a discrimination complaint, only individuals who have received basic training on the applicable law, this policy and how to conduct a proper investigation shall be authorized to conduct an investigation of a complaint made pursuant to this policy.

The investigator shall work with the Section 504 Coordinator to assess the anticipated scope of the investigation, who needs to be interviewed and what records may be relevant to the investigation.

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

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

If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator shall promptly notify the Section 504 Coordinator, who shall promptly inform law enforcement authorities about the allegations.[10][50][51][52]

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

Step 3 – Investigative Report

The investigator shall prepare and submit a written report to the Section 504 Coordinator within twenty (20) days of the initial report of alleged discrimination, unless the nature of the allegations, anticipated extent of the investigation or the availability of witnesses requires the investigator and the Section 504 Coordinator to establish a different due date. The parties shall be notified of the anticipated date the investigative report will be completed and of any changes to the anticipated due date during the course of the investigation.

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

The complainant and the accused shall be informed of the outcome of the investigation, including the recommended disposition, within a reasonable time of the submission of the written report. The accused shall not be notified of the individual remedies offered or provided to the complainant.

Step 4 – District Action

If the investigation results in a finding that some or all of the allegations of the complaint are established and constitute a violation of this policy, the district shall take prompt, corrective action designed to ensure that such conduct ceases and that no retaliation occurs. The district shall promptly take appropriate steps to prevent the recurrence of the prohibited conduct and to address the discriminatory effect the prohibited conduct had on the complainant and the school or school program environment. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. The Section 504 Coordinator shall follow up by assessing the effectiveness of the corrective action at reasonable intervals.

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

Disciplinary actions shall be consistent with the Code of Student Conduct, Board policies and administrative regulations, district procedures, applicable collective bargaining agreements, and state and federal laws.

Appeal Procedure

If the complainant or the accused is not satisfied with a finding made pursuant to the policy or with recommended corrective action, s/he may submit a written appeal to the district’s Section 504 Coordinator within fifteen (15) days.
The Section 504 Coordinator shall review the investigation and the investigative report and may also conduct a reasonable supplemental investigation to assess the sufficiency and propriety of the prior investigation.
The Section 504 Coordinator shall prepare a written response to the appeal within twenty (20) days. Copies of the response shall be provided to the complainant, the accused and the investigator who conducted the initial investigation.

104 Discrimination/Title IX Sexual Harassment Affecting Staff

Authority

The Board declares it to be the policy of this district to provide to all persons equal access to all categories of employment in this district, regardless of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, genetic information, pregnancy or handicap/disability. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations.[1][2][3][4][5][6][7][8][9][10][11][12]

The Board directs that the foregoing statement of Board policy be included in each student and staff handbook, and that this policy and related attachments be posted to the district’s website.

Reports of Title IX Sexual Harassment and Other Discrimination and Retaliation

The Board encourages employees and third parties who believe they or others have been subject to Title IX sexual harassment, other discrimination or retaliation to promptly report such incidents to the building principal or building administrator. A person who is not an intended victim or target of discrimination but is adversely affected by the offensive conduct may file a report of discrimination.

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

The complainant or the individual making the report may use the Discrimination/Sexual Harassment/Retaliation Report Form attached to this policy for purposes of reporting an incident or incidents in writing; however, verbal reports of an incident or incidents shall be accepted, documented and the procedures of this policy and the relevant attachments followed.

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

Disciplinary Procedures when Reports Allege Title IX Sexual Harassment

Administrative Leave –

When an employee, based on an individualized safety and risk analysis, poses an immediate threat to the health or safety of any student or other individual, the employee may be removed on an emergency basis.

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

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of discrimination or retaliation, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the attachments and the district's legal and investigative obligations.[13][14][15][16][17]

Retaliation

The Board prohibits retaliation by the district or any other person against any person for:[16]

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

Definitions

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

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

Discrimination

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

Submission to such conduct is made explicitly or implicitly a term or condition of an employee’s status; or
Submission to or rejection of such conduct is used as the basis for employment-related decisions affecting an employee; or
Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance at work or otherwise creates an intimidating, hostile, or offensive working environment such that it alters the complainant’s working conditions.

Definitions Related to Title IX Sexual Harassment

Counseling or Employee Assistance Program.
Extensions of deadlines or other course-related adjustments.
Modifications of work or class schedules.
Campus escort services.
Mutual restrictions on contact between the parties.
Changes in work locations.
Leaves of absence.
Increased security.
Monitoring of certain areas of the campus.
Assistance from domestic violence or rape crisis programs.
Assistance from community health resources including counseling resources.

Title IX sexual harassment means conduct on the basis of sex that satisfies one or more of the following:[18]

A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment.
Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or activity.
Sexual assault, dating violence, domestic violence or stalking.
1. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:[19]
  1. Length of relationship.
  2. Type of relationship.
  3. Frequency of interaction between the persons involved in the relationship.
2. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving federal funding, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.[19]
3. Sexual assault means a sexual offense under state or federal law that is classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.[20]
4. Stalking, under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means to engage in a course of conduct directed at a specific person that would cause a reasonable person to either:[19]
  1. Fear for their safety or the safety of others.
  2. Suffer substantial emotional distress.

Delegation of Responsibility

Address: 511 Highland Avenue, Grove City, PA 16127

Email: Email contact posted on District website

Phone Number: 724-458-6733

Review - Review of personnel practices and actions for discriminatory bias and compliance with laws against discrimination to include monitoring and recommending corrective measures when appropriate to written position qualifications, job descriptions and essential job functions; recruitment materials and practices; procedures for screening applicants; application and interviewing practices for hiring and promotions; district designed performance evaluations; review of planned employee demotions, non-renewal of contracts, and proposed employee disciplinary actions up to and including termination.
Training - Provide training for supervisors and staff to prevent, identify and alleviate problems of employment discrimination.
Resources - Maintain and provide information to staff on resources available to alleged victims in addition to the school complaint procedure or Title IX procedures, such as making reports to the police, available supportive measures such as assistance from domestic violence or rape crisis programs, and community health resources including counseling resources.
Reports/Formal Complaints - Monitor and provide technical assistance to individuals involved in managing informal reports and formal complaints.

Guidelines

Title IX Sexual Harassment Training Requirements

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

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

All training materials shall promote impartial investigations and adjudications of formal complaints of Title IX sexual harassment without relying on sex stereotypes.[22][23]

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

Disciplinary Consequences

Reports of Discrimination

Any reports of discrimination that are reviewed by the Title IX Coordinator and do not meet the definition of Title IX sexual harassment but are based on race, color, age, creed, religion, sex, sexual orientation, ancestry, genetic information, national origin, marital status, pregnancy or handicap/disability shall follow the Discrimination Complaint Procedures in Attachment 2 to this policy.

Reports of Title IX Sexual Harassment

105.1 Curriculum Review by Parents/Guardians and Students

Authority

The Board adopts this policy to ensure that parents/guardians and students have an opportunity to review instructional materials and have access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.[1][2]

Guidelines

The rights granted by this policy are granted to parents/guardians of students enrolled in this school district where the students are under the age of eighteen (18) and to the students themselves when the student is age eighteen (18) or over.[2]

Upon request by a parent/guardian or student, the district will make available existing information about the curriculum, including academic standards to be achieved, instructional materials, and assessment techniques.[3][4][5]

The following conditions shall apply to any request:

No more than one (1) request per semester per subject may be made by any parent/guardian or student for each enrolled child.
To assist the school district in providing the correct records to meet the needs of the requesting party, the request must be in writing, setting forth the specific material being sought for review.
The written request will be sent to the building principal.
The district will respond to the parent/guardian or student within ten (10) school days by designating the time and location for the review.
The district may take necessary action to protect its materials from loss, damage or alteration and to ensure the integrity of the files, including the provision of a designated employee to monitor the review of the materials.
No parent/guardian or student shall be permitted to remove the material provided for review or photocopy the contents of such file. The taking of notes by parents/guardians and students is permitted.

Delegation of Responsibility

The Superintendent or designee shall annually notify parents/guardians and students regarding the contents of this policy and their rights.

200 Enrollment

Authority

The Board is dedicated to equipping our students for their successful futures. It is our intention to provide district students access to the finest classroom settings, materials, textbooks, and technology, working in cooperation with our teachers, administrators, and support staff to meet this goal.

The Board shall enroll school age students eligible to attend district schools, in accordance with applicable laws and regulations, Board policy and administrative regulations.[1][2][3][4]

Definitions

School age shall be defined as the period from the earliest admission age for the district's kindergarten program until graduation from high school or the end of the school term in which a student reaches the age of twenty-one (21) years, whichever occurs first.[1][5]

Resident student shall mean those students who reside with their parents/guardians within the district boundaries.

Nonresident student shall mean those students and/or parents/guardians who do not reside within the district boundaries, but who are otherwise authorized to attend district schools, pursuant to law or under terms specifically outlined in Board policy.

District of residence shall be defined as the school district in which a student's parents/guardians reside.[2][3]

Guidelines

School age resident students and eligible nonresident students shall be entitled to attend district schools.[1][2][3][6]

The district shall not enroll a student until the parent/guardian has submitted proof of the student's age, residence, and immunizations and a completed Parental Registration Statement, as required by law and regulations.[1][2][7][14][3][9][10]

The district shall administer a home language survey to all students enrolling in district schools for the first time.[3][11]

The district shall normally enroll a school age, eligible student with all appropriate paper work the next business day, but no later than five (5) business days after application.[3]

The district shall immediately enroll identified homeless students, even if the student or parent/guardian is unable to produce the required documents.[12]

The district shall not inquire about the immigration status of a student as part of the enrollment process.[3]

Enrollment requirements and administrative regulations shall apply to nonresident students approved to attend district schools, in accordance with Board policy.[13]

Delegation of Responsibility

The Superintendent or designee shall annually notify students, parents/guardians and staff about the district’s admissions policy by publishing such policy in the student handbook, parent newsletters, district website and other efficient methods.[4]

The Superintendent or designee may develop and disseminate administrative regulations for the enrollment of eligible students in district schools.

204 Attendance

Purpose

The Board recognizes that attendance is an important factor in educational success, and supports acomprehensive approach to identify and address attendance issues.

[1]

Authority

Attendance shall be required of all students during the days and hours that school is in session, except that authorized district staff may excuse a student for temporary absences upon receipt of satisfactory evidence of mental, physical, or other urgent reasons that may reasonably cause the student's absence.

The Board shall establish and enforce attendance requirements, in accordance with applicable laws and regulations, Board policy and administrative regulations.

Definitions

Compulsory school age

shall mean the period of a child's life from the time the child's parents/guardians elect to have the child enter school, and which shall be no later than eight (8) years of age until the child reaches seventeen (17) years of age. The term does not include a child who holds a certificate of graduation from a regularly accredited, licensed, registered or approved high school.

Habitually truant

shall mean six (6) or more school days of unexcused absences during the current school year by a child subject to compulsory school attendance.

Truant

shall mean having incurred three (3) or more school days of unexcused absences during thecurrent school year by a child subject to compulsory school attendance.

Person in parental relation

shall mean a:

Custodial biological or adoptive parent.

Noncustodial biological or adoptive parent.

Guardian of the person of a child.

Person with whom a child lives and who is acting in a parental role of a child.

This definition shall not include any county agency or person acting as an agent of the county agency inthe jurisdiction of a dependent child as defined by law.

School-based

community-based attendance improvement program shall mean a program designed to improve school attendance by seeking to identify and address the underlying reasons for a child's absences. The term may include an educational assignment in an alternative education program,provided the program does not include a program for disruptive youth established pursuant to Article XIX-C of the Pennsylvania Public School Code.

Delegation of Responsibility

The Superintendent or designee shall annually notify students, parents/guardians, staff, local children and youth agency, and local Magisterial District Judges about the district’s attendance policy by publishing such policy in student handbooks, district website and other efficient communication methods.

The Superintendent or designee, in coordination with the administrator(s), shall be responsible for the implementation and enforcement of this policy.

The Superintendent or designee shall develop administrative regulations for the attendance of students which:

Govern the maintenance of attendance records in accordance with law.

Detail the process for submission of requests and excuses for student absences.

Detail the process for written notices, School Attendance Improvement Conferences, School Attendance Improvement Plans, and referrals to a school-based or community-based attendance improvement program, the local children and youth agency, or the appropriate judge.

Guidelines

Compulsory School Attendance Requirements

All students of compulsory school age who reside in the district shall be subject to the compulsory school attendance requirements.

[5]

A student shall be considered in attendance if present at any place where school is in session by authority of the Board; the student is receiving approved tutorial instruction, or health or therapeutic services; the student is engaged in an approved and properly supervised independent study, work-study or career education program; or the student is receiving approved homebound instruction.

The following students shall be excused from the requirements of attendance at district schools, upon request and with the required approval:

On certification by a physician or submission of other satisfactory evidence and on approval of the Department of Education, children who are unable to attend school or apply themselves to study for mental, physical or other reasons that preclude regular attendance.

Students enrolled in nonpublic or private schools in which the subjects and activities prescribed bylaw are taught.

Students attending college who are also enrolled part-time in district schools.

Students attending a home education program or private tutoring in accordance with law.

Students fifteen (15) or sixteen (16) years of age whose enrollment in private trade or business schools has been approved.

Students fifteen (15) years of age, and fourteen (14) years of age who have completed the highest elementary grade, engaged in farm work or private domestic service under duly issued permits.

Students sixteen (16) years of age regularly employed during the school session and holding a lawfully issued employment certificate.

Cyber Service Attendance Requirements

Secondary students enrolled in courses through the Grove City Area Cyber Service program in accordance with the following requirements will be considered in attendance for purposes of this policy and compulsory education requirements.

Student attendance in Cyber Service courses will be monitored by the Cyber Service Administrator, guidance counselors and teacher(s) using an Internet-based system. To be considered in attendance during the school year, a student enrolled in the Cyber Service program must actively participate in online instruction not less than two and one-half (2.5) hours per week per course. A student will not be granted credit for any semester course if absences from that course total more than seven (7) hours per semester or for any full year courses that total more than fourteen (14) hours for the year. A student is not considered absent from class if s/he has logged into the cyber service program and remained active during the minimum period required.

Except to the extent required by an Individualized Education Program (IEP), Cyber Service instruction will not be provided by the school district prior to the beginning of or subsequent to the end of the school year as annually approved by the Board.

Students enrolled full-time in the Cyber Service program must be actively engaged in their onlinecourses a minimum of two and one-half (2.5) hours to qualify for participation in extracurricular activities or practices on that day.

Excused/Lawful Absence

For purposes of this policy, the following conditions or situations constitute reasonable cause for absence from school:

Illness, including if a student is dismissed by designated district staff during school hours for health-related reasons.

Obtaining professional health care or therapy service rendered by a licensed practitioner of the healing arts in any state, commonwealth or territory.

Quarantine.

Family emergency.

Recovery from accident.

Required court attendance.

Death in family.

Participation in a project sponsored by a statewide or countywide 4-H, FFA or combined 4-H and FFA group, upon prior written request.

Observance of a religious holiday observed by bona fide religious group, upon prior writtenparental request.

10.

Nonschool-sponsored educational tours or trips, if the following conditions are met:

The parent/guardian submits a written request for excusal prior to the absence.

The student's participation has been approved by the Superintendent or designee.

The adult directing and supervising the tour or trip is acceptable to the parents/guardiansand the Superintendent.

11.

College or postsecondary institution visit, with prior approval.

12.

Other urgent reasons. Urgent reasons shall be strictly construed and do not permit irregularattendance.

The district may limit the number and duration of nonschool-sponsored educational tours or trips andcollege or postsecondary institution visits for which excused absences may be granted to a studentduring the school year.

Temporary Excusals -

The following students may be temporarily excused from the requirements of attendance at districtschools:

Students receiving tutorial instruction in a field not offered in the district's curricula from aproperly qualified tutor approved by the Superintendent, when the excusal does not interfere withthe student's regular program of studies.

Students participating in a religious instruction program, if the following conditions are met:

The parent/guardian submits a written request for excusal. The request shall identify anddescribe the instruction, and the dates and hours of instruction.

The student shall not miss more than thirty-six (36) hours per school year in order to attendclasses for religious instruction.

Following each absence, the parent/guardian shall submit a statement attesting that thestudent attended the instruction, and the dates and hours of attendance.

School age children unable to attend school upon recommendation of the school physician and apsychiatrist or school psychologist, or both, and with approval of the Secretary of Education.

Parental Notice of Absence -

Absences shall be treated as unlawful until the district receives a written excuse explaining the absence,to be submitted within three (3) days of the absence.

A maximum of ten (10) days of cumulative lawful absences verified by parental notification shall bepermitted during a school year. All absences beyond ten (10) cumulative days shall require an excusefrom a licensed practitioner of the healing arts.

Unexcused/Unlawful Absence

For purposes of this policy, absences which do not meet the criteria indicated above shall be consideredan unexcused/unlawful absence.

An out-of-school suspension may not be considered an unexcused absence.

Parental Notification -

District staff shall provide notice to the person in parental relation upon each incident ofunexcused absence.

Enforcement of Compulsory Attendance Requirements

Student is Truant -

When a student has been absent for three (3) days during the current school year without a lawful excuse, district staff shall provide notice to the person in parental relation who resides in the same household as the student within ten (10) school days of the student's third unexcused absence.

The notice shall:

Be in the mode and language of communication preferred by the person in parental relation;

Include a description of the consequences if the student becomes habitually truant; and

When transmitted to a person who is not the biological or adoptive parent, also be provided to the child's biological or adoptive parent, if the parent's mailing address is on file with the school andthe parent is not precluded from receiving the information by court order.

The notice may include the offer of a School Attendance Improvement Conference.

If the student incurs additional unexcused absences after issuance of the notice and a School Attendance Improvement Conference was not previously held, district staff shall offer a School Attendance Improvement Conference.

School Attendance Improvement Conference -

District staff shall notify the person in parental relation in writing and by telephone of the date and time of the School Attendance Improvement Conference.

The purpose of the School Attendance Improvement Conference is to examine the student's absencesand reasons for the absences in an effort to improve attendance with or without additional services.

The following individuals shall be invited to the School Attendance Improvement Conference:

The student.

The student's person in parental relation.

Other individuals identified by the person in parental relation who may be a resource.

Appropriate school personnel.

Recommended service providers.

Neither the student nor the person in parental relation shall be required to participate, and the School Attendance Improvement Conference shall occur even if the person in parental relation declines to participate or fails to attend the scheduled conference.

The outcome of the School Attendance Improvement Conference shall be documented in a written School Attendance Improvement Plan. The Plan shall be retained in the student's file. A copy of the Plan shall be provided to the person in parental relation, the student and appropriate district staff.

The district may not take further legal action to address unexcused absences until after the date of thescheduled School Attendance Improvement Conference has passed.

Student is Habitually Truant -

When a student under fifteen (15) years of age is habitually truant, district staff:

Shall refer the student to:

A school-based or community-based attendance improvement program; or

The local children and youth agency.

May file a citation in the office of the appropriate judge against the person in parental relation whoresides in the same household as the student.

When a student fifteen (15) years of age or older is habitually truant, district staff shall:

Refer the student to a school-based or community-based attendance improvement program; or

File a citation in the office of the appropriate judge against the student or the person in parentalrelation who resides in the same household as the student.

District staff may refer a student who is fifteen (15) years of age or older to the local children and youth agency, if the student continues to incur additional unexcused absences after being referred to a school-based or community-based attendance improvement program, or if the student refuses to participate in such program.

Regardless of age, when district staff refer a habitually truant student to the local children and youth agency or file a citation with the appropriate judge, district staff shall provide verification that the school held a School Attendance Improvement Conference.

Filing a Citation -

A citation shall be filed in the office of the appropriate judge whose jurisdiction includes the school in which the student is or should be enrolled.

Additional citations for subsequent violations of the compulsory school attendance requirements may only be filed against a student or person in parental relation in accordance with the specific provisions of the law.

Special Needs and Accommodations

If a truant or habitually truant student may qualify as a student with a disability, and require special education services or accommodations, the Director of Pupil Services shall be notified and shall take action to address the student’s needs in accordance with applicable law, regulations and Board policy.

For students with disabilities who are truant or habitually truant, the appropriate team shall be notified and shall address the student’s needs in accordance with applicable law, regulations and Board policy.

Discipline

The district shall not expel or impose out-of-school suspension, disciplinary reassignment or transfer for truant behavior.

209.1 Food Allergy Management

Purpose

The Board is committed to providing a safe and healthy environment for students with severe or life-threatening food allergies and shall establish policy to address food allergy management in district schools in order to:

Reduce and/or eliminate the likelihood of severe or potentially life-threatening allergic reactions.
Ensure a rapid and effective response in the case of a severe or potentially life-threatening allergic reaction.
Protect the rights of students by providing them, through necessary accommodations when required, the opportunity to participate fully in all school programs and activities, including classroom parties and field trips.

The focus of food allergy management shall be on prevention, education, awareness, communication and emergency response.

Authority

The Board adopts this policy in accordance with applicable state and federal laws and regulations, and the guidelines established jointly by the PA Department of Education and PA Department of Health on managing severe or life-threatening food allergies in the schools.[1]

Definitions

Food allergy - an abnormal, adverse reaction to a food that is triggered by the body’s immune system.

Medical Plans of Care - written documents individualized for a particular student with a severe or life-threatening food allergy to address the student’s needs throughout the school day, including:

Emergency Care Plan (ECP) - a medical plan of care based on the information provided in the student’s Individualized Healthcare Plan (IHP) and distributed to all school personnel who have responsibilities for the student which specifically describes how to recognize a food allergy emergency and what to do when signs or symptoms of these conditions are observed.
Individualized Healthcare Plan (IHP) - a medical plan of care that provides written directions for school health personnel to follow in meeting the individual student’s healthcare needs. The plan describes functional problem areas, sets goals for overcoming problems, and lists tasks/interventions to meet the goals. The IHP shall include a Food Allergy Medical Management Plan developed by a student’s personal healthcare team and family, which shall outline the student’s prescribed healthcare regimen and be signed by the student’s board-certified allergist, family physician, physician assistant or certified registered nurse practitioner.
Related Services Component in Individualized Education Program (IEP) - that part of an IEP for a student receiving special education and related services which includes reference to development and implementation of an IHP and ECP for students with a documented severe or life-threatening food allergy as well as identifying the medical accommodations, educational aids and services to address the student’s needs.[2]
Section 504 Service Agreement - a medical plan of care which references development and implementation of an IHP and ECP as well as other accommodations, educational aids and services a student with a documented severe or life-threatening food allergy requires in order to have equal access to educational programs, nonacademic services and extracurricular activities as students without food allergies.[3]

Guidelines

Prior to enrollment in the district or immediately after diagnosis of a food allergy, appropriate medical plans of care such as an ECP, IHP, Section 504 Service Agreement and/or IEP shall be developed for each student identified with a food allergy. Plans shall be developed by the school nurse, in collaboration with the student’s healthcare provider, the student’s parents/guardians, district or school nutrition staff, the student, if appropriate, and any other appropriate persons.

Where a medical plan of care is developed, it should carefully describe the plan for coverage and care of a student during the school day as well as during school-sponsored activities which take place while the student is under school jurisdiction during or outside of school hours. Medical plans of care shall include a component which provides information to the school nutrition service regarding each student with documented severe or life-threatening food allergies.

Medical plans of care should include both preventative measures to help avoid accidental exposure to allergens and emergency measures in case of exposure, including administration of emergency medication.[4]

A complete set of a student’s current medical plans of care related to food allergies shall be maintained by the school nurse. Information or copies of the different components of a student’s medical plans of care shall be provided to appropriate personnel who may be involved in implementation of the medical plans of care.

Accommodating Students With Disabling Special Dietary Needs

Students with food allergies may be identified, evaluated and determined to be disabled, in which case the district shall make appropriate accommodations, substitutions or modifications in accordance with the student’s medical plans of care.[3][2]

The district must provide reasonable accommodations, substitutions or modifications for students with disabling dietary needs. The student’s physician shall determine and document if the student has a disabling dietary need. Examples of a disability under this policy would include metabolic conditions (e.g., diabetes), severe food allergies or cerebral palsy.

Students who fall under this provision must have a written medical statement signed by a licensed physician, which shall be included with the student’s IHP. The medical statement must identify:[5]

The student’s special dietary disability.
An explanation of why the disability restricts the student’s diet.
The major life activity(ies) affected by the disability.
The food(s) to be omitted from the student’s diet.
The food or choice of foods that must be provided as the substitute.

Accommodating Students With Nondisabling Special Dietary Needs

The district may, at its discretion, make appropriate accommodations, substitutions or modifications for students who have a special dietary need but who do not meet the definition of disability, such as a food intolerance or allergy that does not cause a reaction that meets the definition of a disability. The decision to accommodate such a student shall be made on a case-by-case basis.

Students who fall under this provision must have a written medical statement signed by a physician, physician assistant or certified registered nurse practitioner identifying the following:

The medical or other special dietary condition which restricts the student’s diet.
The food(s) to be omitted from the student’s diet.
The food or choice of foods to be substituted.

Confidentiality

The district shall maintain the confidentiality of students with food allergies, to the extent appropriate and as requested by the student’s parents/guardians. District staff shall maintain the confidentiality of student records as required by law, regulations and Board policy.[6][7][8]

Delegation of Responsibility

The Superintendent or designee, in coordination with the school nurse, school nutrition services staff, and other pertinent staff, may develop administrative regulations to implement this policy or adopt as administrative regulations the suggested guidelines developed by the Pennsylvania Departments of Education and Health and National School Boards Association (NSBA) guidance on managing severe or life-threatening food allergies in district schools, including all classrooms and instructional areas, school cafeterias, outdoor activity areas, on school buses, during field trips, and during school activities held before the school day and after the school day.[9][10][15][14]

Administrative regulations should address the following components:

Identification of students with food allergies and provision of school health services.[12]
Development and implementation of individual written management plans.
Medication protocols, including methods of storage, access and administration.[4]
Development of a comprehensive and coordinated approach to creating a healthy school environment.[10]
Communication and confidentiality.[6][7][8]
Emergency response.[13]
Professional development and training for school personnel.
Awareness education for students.
Awareness education and resources for parents/guardians.
Monitoring and evaluation.

The district’s food allergy management policy may be reviewed through the school nurse or the district’s website.

210.1 Possession/Administration of Asthma Inhalers/Epinephrine Auto Injectors

Authority

The Board shall permit students in district schools to possess asthma inhalers and epinephrine auto-injectors and to self-administer the prescribed medication in compliance with state law and Board policy.[1][2]

The Board shall authorize the district to stock epinephrine auto-injectors in the name of the school district for emergency administration by trained employees to a student believed to be experiencing an anaphylactic reaction.[3]

Definitions

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

Asthma inhaler shall mean a prescribed device used for self-administration of short-acting, metered doses of prescribed medication to treat an acute asthma attack.[4]

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

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

Delegation of Responsibility

The Superintendent or designee, in conjunction with the school nurse(s), shall develop procedures for student possession and self-administration of asthma inhalers or epinephrine auto-injectors and emergency response, and for the acquisition, stocking and administration of stock epinephrine auto-injectors, and training of school employees responsible for the storage and use of epinephrine auto-injectors.

The Superintendent or designee shall annually distribute to students, parents/guardians, and staff this policy along with the Code of Student Conduct by publishing such in handbooks and newsletters, on the district’s website, and through posted notices and other efficient methods.[1][5][6][7]

The school physician shall be the prescribing and supervising medical professional for the district’s stocking and use of epinephrine auto-injectors. The Superintendent or designee shall obtain a standing order from the school physician for administration of stock epinephrine auto-injectors.

The school nurse shall be responsible for building-level storage of and administration of stock epinephrine auto-injectors.[3]

The building principal shall annually notify parents/guardians of their right to opt-out of the provisions of this policy related to the administration of a stock epinephrine auto-injector. To opt-out, a parent/guardian shall sign and return the district's exemption form to the school nurse. The signed opt-out forms shall be maintained by the school nurse, and the school nurse shall provide trained school employees with the names of students whose parents/guardians have returned a signed opt-out form.[3]

Guidelines

Administration of asthma inhalers and epinephrine auto-injectors shall comply with Board policy, district procedures and individualized student plans such as an Individualized Education Program (IEP), Section 504 Service Agreement (Service Agreement), Individualized Healthcare Plan (IHP), or Emergency Care Plan (ECP).[2][3][8][9][10][11]

In order to maintain a student's health and safety, each student's individualized plan shall address what information will be provided to school staff and other adults who have responsibility for the student in the school setting.[2][9][12][13][14][15]

Student health records shall be confidential and maintained in accordance with state and federal laws and regulations.[13][14]

Student Self-Administration of Asthma Inhalers and Epinephrine Auto-Injectors

Before a student may possess or use an asthma inhaler or epinephrine auto-injector in the school setting, the Board shall require the following:[1][8]

A written request from the parent/guardian that the school complies with the order of the licensed physician, certified registered nurse practitioner or physician assistant.
A written statement from the parent/guardian acknowledging that the school is not responsible for ensuring the medication is taken and relieving the district and its employees of responsibility for the benefits or consequences of the prescribed medication.
A written statement from the licensed physician, certified registered nurse practitioner or physician assistant that states:
1. Name of the drug.
2. Prescribed dosage.
3. Times medication is to be taken.
4. Length of time medication is prescribed.
5. Diagnosis or reason medication is needed, unless confidential.
6. Potential serious reaction or side-effects of medication.
7. Emergency response.
8. If child is qualified and able to self-administer the medication.
A written acknowledgement from the school nurse that the student has demonstrated that s/he is capable of self-administration of the asthma inhaler and/or epinephrine auto-injector in the school setting. Determination of competency for self-administration shall be based on the student’s age, cognitive function, maturity and demonstration of responsible behavior.[1]
A written acknowledgement from the student that s/he has received instruction from the student's licensed physician, certified registered nurse practitioner or physician assistant on proper safety precautions for the handling and disposal of the asthma inhaler and/or epinephrine auto-injector, including acknowledgement that the student will not allow other students to have access to the prescribed medication and that s/he understands appropriate safeguards.

The district reserves the right to require a statement from the licensed physician, certified registered nurse practitioner or physician assistant for the continued use of a medication beyond the specified time period.[1]

A written request for student use of an asthma inhaler and/or epinephrine auto-injector shall be submitted annually, along with required written statements from the parent/guardian and an updated prescription. If there is a change in the student's prescribed care plan, level of self-management or school circumstances during the school year, the parent/guardian and the licensed physician, certified registered nurse practitioner or physician assistant shall update the written statements.[1]

The student shall notify the school nurse immediately following each use of an asthma inhaler or epinephrine auto-injector.[1]

Students shall be prohibited from sharing, giving, selling, and using an asthma inhaler or epinephrine auto-injector in any manner other than which it is prescribed during school hours, at any time while on school property, at any school-sponsored activity, and during the time spent traveling to and from school and school-sponsored activities. Violations of this policy, provisions of a Service Agreement or IEP, or demonstration of unwillingness or inability to safeguard the asthma inhaler or epinephrine auto-injector may result in loss of privilege to self-carry the asthma inhaler or epinephrine auto-injector and disciplinary action in accordance with Board policy and applicable procedural safeguards.[1][2][7][16][17]

If the district denies a student’s request to self-carry an asthma inhaler or epinephrine auto-injector or the student has lost the privilege of self-carrying an asthma inhaler or epinephrine auto-injector, the student’s prescribed medication shall be appropriately stored at a location in close proximity to the student. The school nurse, other designated school employees and the student’s classroom teachers shall be informed where the medication is stored and the means to access the medication.[1]

Standing Order From the School Physician

The school physician shall provide and annually renew a standing order for administration of stock epinephrine auto-injectors to students believed to be experiencing an anaphylactic reaction.

The standing order shall include at least the following information:

Type of epinephrine auto-injector.
Date of issue.
Dosage.
Signature of the school physician.

The standing order shall be maintained in the Superintendent’s office, and copies of the standing order shall be kept in each location where a stock epinephrine auto-injector is stored.

Acquisition, Storage and Disposal of Stock Epinephrine Auto-Injectors

The School Nurse within each school will be responsible for the storage and use of the stock epinephrine auto-injectors.[3]

Stock epinephrine auto-injectors shall be safely stored in the school nurse’s office or other location designated by the school nurse in accordance with the drug manufacturer’s instructions.

Stock epinephrine auto-injectors shall be made readily accessible to those employees who have completed the required training to administer it in the event of a student experiencing an anaphylactic reaction. All properly trained employees shall be informed of the exact location where stock epinephrine auto-injectors are being stored within the school nurse’s office or other location.

The school nurse shall obtain sufficient supplies of stock epinephrine auto-injectors pursuant to the standing order in the same manner as other medical supplies acquired for the school health program. The school nurse or designee shall regularly inventory and refresh epinephrine auto-injector stocks, and maintain records thereof, in accordance with the established internal procedures, manufacturer recommendations and Pennsylvania Department of Health guidelines.

Administration of Stock Epinephrine Auto-Injectors

When responding to a student believed to be experiencing an anaphylactic reaction, a trained school employee shall:[3][18][19][20][21]

Administer an epinephrine auto-injector that meets the prescription on file for either the student or the district. If the student is authorized to self-administer an epinephrine auto-injector, the trained school employee may provide the student with an epinephrine auto-injector that meets the prescription on file for either the student or the district for self-administration.
Call for medical help immediately (dial 9-1-1).
Take additional precautions or steps outlined in emergency response procedures and training, including the administration of a second dose of epinephrine, if necessary.
Stay with the student until emergency medical help arrives.
Cooperate with Emergency Medical Services (EMS) personnel responding to the incident.
Notify the school nurse or designee of the incident.

Training

Before any school district employee may be responsible for the storage or administration of epinephrine auto-injectors under this policy, the employee must successfully complete a training course approved by the Pennsylvania Department of Health.[3]

Refresher training shall be completed every two (2) years, and a hands-on demonstration and review of this policy and any accompanying procedures shall be completed annually.

Evidence that such training has been completed shall be placed in the employee’s personnel file.

A list of school district employees who successfully complete such training shall be maintained, updated and kept in the school nurse’s office and the school district administration office.

Indemnification

The school district shall indemnify and hold harmless any employee who administers an epinephrine auto-injector in good faith to a student experiencing anaphylaxis, if all of these conditions apply:[3][22][23][24]

The employee did not act with the intent to harm or with reckless indifference to a substantial risk or harm in administering the epinephrine auto-injector to the student.
The employee successfully completed the training required by this policy.
The employee promptly sought additional medical assistance before or immediately after administering the epinephrine auto-injector.
The employee administered the epinephrine auto-injector pursuant to this policy, and the student’s individualized plan, if applicable.

216 Student Records

Authority

The Board recognizes its responsibility for the collection, retention, disclosure and protection of student records. The Board also recognizes the legal requirement to maintain the confidentiality of student records and prohibits the unauthorized access, reproduction, and/or disclosure of student education records and personally identifiable information from such records.[1][30][31][32][12][33][3][4][5][6][7][35][34]

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

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

Definitions

Attendance - includes, but is not limited to, attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and the period during which a person is working under a work-study program.[9]

Directory information - information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status; dates of attendance; participation in officially recognized school activities and sports; weight and height of members of athletic teams; degrees, honors and awards received; and the most recent educational agency or institution attended.[7][9]

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

Disclosure - permitting access to or the release, transfer or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party, except the party that provided or created the record.[9]

Education records - records that are directly related to a student, maintained by the school district or by a party acting for the school district.[7][9]

The term does not include:

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

Eligible student - a student who has attained eighteen (18) years of age or is attending an institution of postsecondary education. All rights accorded to and consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student. In cases where an eligible student is dependent upon the parent as defined in the Internal Revenue Code, the district shall make the education records accessible to the parent of said student.[9][10]

Parent - includes a natural parent, a guardian or an individual acting as a parent of a student in the absence of a parent/guardian. The district shall give full rights to either parent unless the district has been provided with evidence that there is a state law, court order, or a legally binding document governing such matters as divorce, separation, or custody that specifically revokes these rights.[9][11]

Personally identifiable information - includes, but is not limited to:[9]

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

Student - includes any individual who is or has been in attendance at the district and regarding whom the district maintains education records.[9]

Delegation of Responsibility

The Superintendent or designee shall be responsible for developing, implementing, and monitoring the student records plan.

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

Each district teacher shall prepare and maintain a record of the work and progress of each student, including the final grade and a recommendation for promotion or retention.[12][13][14]

Guidelines

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

Safeguards to protect the student records when collecting, retaining and disclosing personally identifiable information.
Ensuring that parents and eligible students, including those who are disabled or have a primary language other than English, are effectively notified of their rights and the procedures to implement those rights, annually and upon enrollment.[15]
Procedures for the inspection, review, and copying of a student’s education records by parents and eligible students. The district may charge a fee for copies of records that are made for parents so long as the fee does not effectively prevent parents from exercising their right to inspect and review those records. The district shall not charge a fee to search for or to retrieve information in response to a parental request.[16][17][18]
Procedures for requesting the amendment of a student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.[19]
Procedures for requesting and conducting hearings to challenge the content of the student’s education records.[20][21]
Enumerating and defining the types, locations and persons responsible for education records maintained by the district.
Determining the types of personally identifiable information designated as directory information.[9][22]
Establishing guidelines for the disclosure and redisclosure of student education records and personally identifiable information from student records.[23]
Reasonable methods to ensure that school district officials obtain access to only those education records in which they have a legitimate educational interest. Such methods shall include criteria for determining who constitutes a school district official and what constitutes a legitimate educational interest.[15][24]
Maintaining required records of requests for access and each disclosure of personally identifiable information from each student’s education records.[25]
Ensuring appropriate review, retention, disposal and protection of student records.[26]
Transferring education records and appropriate disciplinary records to other school districts.[1]

Student Recruitment

Procedures for disclosure of student records and personally identifiable information shall apply equally to military recruiters and postsecondary institutions and shall comply with law and Board policy.[27]

Missing Child Registration

A missing child notation shall be placed on school records of a student under the age of eighteen (18) reported as missing to school officials by a law enforcement agency. Such notation shall be removed when the school district is notified by the appropriate law enforcement agency that a missing child has been recovered.[28]

In the event the district receives a request for information from the school records of a missing child, the district shall:[29]

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

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

218 Student Discipline

Purpose

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

Authority

The Board shall establish fair, reasonable and nondiscriminatory rules and regulations regarding the conduct of all students in the school district during the time they are under the supervision of the school or at any time while on school property, while present at school-sponsored activities, and while traveling to or from school and school-sponsored activities.[1][2][3][4][5]

The Board shall adopt a Code of Student Conduct to govern student discipline, and students shall not be subject to disciplinary action because of race, sex, color, religion, sexual orientation, national origin or handicap/disability. Each student must adhere to Board policies and the Code of Student Conduct governing student discipline.[6][2][3][4][5][7]

The Board prohibits the use of corporal punishment by district staff to discipline students for violations of Board policies and district rules and regulations.[8]

Any student disciplined by a district employee shall have the right to notice of the infraction.[9]

Suspensions and expulsions shall be carried out in accordance with Board policy.[9]

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[10][11][5][12][13][14]

Off-Campus School-Sponsored Activities

This policy shall also apply to student conduct that occurs off school property and would otherwise violate the Code of Student Conduct if any of the following circumstances exist:

The conduct occurs during the time the student is traveling to and from school or traveling to and from school-sponsored activities, whether or not via school district furnished transportation.
The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities.[15][16]
Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school.
The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school, that would violate the Code of Student Conduct if conducted in school.
The conduct involves the theft or vandalism of school property.
There is otherwise a nexus between the proximity or timing of the conduct in relation to the student's attendance at school or school-sponsored activities.

Delegation of Responsibility

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

The Superintendent or designee shall publish and distribute to all staff, students and parents/guardians the rules and regulations for student behavior contained in the Code of Student Conduct, the sanctions that may be imposed for violations of those rules, and a listing of students’ rights and responsibilities. A copy of the Code of Student Conduct shall be available in each school library and school office and may be printed in the student handbooks.[2][7]

The building principal shall have the authority to assign discipline to students, subject to the policies, rules and regulations of the district and to the student's due process right to notice, hearing, and appeal.[17][18]

Teaching staff and other district employees responsible for students shall have the authority to take reasonable actions necessary to control the conduct of students in all situations and in all places where students are within the jurisdiction of this Board, and when such conduct interferes with the educational program of the schools or threatens the health and safety of others.[17]

Reasonable force may be used by teachers and school authorities under any of the following circumstances: to quell a disturbance, obtain possession of weapons or other dangerous objects, for the purpose of self-defense, and for the protection of persons or property.[8]

Referral to Law Enforcement and Reporting Requirements

The Superintendent or designee shall immediately report required incidents and may report discretionary incidents committed by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[22][30][20][24][25][14]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[20][26][14]

In accordance with state law, the Superintendent shall annually, by July 31, report all new incidents to the Office for Safe Schools on the required form.[30][27][28][31][32][14]

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

218.1 Weapons

Purpose

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

Definitions

Weapon - the term shall include but not be limited to any knife, cutting instrument, cutting tool, explosives, nunchaku, firearm, shotgun, rifle, replica of a weapon, and any other tool, instrument or implement capable of inflicting serious bodily injury.[1][2]

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

Authority

The Board prohibits students from possessing and bringing weapons and replicas of weapons into any school district buildings, onto school property, to any school-sponsored activity, and onto any public vehicle providing transportation to school or a school-sponsored activity or while the student is coming to or from school.[2][3]

The Board shall expel for a period of not less than one (1) year any student who violates this weapons policy. Such expulsion shall be given in conformance with formal due process proceedings required by law and Board policy. The Superintendent may recommend modifications of such expulsion requirement on a case-by-case basis.[2][4]

Delegation of Responsibility

The Superintendent or designee shall react promptly to information and knowledge concerning possession of a weapon. Such action shall be in compliance with state law and regulations and with the procedures set forth in the memorandum of understanding with local law enforcement officials and the district’s emergency preparedness plan.[11][12][10]

Guidelines

The Superintendent or designee shall immediately report incidents involving weapons on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[11][13][2][14][15][10]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving weapons as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[14][16][10]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents involving possession of a weapon to the Office for Safe Schools on the required form.[13][10]

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

An exception to this policy may be made by the Superintendent, who shall prescribe special conditions or administrative regulations to be followed.[2]

In accordance with federal law, possession or discharge of a firearm in, on, or within 1,000 feet of school grounds is prohibited. Violations shall be reported to the appropriate law enforcement agency.[17][18]

Transfer Students

When the school district receives a student who transfers from a public or private school during an expulsion period for an offense involving a weapon, the district may assign that student to an alternative assignment or may provide alternative education, provided the assignment does not exceed the expulsion period.[2]

220 Student Expression/Distribution and Posting of Materials

Purpose

The right of public school students to freedom of speech is guaranteed by the Constitution of the United States and the constitution of the Commonwealth. The Board respects the right of students to express themselves in word or symbol and to distribute and post materials in areas designated for posting as a part of that expression. The Board also recognizes that the exercise of that right must be limited by the district's responsibility to maintain a safe and orderly school environment and to protect the rights of all members of the school community.[1]

This policy addresses student expression in general and distribution and posting of materials that are not part of district-sponsored activities. Materials sought to be distributed or posted as part of the curricular or extracurricular programs of the district shall be regulated as part of the school district’s educational program.

Definitions

Distribution means students issuing nonschool materials to others on school property or during school-sponsored events; placing upon desks, tables, on or in lockers; or engaging in any other manner of delivery of nonschool materials to others while on school property or during school functions. When email, text messaging or other technological delivery is used as a means of distributing or accessing nonschool materials via use of school equipment or while on school property or at school functions, it shall be governed by this policy. Off-campus or after hours distribution, including technological distribution, that does or is likely to materially or substantially interfere with the educational process, including school activities, school work, discipline, safety and order on school property or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or interferes with another's rights is also covered by this policy.

Expression means verbal, written, technological or symbolic representation or communication.

Nonschool materials means any printed, technological or written materials meant for posting or general distribution that are not prepared as part of the curricular or approved extracurricular programs of the district. This includes, but is not limited to, fliers, invitations, announcements, pamphlets, posters, Internet bulletin boards, personal websites and the like.

Posting means publicly displaying nonschool materials on school property or at school-sponsored events, including but not limited to affixing such materials to walls, doors, bulletin boards, easels, the outside of lockers; on district-sponsored or student websites; through other district-owned technology and the like. When email, text messaging or other technological delivery is used as a means of posting nonschool materials via use of school equipment or while on school property or at school functions, it shall be governed by this policy. Off-campus or after hours posting, including technological posting, that does or is likely to materially or substantially interfere with the educational process, including school activities, school work, discipline, safety and order on school property or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or interferes with another's rights is also covered by this policy.

Authority

Students have the right to express themselves unless such expression is likely to or does materially or substantially interfere with the educational process, including school activities, school work, discipline, safety and order on school property or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or interferes with another's rights.[1]

Student expression that occurs on school property or at school-sponsored events is fully governed by this policy. In addition, off-campus or after hours expression is governed by this policy if the student expression involved constitutes unprotected expression as stated in this policy and provided the off-campus or after hours expression does or is likely to materially or substantially interfere with the educational process, including school activities, school work, discipline, safety and order on school property or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or interferes with another's rights.[1][2]

The Board requires that distribution and posting of nonschool materials shall occur only at the places and during the times set forth in written procedures. Such procedures shall be written to permit the safe and orderly operation of schools, while recognizing the rights of students to engage in protected expression.[1][3]

Unprotected Student Expression

The Board reserves the right to designate and prohibit manifestations of student expression that are not protected by the right of free expression because they violate the rights of others or where such expression is likely to or does materially or substantially interfere with school activities, school work, discipline, safety and order on school property or at school functions. While the following list is not intended to be exhaustive, such expression shall not be protected if it:

Violates federal, state or local laws, Board policy or district rules or procedures.
Is libelous, defamatory, obscene, lewd, vulgar or profane.[2]
Advocates the use or advertises the availability of any substance or material that may reasonably be believed to constitute a direct and serious danger to the health or welfare of students, such as tobacco/nicotine, alcohol or illegal drugs.
Incites violence, advocates use of force or threatens serious harm to the school or community.
Is likely to or does materially or substantially interfere with the educational process, such as school activities, school work, discipline, safety and order on school property or at school functions.
Interferes with, or advocates interference with, the rights of any individual or the safe and orderly operation of the schools and their programs.
Violates written school district procedures on time, place and manner for posting and distribution of otherwise protected expression.

Spontaneous student expression which is otherwise protected speech is not prohibited by this section.

Discipline for Engaging in Unprotected Expression

The Board reserves the right to prohibit the posting or distribution of nonschool materials containing unprotected expression and to prohibit students from engaging in other unprotected student expression, as well as to stop unprotected student expression when it occurs. The Board reserves the right to discipline students for engaging in unprotected expression. Where such expression occurs off campus and away from school functions, a nexus between the unprotected expression and a material and substantial disruption of the school program must be established.

Distribution of Nonschool Materials

The Board requires that students who wish to distribute or post nonschool materials on school property shall submit them at least one (1) school day in advance of planned distribution or posting to the building principal or designee, who shall forward a copy to the Superintendent.[1]

If the nonschool materials contain unprotected expression as stated in this policy, the building principal or designee shall notify the students that they may not post or distribute the materials because the materials constitute a violation of Board policy.

If notice is not given during the period between submission and the time for the planned distribution or posting, students may proceed with the planned distribution or posting, provided they comply with written procedures on time, place and manner of posting or distribution of nonschool materials.

Students who post or distribute nonschool materials in compliance with this provision may still be ordered to desist such distribution if the materials are later found to be unprotected expression under this policy.

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

Posting of Nonschool Materials

If a school building has an area where individuals are allowed to post nonschool materials, students may post such items as well, if the materials do not constitute unprotected expression and the items are submitted for prior review in the same manner as if the students were going to distribute them.

Such materials shall be officially dated, and the district may remove the materials within ten (10) days of the posting or other reasonable time as stated in the procedures relating to posting.

Review of Student Expression

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

Student-initiated religious expression is permissible and shall not be prohibited except as to time, place and manner of distribution, or if the expression involved violates some other part of this policy, e.g., because it is independently determined to be unprotected expression under the standards and definitions of this policy.

The review for unprotected expression shall be reasonable and not calculated to delay distribution.

Appeal of the reviewer's decision may be made to the Superintendent and then to the Board, in accordance with Board policy and district procedures.[4]

Delegation of Responsibility

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

The building principal may determine disciplinary action for students who distribute or post nonschool materials in violation of this policy and district procedures, or who continue the manifestation of unprotected expression after a person in authority orders that they desist. Disciplinary actions shall be included in the disciplinary Code of Student Conduct.[5]

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

222 Tobacco

Purpose

The Board recognizes that tobacco presents a health and safety hazard that can have serious consequences for both users and nonusers and the safety and environment of the schools.

Definition

For purposes of this policy, tobacco includes a lighted or unlighted cigarette, cigar, pipe, electronic cigarettes and other smoking product or material and smokeless tobacco in any form.[1]

Authority

The Board prohibits possession, use or sale of tobacco by students at any time in a school building and on any property, buses, vans and vehicles that are owned, leased or controlled by the school district.[16][1][2]

The Board prohibits possession, use or sale of tobacco by students at school-sponsored activities that are held off school property.

Delegation of Responsibility

The Superintendent or designee shall annually notify students, parents/guardians and staff about the district's tobacco policy by publishing such policy in the student handbook, posted notices, district website and other efficient methods.

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

Guidelines

The Superintendent or designee may report incidents of possession, use or sale of tobacco by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[9][14][11][12][8]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use or sale of tobacco immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[11][13][8]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of tobacco by students to the Office for Safe Schools on the required form.[14][8]

A student convicted of possessing or using tobacco in violation of this policy may be fined up to fifty dollars ($50) plus court costs or admitted to alternative adjudication in lieu of imposition of a fine.[17]

226 Searches

Purpose

The Board acknowledges the need to respect the rights of students to be free from unreasonable searches and seizures while fulfilling the district’s interest in protecting and preserving the health, safety and welfare of the school population, enforcing rules of conduct, and maintaining an appropriate atmosphere conducive to learning.

Authority

School officials have the authority to lawfully search students or their belongings, including desks, lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions, without a warrant, when in school, on school grounds or when otherwise under school supervision, if there is a reasonable suspicion that the place or thing to be searched contains prohibited contraband, material that would pose a threat to the health, safety and welfare of the school population, or evidence that there has been a violation of the law, Board policy, or school rules. The scope and extent of searches must be reasonable in relation to the nature of the suspected evidence, contraband or dangerous material and to the grounds for suspecting that it may be found in the place or thing being searched.[1][2][3][4]

The district has a compelling interest in protecting and preserving the health, safety and welfare of the school population, which under certain circumstances may warrant general or random searches of students and their desks, lockers, vehicles or other belongings without individualized suspicion, for the purpose of finding or preventing entry onto school property of controlled substances, weapons or other dangerous materials.[5][6][7]

Delegation of Responsibility

The Board authorizes the administration to conduct searches of students or their belongings, including desks, lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions in accordance with the standards set forth in this policy.

The Superintendent or designee, in consultation with the district solicitor, shall develop guidelines and procedures to implement this policy, and shall ensure that school staff who are involved in carrying out searches or determining when searches will be conducted receive appropriate periodic training about such procedures and currently applicable legal standards.[3]

Students, parents/guardians and staff shall be notified at least annually, or more often if deemed appropriate by administration, about the standards and procedures in effect pursuant to this policy.

Guidelines

Individualized Suspicion Searches

Students or their belongings, including desks, lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions, may be searched without a warrant when in school, on school grounds or when otherwise under school supervision, if there is a reasonable suspicion that the place or thing to be searched contains prohibited contraband, material that would pose a threat to the health, safety and welfare of the school population, or evidence that there has been a violation of the law, Board policy, or school rules. The scope and extent of searches must be reasonable in relation to the nature of the suspected evidence, contraband or dangerous material and to the grounds for suspecting that it may be found in the place or thing being searched.[3]

In determining whether reasonable suspicion exists, the principal or designee always should be able to articulate what is being looked for, and why it is thought to be located in the particular place to be searched. The scope of a search should be limited to the place or places the item sought is believed to be.

Students, and their belongs, may be subjected to an electronic search including, but not limited to, a hand-held wand search by the district when there is reasonable suspicion that the place or thing to be searched contains prohibited contraband, materials that would pose a threat to the health, safety, and welfare of the school population, or evidence that there has been a violation of the law, Board policy, or school rules. These searches may not be used to create reasonable suspicion for a search, but may be used to confirm the location of suspected contraband, material, or evidence.

Examination by school staff of text messages, call logs, files, images or other data contained in a student’s mobile telephone or other electronic device, without the student’s consent, normally constitutes a search that must be justified by reasonable suspicion that material in violation of law, district policy or school rules, or evidence of such a violation, is contained in the particular files, directories or other data locations being examined in the device.

Random or General Searches Without Individualized Suspicion

Under certain circumstances, random or general searches of students and their belongings, including student desks, lockers or vehicles parked on school property, may be conducted during the school day or upon entry into school buildings or school activities, in the absence of suspicion focused on a particular student or students, for the purpose of finding or preventing entry onto school property or activities of controlled substances, weapons or other dangerous materials. Such searches normally will be conducted in a minimally intrusive manner using screening methods such as dogs or other animals trained to detect controlled substances, explosives or other harmful materials by smell, as well as metal detectors and other technology. When such screening methods provide a reasonable suspicion that particular students, items or places possess or contain controlled substances, weapons or other dangerous material, screening may be followed by physical searches of those particular students, items or places on an individualized basis.

Random or general searches for weapons may be conducted when there are circumstances, information or events tending to indicate increased likelihood that students may be armed or headed for physical confrontation because of community strife or tensions, or as a continuation or escalation of a prior incident, in or out of school, which threatens to spill over into school, into a school-sponsored activity, or into other times and places that students are under school supervision.

Random or general searches for controlled substances may be conducted when there are circumstances, events or information tending to indicate significant drug use, possession or trafficking among students in school.

Random or general searches not based on individualized suspicion must be approved in advance by the Superintendent or designee, in consultation with the district solicitor. Coordination with law enforcement officials will be accomplished as provided in the memorandum of understanding with the applicable law enforcement agency.[8]

Searches Upon Consent

Searches may be conducted at any time, with or without reasonable suspicion, if the student has given knowing and voluntary consent specific to the place to be searched.

The administration may establish rules and procedures governing certain privileges enjoyed by students, such as the privilege of parking a vehicle on school grounds, that make the student’s consent to random searches or inspections a condition of access to the privilege.[6]

Searches by or at the Request of Law Enforcement Officials

The legal standards governing searches initiated by school officials are less strict than the standards applicable to law enforcement authorities in many situations. When searches of students, student belongings, desks, vehicles or lockers are conducted by or at the request of law enforcement officials, with or without the involvement of school staff, the law enforcement officials are solely responsible for ensuring that a warrant has been issued or that the circumstances otherwise permit the search to be lawfully conducted in accordance with the standards applicable to law enforcement actions. School staff will not interfere with or obstruct searches initiated by law enforcement, but may assist when law enforcement officials have requested such assistance and have represented that a warrant has been issued or that they otherwise have proper authority for a lawful search.[8]

Locker Inspections and Searches

Lockers are assigned to or otherwise made available to students as a convenience for the safe storage of books, clothing, school materials and limited personal property, and to facilitate movement between classes and activities and to and from school. Such lockers are and shall remain the property of the school district, and to the extent students have any expectation of privacy of lockers at all, it is very limited.

No student may place or keep in a locker any substance or object that is prohibited by law, Board policy or school rules, or that constitutes a threat to the health, safety or welfare of the occupants of the school building or the building itself. Students are required to ensure that their lockers do not contain spoiled food items or beverages, or soiled clothing which may attract pests, create odors or cause unhealthy conditions. A student locker may be opened and inspected for cleanliness, with or without the consent of the student, whenever there are odors, pests or other indications that a locker contains spoiled food, soiled clothing in need of laundering or similarly unhealthy matter.

Students are exclusively responsible for locking their assigned lockers to ensure the security of their personal belongings and school property entrusted to them. Students are permitted to secure their assigned lockers only with locks provided by the district, or if the district does not provide locks, personal combination locks for which the combination has been provided to designated school staff.

Prior to an individual locker search or inspection, the student to whom the locker is assigned shall be notified and be given a reasonable opportunity to be present. However, when there is a reasonable suspicion that a locker contains materials which pose a threat to the health, welfare or safety of the school population, student lockers may be searched without prior notice to the student.

The principal or a designated staff person shall be present whenever a student locker is inspected for cleanliness or is searched. The principal or designee shall maintain written records of all occasions when a locker is searched or inspected. Such records shall include the reason(s) for the search, persons present, objects found and their disposition.

Searches Involving Removal of Clothing or Examination Beneath Clothing

Searches of students involving the removal of undergarments or examination beneath undergarments are subject to stricter standards than are required to justify other searches of a student’s person or belongings. Such searches are permitted only when the basis for suspicion establishes either:

That the reasons for believing that the items being searched for are concealed specifically inside undergarments are stronger reasons than grounds that would support only a more general reasonable suspicion that the student is in possession of the items or has them somewhere on the student’s person; or,
That the quantity or nature of the items being sought present a higher level of danger to the school population than other kinds of contraband.

Searches involving the removal of or examination beneath any clothing of a student, other than jackets, coats or other outerwear, shall be conducted only by a staff person of the same gender as the student, with at least one (1) other staff person of the same gender present as a witness, and in a location assuring privacy from observation by persons not involved in the search or of the opposite sex.

Searches involving the removal of undergarments or examination beneath undergarments will be conducted only after consultation with the district solicitor.

Handling and Disposal of Items Found in the Course of Searches

Any items or material found during a search or inspection, the student’s possession of which is in violation of law, district policies or school rules, or otherwise is evidence of such a violation, may be confiscated, and may be used as evidence in student discipline proceedings or a criminal investigation, even if such items or material were not the original objective of the search or inspection.

The principal shall be responsible to ensure that confiscated items or material are properly inventoried and secured until the conclusion of disciplinary action, if any, and are then properly disposed of if not appropriate to be returned to the student. Items or materials that are evidence of a criminal offense, or that are not lawful for ordinary citizens to possess will be promptly turned over to proper law enforcement authorities for custody or disposal.

227 Controlled Substances

Purpose

The Board recognizes that the abuse of controlled substances is a serious problem with legal, physical and social implications for the whole school community. As an educational institution, the schools shall strive to prevent abuse of controlled substances.

Definitions

For purposes of this policy, controlled substances shall include all:[1][26]

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

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

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

For purposes of this policy, possession shall include possessing or holding without any attempt to distribute any alcohol, drug or mood altering substance determined to be illegal or as defined herein.

For purposes of this policy, distribution shall be to deliver, sell, pass, share or give any alcohol, other drug, or mood altering substance as defined by this policy, from one person to another or to aid therein.

Authority

The Board prohibits students from using, possessing, distributing, and being under the influence of any controlled substances during school hours, at any time while on school property, at any school-sponsored activity, and during the time spent traveling to and from school and to and from school-sponsored activities.[3][4][5]

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

Off-Campus Activities

This policy shall also apply to student conduct that occurs off school property and would otherwise violate the Code of Student Conduct if any of the following circumstances exist:[11]

The conduct occurs during the time the student is traveling to and from school on school district transportation or traveling to and from school-sponsored activities, whether or not via school district furnished transportation.
The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities.[12][13]
Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school.
The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school, that would violate the Code of Student Conduct if conducted in school.
The conduct involves the theft or vandalism of school property.
There is otherwise a nexus between the proximity or timing of the conduct in relation to the student's attendance at school or school-sponsored activities.

Delegation of Responsibility

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

Establish procedures to appropriately manage situations involving students suspected of using, possessing, being under the influence, or distributing controlled substances.[14][18][16]
Disseminate to students, parents/guardians and staff the Board policy and administrative regulations governing student use of controlled substances.
Provide education concerning the dangers of abusing controlled substances.
Establish procedures for education and readmission to school of students convicted of offenses involving controlled substances.

Guidelines

Violations of this policy may result in disciplinary action up to and including expulsion and referral for prosecution.[11][17]

The Superintendent or designee shall immediately report required incidents and may report discretionary incidents involving possession, use or sale of controlled substances on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[14][18][19][20][21][22]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use or sale of controlled substances as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[19][23][22]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of controlled substances to the Office for Safe Schools.[18][22]

In all cases involving students and controlled substances, the need to protect the school community from undue harm and exposure to drugs shall be recognized.

No student may be admitted to a program that seeks to identify and rehabilitate the potential abuser without the intelligent, voluntary and aware consent of the student and parent/guardian.

Anabolic Steroids

The Board prohibits the use of anabolic steroids by students involved in school-related athletics, except for a valid medical purpose. Body building and muscle enhancement, increasing muscle bulk or strength, or the enhancement of athletic ability are not valid medical purposes. Human Growth Hormone (HGH) shall not be included as an anabolic steroid.[24]

Students shall be made aware of the dangers of steroid use; that anabolic steroids are classified as controlled substances; and that their use, unauthorized possession, purchase, or sale could subject students to suspension, expulsion and/or criminal prosecution.[25][17]

Reasonable Suspicion/Testing

If based on the student's behavior, medical symptoms, vital signs or other observable factors, the building principal has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include but is not limited to the analysis of blood, urine, saliva, or the administration of a Breathalyzer test.

235 Student Rights & Responsibilities

Purpose

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

Authority

The Board has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of district students. At the same time, no student shall be deprived of equal treatment and equal access to the educational program, due process, a presumption of innocence, and free expression and association, in accordance with Board policy and school rules.[1][2][3][5][12][13]

Guidelines

Attendant upon the rights established for each student are certain responsibilities, which include regular attendance; conscientious effort in classroom work and homework; conformance to Board policies and school rules and regulations; respect for the rights of teachers, students, administrators, and all others who are involved in the educational process: and expression of ideas and opinions in a respectful manner.[4][5][6][7][8][14]

It shall be the responsibility of the student to:[4]

Be aware of all policies, rules and regulations for the student behavior and conduct him/herself accordingly. Each student shall assume that, until a rule is waived, altered or repealed in writing, it is in effect.[8]
Volunteer information in matters relating to the health, safety and welfare of the school community and the protection of school property.
Dress and groom to meet standards of safety and health, and not to cause substantial disruption to the educational processes.[15]
Assist the school staff in operating a safe school.
Comply with federal, state and local laws.
Exercise proper care when using district facilities, school supplies and equipment.[16]
Attend school daily and be on time to all classes and other school functions.[7]
Make up work when absent from school.
Pursue and attempt to satisfactorily complete the courses of study prescribed by local school authorities.
Report accurately in student media.[14]
Not use obscene language in student media or on school property.[14]

A listing of students’ rights and responsibilities shall be included in the Code of Student Conduct, which shall be distributed annually to students and parent/guardians.[5][8]

Delegation of Responsibility

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

235.1 Surveys

Purpose

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

Definitions

Personal information means individually identifiable information, including a student’s or parent’s/guardian’s first and last name; home or physical address, including street name and the name of the city or town; telephone number; or social security number.[1]

For purposes of this policy, protected information, as addressed by the Protection of Pupil Rights Amendment (PPRA), includes:[1]

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

Authority

Surveys conducted by outside agencies, organizations and individuals shall be approved by the Board, based on the Superintendent's recommendation, prior to administration to students.

Guidelines

All surveys and instruments used to collect information from students shall relate to the district's educational objectives.[2]

U.S. Department of Education Funded Surveys

No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, to submit to a survey, analysis or evaluation that reveals protected information without written parental consent for students under eighteen (18) years of age or written consent of emancipated students or those over eighteen (18) years of age.[1]

All instructional materials, including teachers’ manuals, films, tapes or other supplementary material, that will be used in connection with any survey, analysis or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be made available for inspection by the parent(s)/guardian(s) of the student.[1][3]

Surveys Funded by Other Sources

Parents/Guardians shall be informed of the nature and scope of individual surveys and their relationship to the educational program of their child and the parent’s/guardian’s right to inspect, upon request, a survey created by a third party prior to administration or distribution to a student. Such requests shall be in writing and submitted to the building principal.[2][1]

Parents/Guardians shall be informed of their right to have their child excluded from any research studies or surveys conducted by entities other than a school entity without prior written consent.[4][2][1]

Collection of Information for Marketing, Sales or Other Distribution Purposes

The district shall notify parents/guardians of any activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or selling, or otherwise providing the information to others for that purpose.[1]

The parent/guardian has the right to inspect the instrument used in collection of personal information for the purpose of marketing or selling that information and opt the student out of participating in any activity that results in the collection, disclosure or use of personal information for purposes of marketing or selling that information.[1]

This provision does not apply to the collection, disclosure or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions, such as the following: recruiters, book clubs, curriculum and instructional materials used by schools, sale by students of products or services to raise funds for school-related or education-related activities, or student recognition programs.[1]

Privacy

The district shall implement procedures to protect student identity and privacy when a survey containing one or more of the items listed under protected information is administered or distributed to a student and in the event of the collection, disclosure or use of personal information for marketing, sales or other distribution purposes.[1]

Student and Parent/Guardian Rights

Under federal law, the rights provided to parents/guardians under this policy transfer to the student when the student turns eighteen (18) years old or is an emancipated minor. These rights do not transfer under state law; therefore, parents/guardians retain their rights to receive notice and to inspect.[4][2][1]

Delegation of Responsibility

The Superintendent or designee shall notify parents/guardians and students of:[1]

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

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

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

237 Electronic Devices

Purpose

The Board adopts this policy in order to support an educational environment that is orderly, safe and secure for district students and employees.

Definition

Electronic devices shall include all devices that can take photographs; record, play or edit audio or video data; store, transmit or receive calls, messages, text, data or images; operate online applications; or provide a wireless, unfiltered connection to the Internet.

Authority

The Board directs that electronic devices may be used in authorized areas or as determined by the building principal as follows:

For educational or instructional purposes, as determined and supervised by the classroom teacher.
Before and after school, in the cafeteria at lunchtime, in the hallways during the passing of classes, on the bus or other vehicles if authorized by the driver, and in the library and study hall if authorized by the classroom teacher.
When the educational, safety, emergency, medical or security use of the electronic device is approved by the building principal or designee, or the student’s Individualized Education Program (IEP) or Section 504 team. In such cases, the student’s use must be supervised by a classroom teacher or district staff.[1][2]

The Board prohibits use of electronic devices in locker rooms, bathrooms, health suites and other changing areas at any time.

The district shall not be liable for the loss, damage or misuse of any electronic device.

Electronic Images and Photographs

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

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

Delegation of Responsibility

The Superintendent or designee shall annually notify students, parents/guardians and employees about the Board’s electronic device policy.

The Superintendent or designee shall develop administrative regulations to implement this policy.

Guidelines

Violations of this policy by a student shall result in disciplinary action and shall result in confiscation of the electronic device.[3][4][5]

246 Student Wellness

Purpose

Grove City Area School District recognizes that student wellness and proper nutrition are related to students' physical well-being, growth, development and readiness to learn. The Board is committed to providing a school environment that promotes student wellness, proper nutrition, nutrition education and promotion, and regular physical activity as part of the total learning experience. In a healthy school environment, students will learn about and participate in positive dietary and lifestyle practices that can improve student achievement.

Authority

The Board adopts this policy based on the recommendations of the Wellness Committee and in accordance with federal and state laws and regulations.[1][2][3]

To ensure the health and well-being of all students, the Board establishes that the district shall provide to students:

A comprehensive nutrition program consistent with federal and state requirements.
Access at reasonable cost to foods and beverages that meet established nutrition guidelines.
Physical education courses and opportunities for developmentally appropriate physical activity during the school day.
Curriculum and programs for grades K-12 that are designed to educate students about proper nutrition and lifelong physical activity, in accordance with State Board of Education curriculum regulations and academic standards.

Delegation of Responsibility

The Superintendent or designee shall be responsible for the implementation and oversight of this policy to ensure each of the district's schools, programs and curriculum is compliant with this policy, related policies and established guidelines or administrative regulations.[2][3]

Each building principal or designee shall annually report to the Superintendent or designee regarding compliance in his/her school.[3]

Staff members responsible for programs related to school wellness shall report to the Superintendent or designee regarding the status of such programs.

The Superintendent or designee shall annually report to the Board on the district's compliance with law and policies related to school wellness. The report may include:

Assessment of school environment regarding school wellness issues.
Evaluation of food services program.
Review of all foods and beverages sold in schools for compliance with established nutrition guidelines.
Listing of activities and programs conducted to promote nutrition and physical activity.
Suggestions for improvement in specific areas.

The Superintendent or designee and the established Wellness Committee shall conduct an assessment at least once every three (3) years on the contents and implementation of this policy as part of a continuous improvement process to strengthen the policy and ensure implementation. This triennial assessment shall be made available to the public in an accessible and easily understood manner and include:[2][3]

The extent to which each district school is in compliance with law and policies related to school wellness.
The extent to which this policy compares to model wellness policies.
A description of the progress made by the district in attaining the goals of this policy.

At least once every three (3) years, the district shall update or modify this policy as needed, based on the results of the most recent triennial assessment and/or as district and community needs and priorities change; wellness goals are met; new health science, information and technologies emerge; and new federal or state guidance or standards are issued.[3]

The district shall annually inform and update the public, including parents/guardians, students, and others in the community, about the contents, updates and implementation of this policy via the district website, student handbooks, newsletters, posted notices and/or other efficient communication methods. This annual notification shall include information on how to access the School Wellness policy; information about the most recent triennial assessment; information on how to participate in the development, implementation and periodic review and update of the School Wellness policy; and a means of contacting Wellness Committee leadership.[2][3]

Guidelines

Recordkeeping

The district shall retain records documenting compliance with the requirements of the School Wellness policy, which shall include:[3][4]

The written School Wellness policy.
Documentation demonstrating that the district has informed the public, on an annual basis, about the contents of the School Wellness policy and any updates to the policy.
Documentation of efforts to review and update the School Wellness policy, including who is involved in the review and methods used by the district to inform the public of their ability to participate in the review.
Documentation demonstrating the most recent assessment on the implementation of the School Wellness policy and notification of the assessment results to the public.

Wellness Committee

The district shall establish a Wellness Committee comprised of, but not necessarily limited to, at least one (1) of each of the following: School Board member, district administrator, district food service representative, student, parent/guardian, school health professional, physical education teacher and member of the public. It shall be the goal that committee membership will include representatives from each school building and reflect the diversity of the community.[2]

The Wellness Committee shall serve as an advisory committee regarding student health issues and shall be responsible for developing, implementing and periodically reviewing and updating a School Wellness policy that complies with law to recommend to the Board for adoption.

The Wellness Committee shall review and consider evidence-based strategies and techniques in establishing goals for nutrition education and promotion, physical activity and other school based activities that promote student wellness as part of the policy development and revision process.[3]

Individuals who conduct student medical and dental examinations shall submit to the Advisory Health Council annual reports and later reports on the remedial work accomplished during the year, as required by law.[5]

Nutrition Education

Nutrition education will be provided within the sequential, comprehensive health education program in accordance with curriculum regulations and the academic standards for Health, Safety and Physical Education, and Family and Consumer Sciences.[6][7][8]

Nutrition education in the district shall teach, model, encourage and support healthy eating by students. Promoting student health and nutrition enhances readiness for learning and increases student achievement.

Nutrition education shall provide all students with the knowledge and skills needed to lead healthy lives.

Nutrition education lessons and activities shall be age-appropriate.

Nutrition curriculum shall teach behavior-focused skills, which may include menu planning, reading nutrition labels and media awareness.

Nutrition education shall be integrated into other subjects such as math, science, language arts and social sciences to complement but not replace academic standards based on nutrition education.

Lifelong lifestyle balance shall be reinforced by linking nutrition education and physical activity.

Nutrition education shall extend beyond the school environment by engaging and involving families and the community.

Nutrition Promotion

Nutrition promotion and education positively influence lifelong eating behaviors by using evidence-based techniques and nutrition messages, and by creating food environments that encourage healthy nutrition choices and encourage participation in school meal programs.

District schools shall promote nutrition through the implementation of Farm to School activities, where possible. Activities may include, but not be limited to, the initiation/maintenance of school gardens, taste-testing of local products in the cafeteria and classroom, classroom education about local agriculture and nutrition, field trips to local farms and incorporation of local foods into school meal programs.

District staff shall cooperate with agencies and community organizations to provide opportunities for appropriate student projects related to nutrition.

Consistent nutrition messages shall be disseminated and displayed throughout the district, schools, classrooms, cafeterias, homes, community and media.

Consistent nutrition messages shall be demonstrated by avoiding use of unhealthy food items in classroom lesson plans and school staff avoiding eating less healthy food items in front of students.

District schools shall offer resources about health and nutrition to encourage parents/guardians to provide healthy meals for their children.

Physical Activity

District schools shall strive to provide opportunities for developmentally appropriate physical activity during the school day for all students.

District schools shall contribute to the effort to provide students opportunities to accumulate at least sixty (60) minutes of age-appropriate physical activity daily, as recommended by the Centers for Disease Control and Prevention. Opportunities offered at school will augment physical activity outside the school environment, such as outdoor play at home, sports, etc.

Age-appropriate physical activity opportunities, such as outdoor and indoor recess, before and after school programs, during lunch, clubs, intramurals and interscholastic athletics, shall be provided to meet the needs and interests of all students, in addition to planned physical education.

A physical and social environment that encourages safe and enjoyable activity for all students shall be maintained.

District schools shall partner with parents/guardians and community members and organizations, such as YMCAs, Boys & Girls Clubs, local and state parks, hospitals, etc., to institute programs that support lifelong physical activity.

Physical activity shall not be used or withheld as a form of punishment.

Students and their families shall be encouraged to utilize district-owned physical activity facilities, such as playgrounds and fields, outside school hours in accordance with established district rules.

Physical Education

A sequential physical education program consistent with curriculum regulations and Health, Safety and Physical Education academic standards shall be developed and implemented. All district students must participate in physical education.[7][8][9]

Quality physical education instruction that promotes lifelong physical activity and provides instruction in the skills and knowledge necessary for lifelong participation shall be provided.

A varied and comprehensive curriculum that promotes both team and individual activities and leads to students becoming and remaining physically active for a lifetime shall be provided in the physical education program.

Adequate amounts of planned instruction shall be provided in order for students to achieve the proficient level for the Health, Safety and Physical Education academic standards.

Students shall be moderately to vigorously active as much time as possible during a physical education class. Documented medical conditions and disabilities shall be accommodated during class.

Safe and adequate equipment, facilities and resources shall be provided for physical education courses.

Physical education shall be taught by certified health and physical education teachers.

Physical education classes shall have a teacher-student ratio comparable to those of other courses for safe and effective instruction.

Physical activity shall not be used or withheld solely as a form of punishment.

Other School Based Activities

Safe drinking water shall be available and accessible to students, without restriction and at no cost to the student, at all meal periods and throughout the school day.[10][11][12][13]

Nutrition professionals who meet hiring criteria established by the district and in compliance with federal regulations shall administer the school meals program. Professional development and continuing education shall be provided for district nutrition staff, as required by federal regulations.[14][15][16][17]

District schools shall provide adequate space, as defined by the district, for eating and serving school meals.

Students shall be provided a clean and safe meal environment.

Students shall be provided adequate time to eat: ten (10) minutes sit down time for breakfast; twenty (20) minutes sit down time for lunch.

Meal periods shall be scheduled at appropriate hours, as required by federal regulations and as defined by the district.[10]

Students shall have access to hand washing or sanitizing before meals and snacks.

Access to the food service operation shall be limited to authorized staff.

Nutrition content of school meals shall be available to students and parents/guardians.

Students and parents/guardians may be involved in menu selections through various means, such as taste testing and surveys.

The district shall provide appropriate training to all staff on the components of the School Wellness policy.

Administrators, teachers, food service personnel, students, parents/guardians and community members shall be encouraged to serve as positive role models through district programs, communications and outreach efforts.

The district shall support the efforts of parents/guardians to provide a healthy diet and daily physical activity for children by communicating relevant information through various methods.

The district shall maintain a healthy school environment to optimize conditions for learning and minimize potential health risks to students, in accordance with the district’s school environmental health program and applicable laws and regulations.

Nutrition Guidelines for All Foods/Beverages at School

All foods and beverages available in district schools during the school day shall be offered to students with consideration for promoting student health and reducing obesity.

Foods and beverages provided through the National School Lunch or School Breakfast Programs shall comply with established federal nutrition standards.[10][11][15][16]

Foods and beverages offered or sold at school-sponsored events outside the school day, such as athletic events and dances, shall offer healthy alternatives in addition to more traditional fare.

Competitive Foods -

Competitive foods available for sale shall meet or exceed the established federal nutrition standards (USDA Smart Snacks in School). These standards shall apply in all locations and through all services where foods and beverages are sold to students, which may include, but are not limited to: a la carte options in cafeterias, vending machines, school stores, snack carts and fundraisers.[3][18][19]

Competitive foods are defined as foods and beverages offered or sold to students on school campus during the school day, which are not part of the reimbursable school breakfast or lunch.

For purposes of this policy, school campus means any area of property under the jurisdiction of the school that students may access during the school day.[3][18]

For purposes of this policy, school day means the period from midnight before school begins until thirty (30) minutes after the end of the official school day.[3][18]

The district may impose additional restrictions on competitive foods, provided that the restrictions are not inconsistent with federal requirements.[18]

Fundraiser Exemptions -

Fundraising activities held during the school day involving the sale of competitive foods shall be limited to foods that meet the Smart Snacks in School nutrition standards, unless an exemption is approved in accordance with applicable Board policy and administrative regulations.[20]

The district may allow a limited number of exempt fundraisers as permitted by the Pennsylvania Department of Education each school year: up to five (5) exempt fundraisers in elementary and middle school buildings, and up to ten (10) exempt fundraisers in high school buildings. Exempt fundraisers are fundraisers in which competitive foods are available for sale to students that do not meet the Smart Snacks in School nutrition standards.[18]

The district shall establish administrative regulations to implement fundraising activities in district schools, including procedures for requesting a fundraiser exemption.

Non-Sold Competitive Foods -

Non-sold competitive foods available to students, which may include but are not limited to foods and beverages offered as rewards and incentives, at classroom parties and celebrations, or as shared classroom snacks, shall meet or exceed the standards established by the district.

If the offered competitive foods do not meet or exceed the Smart Snacks in School nutrition standards, the following standards shall apply:

Rewards and Incentives:
1. Foods and beverages shall not be used as a reward for classroom or school activities unless the reward is an activity that promotes a positive nutrition message (e.g., guest chef, field trip to a farm or farmers market, etc.).
Classroom Parties and Celebrations:
1. Classroom parties shall offer a minimal amount of foods (maximum 2-3 items) containing added sugar as the primary ingredient (e.g., cupcakes, cookies) and will provide the following:
  1. Fresh fruits/vegetables; and
  2. Water, 100 percent juice, 100 percent juice diluted with water, low-fat milk or nonfat milk.
Shared Classroom Snacks:
1. Shared classroom snacks are not permitted in district schools.

The district shall provide a list of suggested nonfood ideas and healthy food and beverage alternatives to parents/guardians and staff, which may be posted via the district website, student handbooks, newsletters, posted notices and/or other efficient communication methods.

Marketing/Contracting -

Any foods and beverages marketed or promoted to students on the school campus during the school day shall meet or exceed the established federal nutrition standards (USDA Smart Snacks in School) and comply with established Board policy and administrative regulations.[3][18]

Exclusive competitive food and/or beverage contracts shall be approved by the Board, in accordance with provisions of law. Existing contracts shall be reviewed and modified to the extent feasible to ensure compliance with established federal nutrition standards, including applicable marketing restrictions.[21]

Management of Food Allergies in District Schools

The district shall establish Board policy and administrative regulations to address food allergy management in district schools in order to:[22]

Reduce and/or eliminate the likelihood of severe or potentially life-threatening allergic reactions.
Ensure a rapid and effective response in case of a severe or potentially life-threatening allergic reaction.
Protect the rights of students by providing them, through necessary accommodations when required, the opportunity to participate fully in all school programs and activities.

Safe Routes to School

The district shall cooperate with local municipalities, public safety agency, police departments and community organizations to develop and maintain safe routes to school.

247 Hazing

Purpose

The purpose of this policy is to maintain a safe, positive environment for students and staff that is free

from hazing. Hazing activities of any type are inconsistent with the educational goals of the district and

are prohibited at all times.

Definitions

Hazing occurs when a person intentionally, knowingly or recklessly, for the purpose of initiating,

admitting or affiliating a student with an organization, or for the purpose of continuing or enhancing

membership or status in an organization, causes, coerces or forces a student to do any of the following:

[1]

1. Violate federal or state criminal law.

2. Consume any food, liquid, alcoholic liquid, drug or other substance which subjects the student to a

risk of emotional or physical harm.

3. Endure brutality of a physical nature, including whipping, beating, branding, calisthenics or

exposure to the elements.

4. Endure brutality of a mental nature, including activity adversely affecting the mental health or

dignity of the individual, sleep deprivation, exclusion from social contact or conduct that could

result in extreme embarrassment.

5. Endure brutality of a sexual nature.

6. Endure any other activity that creates a reasonable likelihood of bodily injury to the student.

Aggravated hazing occurs when a person commits an act of hazing that results in serious bodily injury

or death to the student and:[2]

1. The person acts with reckless indifference to the health and safety of the student; or

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2. The person causes, coerces or forces the consumption of an alcoholic liquid or drug by the

student.

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

facilitates hazing.[3][4]

Any activity, as described above, shall be deemed a violation of this policy regardless of whether:[5]

1. The consent of the student was sought or obtained, or

2. The conduct was sanctioned or approved by the school or organization.

Student activity or organization means any activity, society, corps, team, club or service, social or

similar group, operating under the sanction of or recognized as an organization by the district, whose

members are primarily students or alumni of the organization.[6][7]

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

pain.[8]

For purposes of this policy, serious bodily injury shall mean bodily injury which creates a substantial

risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the

function of any bodily member or organ.[8]

Authority

The Board prohibits hazing in connection with any student activity or organization regardless of whether

the conduct occurs on or off school property or outside of school hours.[4][5][7][9][10]

No student, parent/guardian, coach, sponsor, volunteer or district employee shall engage in, condone or

ignore any form of hazing.

The Board encourages students who believe they, or others, have been subjected to hazing to promptly

report such incidents to the building principal or designee.

Title IX Sexual Harassment and Other Discrimination

Every report of alleged hazing that can be interpreted at the outset to fall within the provisions of

policies addressing potential violations of laws against discrimination shall be handled as a joint,

concurrent investigation into all allegations and coordinated with the full participation of the Compliance

Officer and Title IX Coordinator. If, in the course of a hazing investigation, potential issues of

discrimination are identified, the Title IX Coordinator shall be promptly notified, and the investigation

shall be conducted jointly and concurrently to address the issues of alleged discrimination as well as the

incidents of alleged hazing.[11][12]

Delegation of Responsibility

Students, parents/guardians, coaches, sponsors, volunteers, and district employees shall be alert to

incidents of hazing and shall report such conduct to the building principal or designee.

Guidelines

In addition to posting this policy on the district’s publicly accessible website, the district shall inform

students, parents/guardians, sponsors, volunteers and district employees of the district’s policy

prohibiting hazing, including district rules, penalties for violations of the policy, and the program

established by the district for enforcement of the policy by means of publication in handbooks and

verbal instructions by the coach or sponsor at the start of the season or program.[4]

This policy, along with other applicable district policies, procedures and Codes of Conduct, shall be

provided to all school athletic coaches and all sponsors and volunteers affiliated with a student activity

or organization, prior to coaching an athletic activity or serving as a responsible adult supervising,

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advising, assisting or otherwise participating in a student activity or organization together with a notice

that they are expected to read and abide by the policies, procedures and Codes of Conduct.[7]

Complaint Procedure

A student who believes that they have been subject to hazing is encouraged to promptly report the

incident to the building principal or designee.

Students are encouraged to use the district’s report form, available from the building principal, or to put

the complaint in writing; however, oral complaints shall be accepted and documented. The person

accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside

personal biases that might favor or disfavor the student filing the complaint or those accused of a

violation of this policy.

The Board directs that verbal and written complaints of hazing shall be provided to the building principal

or designee, who shall promptly notify the Superintendent or designee of the allegations and determine

who shall conduct the investigation. Allegations of hazing shall be investigated promptly, and

appropriate corrective or preventative action be taken when allegations are substantiated. The Board

directs that any complaint of hazing brought pursuant to this policy shall also be reviewed for conduct

which may not be proven to be hazing under this policy but merits review and possible action under

other Board policies.

Interim Measures/Police

Upon receipt of a complaint of hazing, the building principal or designee, in consultation with the

Superintendent or designee, shall determine what, if any interim measures should be put in place to

protect students from further hazing, bullying, discrimination or retaliatory conduct related to the

alleged incident and report. Such interim measures may include, but not be limited to, the suspension of

an adult who is involved, the separation of alleged victims and perpetrators, and the determination of

what the complaining student needs or wants through questioning.

Those receiving the initial report and conducting or overseeing the investigation will assess whether the

complaint, if proven, would constitute hazing, aggravated hazing or organizational hazing and shall

report it to the police consistent with district practice and, as appropriate, consult with legal counsel

about whether to report the matter to the police at every stage of the proceeding. The decision to report

a matter to the police should not involve an analysis by district personnel of whether safe harbor

provisions might apply to the person being reported, but information on the facts can be shared with

the police in this regard.[13]

Referral to Law Enforcement and Safe Schools Reporting Requirements –

For purposes of reporting hazing incidents to law enforcement in accordance with Safe Schools Act

reporting, the term incident shall mean an instance involving an act of violence; the possession of a

weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the

Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of

alcohol or tobacco; or conduct that constitutes an offense listed under the Safe Schools Act.[14][15]

[16]

The Superintendent or designee shall immediately report required incidents and may report

discretionary incidents, as defined in the Safe Schools Act, committed by students on school property, at

any school-sponsored activity or on a conveyance providing transportation to or from a school or schoolsponsored

activity to the local police department that has jurisdiction over the school’s property, in

accordance with state law and regulations, the procedures set forth in the memorandum of

understanding with local law enforcement and Board policies.[14][15][17][18][19][20]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in a

defined incident as a victim or suspect immediately, as soon as practicable. The Superintendent or

designee shall inform the parent/guardian whether or not the local police department that has

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jurisdiction over the school property has been or may be notified of the incident. The Superintendent or

designee shall document attempts made to reach the parent/guardian.[15][20][21]

In accordance with state law, the Superintendent shall annually, by July 31, report all new incidents to

the Office for Safe Schools on the required form.[14][20]

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a complaint and the investigation

shall be handled in accordance with applicable law, regulations, this policy and the district’s legal and

investigative obligations.

Retaliation

Reprisal or retaliation relating to reports of hazing or participation in an investigation of allegations of

hazing is prohibited and shall be subject to disciplinary action.

Consequences for Violations

Safe Harbor –

An individual needing medical attention or seeking medical attention for another shall not be subject to

criminal prosecution if the individual complies with the requirements under law, subject to the

limitations set forth in law.[13]

Students –

If the investigation results in a substantiated finding of hazing, the investigator shall recommend

appropriate disciplinary action up to and including expulsion, as circumstances warrant, in accordance

with the Code of Student Conduct. The student may also be subject to disciplinary action by the coach

or sponsor, up to and including removal from the activity or organization. The fact of whether a student

qualified for and received safe harbor under a criminal investigation shall be considered in assigning

discipline.[4][7][13][22][23]

Nonstudent Violators/Organizational Hazing -

If the investigation results in a substantiated finding that a coach, sponsor, or volunteer affiliated with

the student activity or organization engaged in, condoned or ignored any violation of this policy, the

coach, sponsor, or volunteer shall be disciplined in accordance with Board policy and applicable laws and

regulations. Discipline could include, but is not limited to, dismissal from the position as coach, sponsor,

or volunteer, and/or dismissal from district employment.[24]

If an organization is found to have engaged in organizational hazing, it shall be subject to the imposition

of fines and other appropriate penalties. Penalties may include rescission of permission for that

organization to operate on school property or to otherwise operate under the sanction or recognition of

the district.

Criminal Prosecution –

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

prosecution.[4]

249 Bullying/Cyberbullying

Purpose

The Board is committed to providing a safe, positive learning environment for district students. The Board recognizes that bullying creates an atmosphere of fear and intimidation, detracts from the safe environment necessary for student learning, and may lead to more serious violence. Therefore, the Board prohibits bullying by district students.

Definitions

Bullying means an intentional electronic, written, verbal or physical act or series of acts directed at another student or students, which occurs in a school setting, that is severe, persistent or pervasive and has the effect of doing any of the following:[1]

Substantially interfering with a student’s education.
Creating a threatening environment related to school or school activities.
Substantially disrupting the orderly operation of the school.

Bullying, as defined in this policy, includes cyberbullying.

School setting means in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school.[1]

Authority

The Board prohibits all forms of bullying by district students.[1]

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

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

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

Title IX Sexual Harassment and Other Discrimination

Every report of alleged bullying that can be interpreted at the outset to fall within the provisions of policies addressing potential violations of laws against discrimination shall be handled as a joint, concurrent investigation into all allegations and coordinated with the full participation of the Compliance Officer and Title IX Coordinator. If, in the course of a bullying investigation, potential issues of discrimination are identified, the Title IX Coordinator shall be promptly notified, and the investigation shall be conducted jointly and concurrently to address the issues of alleged discrimination as well as the incidents of alleged bullying.[2][3]

Confidentiality

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

Retaliation

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

Delegation of Responsibility

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

The Superintendent or designee shall develop administrative regulations to implement this policy.

The Superintendent or designee shall ensure that this policy and administrative regulations are reviewed annually with students.[1]

The Superintendent or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board.[1]

District administration shall annually provide the following information with the Safe School Report:[1]

Board’s Bullying Policy.
Report of bullying incidents.
Information on the development and implementation of any bullying prevention, intervention or education programs.

Guidelines

The Code of Student Conduct, which shall contain this policy, shall be disseminated annually to students.[1][4][5]

This policy shall be accessible in every classroom. The policy shall be posted in a prominent location within each school building and on the district website.[1]

Education

The district may develop, implement and evaluate bullying prevention and intervention programs and activities. Programs and activities shall provide district staff and students with appropriate training for effectively responding to, intervening in and reporting incidents of bullying.[1][6][7][8]

Consequences for Violations

A student who violates this policy shall be subject to appropriate disciplinary action consistent with the Code of Student Conduct, which may include:[1][4][9]

Counseling within the school.
Parental conference.
Loss of school privileges.
Transfer to another school building, classroom or school bus.
Exclusion from school-sponsored activities.
Detention.
Suspension.
Expulsion.
Referral to law enforcement officials.

251 Homeless Students

Purpose

The Board recognizes the challenges encountered by students experiencing homelessness, foster care and other educational instability. The Board is committed to facilitating the immediate enrollment; eliminating barriers to the attendance, education and graduation; and providing additional supports in compliance with federal and state laws, regulations and Board policy, for such students.[1][2][3][4][5][6][7][8]

Authority

The Board directs the district to collaborate with school staff, other school districts, local agencies and other entities in supporting the needs of students experiencing educational instability.

The Board shall ensure that students experiencing educational instability have equal access to the same educational programs, activities and services provided to other district students.[1][2][3][4][5][6][7]

The Board authorizes the Superintendent to waive specific requirements in Board policies, procedures and administrative regulations to the extent that they create barriers for the enrollment and attendance of students experiencing educational instability. Such waivers include, but are not limited to, requirements regarding:[1][2][3][4][5][6][7]

Dress code.[9]
Transportation.[10]
School-sponsored or extracurricular activities for which students meet placement and qualification requirements, including, but not limited to, clubs, athletics, performing arts, class trips, social events, career and technical education, internships and specialized classes.[11][12][13][14][15][16][17]
Fees related to school-sponsored or extracurricular activity participation fees, and other fees including, but not limited to, school identification (badges, cards, etc.), uniforms, materials, lost or damaged items, athletic physical exams, parking or driving, food services, library, locker or padlock rental or replacement, summer school or credit recovery, technology and graduation regalia.[9][13][14][15][18][19][20][21][22]
Graduation.[19]
Registration deadlines.

It is the policy of the Board that no student shall be discriminated against, segregated or stigmatized based on their status as a student experiencing educational instability.

Definitions

Student Experiencing Educational Instability means a student who has experienced one (1) or more changes in school enrollment during a single school year due to any of the following:[4]

Homelessness.[1][3][7]
An adjudication of:[23][24]
1. Dependency relating to child protective services and juvenile matters;
2. Delinquency, if disclosed by the student’s parent/guardian; or
3. As part of court-ordered services under a voluntary placement or custody agreement.

A student experiencing foster care may also qualify as a student experiencing educational instability as defined above, if such circumstances apply.[25]

Enroll or Enrollment means attending classes and participating fully in school activities.[26]

Additional costs means the difference between what the district spends to transport a resident student to the student’s assigned school and the cost to transport a child in foster care to the child’s school of origin.

Foster care means twenty-four (24) hour substitute care for children placed away from their parents or guardians and for whom the child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions and pre-adoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the state, tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption or whether there is federal matching of any payments that are made.[25]

Homeless children and youths means individuals who lack a fixed, regular and adequate nighttime residence, and includes:[26]

Children and youths who are:
1. Sharing the housing of other persons due to loss of housing, economic hardship or a similar reason;
2. Living in motels, hotels, trailer parks or camping grounds due to lack of alternative adequate accommodations;
3. Living in emergency, transitional or domestic violence shelters; or
4. Abandoned in hospitals;
Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings;
Migratory children who qualify as homeless because they are living in circumstances described above; and
School-aged parents living in houses for school-aged parents if they have no other available living accommodations.

School of origin is the school in which the student experiencing educational instability was last enrolled.

The school of origin for a homeless child or youth - the last school in which the homeless child or youth was enrolled when permanently housed or the school in which the homeless child or youth was last enrolled, including preschool.[27]
The school of origin for a child in foster care - 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 is the school the child is attending immediately prior to each change in placement.[8]
When the homeless child or youth, or child in foster care, completes the final grade level served by the school of origin, the school of origin shall become the designated receiving school at the next grade level for all feeder schools.

Unaccompanied youth means a homeless child or youth not in the physical custody of a parent or guardian. This includes youth who have run away from home; been abandoned or forced out of home by a parent, guardian or other caretaker; or separated from a parent or guardian for any other reason.[26]

Delegation of Responsibility

The Board designates the Director of Pupil Services to serve as the district's point of contact for students experiencing educational instability.[4][5][27]

The name and contact information of the district’s point of contact shall be included in the student’s education records and provided to the student’s education decision maker.[4]

The district's point of contact shall ensure outreach and coordination with the following, as appropriate to each individual student's needs:[4][5][27]

Local children and youth agency to:
1. Establish formal mechanisms to ensure that the district is promptly notified when a child enters foster care or changes foster care placements;
2. Develop a protocol on how to make best interest determinations; and
3. Develop and coordinate transportation procedures.
Other local service agencies and entities that provide services to students experiencing educational instability.
Other school districts on issues of prompt identification, transfer of records, transportation and other inter-district activities.
District staff responsible for the provision of services under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act.[11][28]
State and local housing agencies responsible for comprehensive housing affordability strategies.

The district’s point of contact, in consultation with the school counselor, school social worker, home and school visitor or school psychologist and the student’s Individualized Education Program (IEP) team or Section 504 Team, shall:[4]

Facilitate the student’s expedited consultation with the school counselor or other mental health professionals, as appropriate.
Facilitate the prompt placement of the student in appropriate courses.
Connect the student with educational services that meet the student’s specific needs.
Immediately request the prior school entity, county agency and the student’s education decision maker to provide the complete student information and records, including an IEP or Section 504 service agreement, if applicable. Within ten (10) business days, the prior school entity located within Pennsylvania, including schools with residential placements, shall provide the requested information and records to ensure proper transfer of course credits, grades and an IEP or Section 504 service agreement, if applicable.
Develop and execute a graduation plan in collaboration with the student in grades nine (9) through twelve (12). The graduation plan shall be customized to meet the specific needs of the student and shall detail the courses necessary for on-time graduation and transition to postsecondary education or the workforce. The graduation plan shall be included in the student’s education records.

Additional Responsibilities to Support Homeless Students -

The district's point of contact shall ensure that public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents/guardians of homeless children and youths, and unaccompanied youths, including schools, shelters, public libraries and soup kitchens. Such notice shall be provided in a manner and form understandable to the parents/guardians of homeless children and youths, and unaccompanied youths.[27]

The district's point of contact shall provide reliable, valid and comprehensive data to the Coordinator of Pennsylvania's Education for Children and Youth Experiencing Homelessness (ECYEH) Program in accordance with federal and state laws and regulations.[27]

Training

The district’s point of contact shall provide professional development and training to school staff on the education needs of students experiencing educational instability.

Additional Training to Support Homeless Students -

The district's point of contact shall participate in professional development programs and other technical assistance activities offered by the Coordinator of Pennsylvania's Education for Children and Youth Experiencing Homelessness Program.[27]

The district's point of contact shall arrange professional development programs for school staff, including office staff.[27]

School personnel providing services to homeless children and youths, including school enrollment staff, shall receive professional development and support to:[27]

Improve identification of homeless children and youths and unaccompanied youths;
Understand the rights of such children, including requirements for immediate enrollment and transportation; and
Heighten the awareness of, and capacity to respond to, the educational needs of such children.

Guidelines

Students enrolled in this district experiencing educational instability shall be provided support and services, as appropriate to each individual student’s needs, in accordance with Board policy.[4]

Minimal documentation shall be required for a student experiencing educational instability to qualify for supports and services. Information used to determine that a student is experiencing educational instability may be confirmed verbally, in writing or by another manner by shelter providers, outreach workers, case managers, juvenile probation officers and others.

Parents/Guardians and students have the authority to determine what information shall be shared with the district.

Information related to the student’s educational instability status shall be confidential and disclosed by the point of contact or other administrators only to other school staff who have a legitimate need to know unless authorized by the student or parent/guardian.[29][30]

Enrollment

Except when an unaccompanied youth or the parents/guardians of a homeless youth request otherwise, it shall be presumed that a student experiencing educational instability shall continue to be enrolled in their school of origin unless it is determined that it is not in the student’s best interest to remain in the school of origin.[5][27]

In accordance with the homeless child's or youth's best interest, the district shall continue to enroll a homeless student in the student's school of origin within the district while the student remains homeless and through the end of the academic year in which the student obtains permanent housing.[27]

An unaccompanied youth or the parents/guardians of a homeless student may request enrollment in any grade-appropriate school within the district regardless of the district attendance area where the student is actually living or a school of origin in another district.[27]

The district's point of contact shall assist an unaccompanied youth in placement or enrollment decisions, giving priority to the views of the student in determining where the student will be enrolled.[27]

Best Interest Determination -

The best interest determination shall be made in accordance with federal and state laws and regulations, court orders and established local procedures.

In making a best interest determination, the district shall:[5][27]

In the case of a homeless child or unaccompanied youth, give priority to the request of the parent/guardian or unaccompanied youth.
Consider student-centered factors related to impact of mobility on achievement, education, appropriateness of the current educational setting, health and safety, and proximity to living arrangements including foster care placement.

The cost of transportation shall not be used as a factor in the best interest determination.

Documentation related to the best interest determination shall be maintained in the student’s education record.[29][30]

Timeliness of Enrollment -

When a school receives a student experiencing educational instability, the school shall immediately enroll the student and begin instruction, even if:[4][5][7][29][30][31][32][33][34][35]

The student is unable to produce records normally required for enrollment.[27][31]
The application or enrollment deadline has passed.[27][31][32]

The district's point of contact shall immediately contact the school last attended by the student to obtain relevant academic or other records.[27]

The district may require a parent/guardian to submit contact information.

Grade Level Assignment -

If the district is unable to determine the student's grade level due to missing or incomplete records, the district may administer tests or utilize appropriate means to determine the student's assignment within the school.[36]

Dispute Resolution

If a dispute involving a student experiencing educational instability arises, the concern shall be addressed and/or resolved at the lowest appropriate level in accordance with Board policy, unless otherwise stated below.[37]

Dispute Resolution for Homeless Students -

If the district determines that it is not in the student’s best interest to attend the school of origin or the school requested by the unaccompanied youth or parent/guardian, the district shall provide the unaccompanied youth or parent/guardian with a written explanation of the reasons for its determination. The explanation shall be in a manner and form understandable to the unaccompanied youth or parent/guardian and shall include information regarding the right to appeal.[27]

If a dispute arises over eligibility, enrollment or school selection:[27]

The parent/guardian or unaccompanied youth shall be referred to the district's point of contact, who shall assist in the dispute resolution process.
The student shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals.
The district's point of contact shall issue a written decision of the dispute within twenty (20) business days of being notified of the dispute.

A parent/guardian or unaccompanied youth may file a complaint with the Coordinator of Pennsylvania's Education for Children and Youth Experiencing Homelessness Program.

Dispute Resolution for Students in Foster Care -

If a dispute arises over the appropriate school placement for a child in foster care, to the extent feasible and appropriate, the child shall remain in their school of origin, pending resolution of the dispute.[2][38]

Students Discharged From Foster Care

A student who has been discharged from foster care may be permitted to finish the semester in this district, if appropriate, without payment of tuition. The board shall not be responsible for transportation to or from school for any student discharged from Foster Care residing outside school district boundaries.

Education Records

Information about a student's educational instability shall be treated as a student education record subject to the protections of the Family Educational Rights and Privacy Act (FERPA), and shall not be deemed to be directory information.[29][30][39]

The district may disclose personally identifiable information from the education records of a student without written consent of the parent/guardian or the eligible student if the disclosure is:[29][30][39]

To comply with a court order authorizing the disclosure of education records in a case where a parent is a party to a proceeding involving child abuse or neglect or a dependency matter.
To an agency caseworker or other representative of a state or local child welfare agency, or tribal organization, who has the right to access a student’s case plan, as defined and determined by the state or tribal organization, when such agency or organization is legally responsible, in accordance with state or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student’s education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the state or tribal laws applicable to protecting the confidentiality of a student’s education records.

Comparable Services

Students experiencing educational instability shall be provided services comparable to those offered to other district students including, but not limited to:[3][27][40]

Transportation services.[10]
School nutrition programs.[21]
Career and technical education.[12]
Educational programs for which the student meets the eligibility criteria, such as:
1. Services provided under Title I or similar state or local programs.[41]
2. Programs for English Learners.[42]
3. Programs for students with disabilities.[11]
4. Programs for gifted and talented students.[16]

Transportation for Homeless Students -

The district shall provide transportation for homeless students to their school of origin or the school they choose to attend within the district.[3][10][27]

If the school of origin is outside district boundaries or homeless students live in another district but will attend their school of origin in this district, the school districts shall agree upon a method to apportion the responsibility and costs of the transportation.[27]

Transportation for Students in Foster Care –

The district shall ensure that children in foster care needing transportation to their school of origin promptly receive transportation in a cost-effective manner.[6][10]

To ensure that transportation for children in foster care to their school of origin is provided, arranged, and funded, the district shall collaborate with the local children and youth agency to develop a local transportation plan.[6]

The transportation plan shall address the following:[6]

The procedure the district and local children and youth agency will follow to provide transportation for children in foster care in a cost-effective manner and in accordance with applicable law.[8]
How transportation costs will be covered if additional costs are incurred. Options include:
1. The local children and youth agency agrees to reimburse the district;
2. The district agrees to pay for the cost;[6]
3. The district and the local children and youth agency agree to share the costs; or
4. The district of origin, the district of foster residence, and the placing children and youth agency agree to share the costs.
Dispute resolution procedures to ensure that any disagreements regarding the cost of transportation are resolved promptly and fairly, and do not impact a student’s ability to remain in the school of origin during the dispute resolution process.

The district shall submit the local transportation plan, including any updates or revisions, to the Pennsylvania Department of Education.

Transportation shall be provided to children in foster care in accordance with the local transportation plan regardless of whether transportation is provided to district students.

Course Credit and Graduation

The district shall ensure that each student experiencing educational instability in grades nine (9) through twelve (12) is provided with a graduation plan to facilitate the student’s timely graduation. The graduation plan shall specify the courses and other requirements necessary for the student to graduate. The district’s efforts to ensure that the student experiencing educational instability graduates in a timely manner may include:[4][5][6]

Waiving a specific course required for graduation if similar coursework has been satisfactorily completed in another school entity or the student has demonstrated competency in that content area. Evidence as to whether coursework has been satisfactorily completed and the amount of full or partial credit assigned, may be determined through any of the following:[4][19]
1. Competency demonstration, which could include, but is not limited to:
  1. Submission of an essay, presentation or project.
  2. Recognition that the student has already successfully completed a higher-level course, an experiential learning opportunity or internship that demonstrates competence in the content area.
2. Performance on an examination.
3. Successful completion of a career and technical education course.
4. Other evidence or method determined appropriate by the district.
If a specific course requirement cannot be waived, the district shall provide an alternative or modified course of study that is currently offered to students and that will assist the student with acquiring the required work or competency requirements by the anticipated graduation date.
If, after considering full and partial course credits, waiving courses or providing alternative courses of study, the district determines that the student meets the established graduation requirements, the student shall be allowed to participate in the graduation ceremony and graduate with their peers.

If the student is determined not eligible for graduation, the district may request a high school diploma from the prior school entity. The prior school entity may issue a diploma if the student meets the prior school entity’s graduation requirements.

Keystone Diploma –

In any school year for which demonstration of proficiency on a Keystone exam is required for graduation, a student who has successfully satisfied the graduation requirements may obtain a secondary school diploma known as the Keystone Diploma from the PA Department of Education, if both of the following provisions apply:[4][43]

All other graduation options have been exhausted.
The student is unable to obtain a diploma from the student’s prior or receiving school entity.

The district’s point of contact shall assist the student in determining the student’s eligibility for a Keystone Diploma and, if eligible, obtaining the Keystone Diploma from the PA Department of Education.[4][43]

Students with Disabilities –

Students experiencing educational instability who have an IEP shall maintain the right to special education and the right to graduate either through attainment of credits or through the completion of the goals established in their IEP.[11][19]

Students with an IEP may elect to remain in school until age twenty-one (21) even if the district determines there is an earlier pathway to graduation. Such students may participate in the graduation ceremony with their current graduating class, even if the student elected to remain in school.[19]

806 Child Abuse

Authority

The Board requires district employees, independent contractors and volunteers to comply with identification and reporting requirements for suspected child abuse, as well as the training requirement for recognition and reporting of child abuse in order to comply with the Child Protective Services Law and the School Code.[1][2][3][4]

Definitions

The following words and phrases, when used in this policy, shall have the meaning given to them in this section:

Adult - an individual eighteen (18) years of age or older.[5]

Bodily injury - impairment of physical condition or substantial pain.[5]

Certifications - refers to the child abuse history clearance statement and state and federal criminal history background checks required by the Child Protective Services Law and/or the School Code.[6][7]

Child - an individual under eighteen (18) years of age.[5]

Child abuse - intentionally, knowingly or recklessly doing any of the following:[5]

Causing bodily injury to a child through any recent act or failure to act.
Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
Causing sexual abuse or exploitation of a child through any act or failure to act.
Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
Causing serious physical neglect of a child.
Engaging in any of the following recent acts:
1. Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child.
2. Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.
3. Forcefully shaking a child under one (1) year of age.
4. Forcefully slapping or otherwise striking a child under one (1) year of age.
5. Interfering with the breathing of a child.
6. Causing a child to be present during the operation of methamphetamine laboratory, provided that the violation is being investigated by law enforcement.[8]
7. Leaving a child unsupervised with an individual, other than the child's parent, who the actor knows or reasonably should have known was required to register as a Tier II or Tier III sexual offender, has to register for life, or has been determined to be a sexually violent predator or sexually violent delinquent.[9][10][11][12]
Causing the death of the child through any act or failure to act.
Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined in the law.[13]

The term child abuse does not include physical contact with a child that is involved in normal participation in physical education, athletic, extracurricular or recreational activities. Also excluded from the meaning of the term child abuse is the use of reasonable force by a person responsible for the welfare of a child for purposes of supervision, control or safety, provided that the use of force:

Constitutes incidental, minor or reasonable physical contact in order to maintain order and control;
Is necessary to quell a disturbance or remove a child from the scene of a disturbance that threatens property damage or injury to persons;
Is necessary for self-defense or defense of another;
Is necessary to prevent the child from self-inflicted physical harm; or
Is necessary to gain possession of weapons, controlled substances or other dangerous objects that are on the person of the child or in the child’s control.

Direct contact with children - the possibility of care, supervision, guidance or control of children or routine interaction with children.[1]

Independent contractor - an individual other than a school employee who provides a program, activity or service who is otherwise responsible for the care, supervision, guidance or control of children pursuant to a contract. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children.[5][14]

Perpetrator - a person who has committed child abuse and is a parent/guardian of the child; a spouse or former spouse of the child's parent/guardian; a paramour or former paramour of the child's parent/guardian; an individual fourteen (14) years of age or older who is responsible for the child’s welfare or who has direct contact with children as an employee of child-care services, a school or through a program activity or service; an individual fourteen (14) years of age or older who resides in the same home as the child; or an adult who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child; or an adult who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined in the law. Only the following may be considered a perpetrator solely based upon a failure to act: a parent/guardian of the child; a spouse or former spouse of the child's parent/guardian; a paramour or former paramour of the child's parent/guardian; an adult responsible for the child’s welfare; or an adult who resides in the same home as the child.[5][13]

Person responsible for the child's welfare - a person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.[5]

Program, activity or service - any of the following in which children participate and which is sponsored by a school or a public or private organization:[5]

A youth camp or program.
A recreational camp or program.
A sports or athletic program.
A community or social outreach program.
An enrichment or educational program.
A troop, club or similar organization.

Recent act or failure to act - any act or failure to act committed within two (2) years of the date of the report to the Department of Human Services of the Commonwealth or county agency.[5]

Routine interaction - regular and repeated contact that is integral to a person’s employment or volunteer responsibilities.[5]

School employee - an individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children.[5]

Serious mental injury - a psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:[5]

Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.

Serious physical neglect - any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning:[5]

A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities.
The failure to provide a child with adequate essentials of life, including food, shelter or medical care.

Sexual abuse or exploitation - any of the following:[5]

The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following:
1. Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.
2. Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.
3. Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
4. Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.

The conduct described above does not include consensual activities between a child who is fourteen (14) years of age or older and another person who is fourteen (14) years of age or older and whose age is within four (4) years of the child's age.

Any of the following offenses committed against a child: rape; statutory sexual assault; involuntary deviate sexual intercourse; sexual assault; institutional sexual assault; aggravated indecent assault; indecent assault; indecent exposure; incest; prostitution; sexual abuse; unlawful contact with a minor; or sexual exploitation.

Student - an individual enrolled in a district school under eighteen (18) years of age.[5]

Volunteer - an unpaid adult individual, who, on the basis of the individual’s role as an integral part of a regularly scheduled program, activity or service is a person responsible for the child’s welfare or has direct contact with children.[14]

Delegation of Responsibility

The Superintendent or designee shall:

Require each candidate for employment to submit an official child abuse clearance statement and state and federal criminal history background checks (certifications) as required by law.[6][7][15][16][17][18]
Require each applicant for transfer or reassignment to submit the required certifications unless the applicant is applying for a transfer from one position as a district employee to another position as a district employee of this district and the applicant’s certifications are current.[19][20][21]

School employees and independent contractors shall obtain and submit new certifications every sixty (60) months.[20]

Certification requirements for volunteers are addressed separately in Board Policy 916.[22]

The Superintendent or designee shall annually notify district staff, independent contractors, and volunteers of their responsibility for reporting child abuse in accordance with Board policy and administrative regulations.

The Director of Pupil Services shall ensure that the poster, developed by the PA Department of Education, displaying the statewide toll-free telephone numbers for reporting suspected child abuse, neglect and school safety issues be posted in a high-traffic, public area of each school. The designated area shall be readily accessible and widely used by students.[23]

The Superintendent or designee shall annually inform students, parents/guardians, independent contractors, volunteers and staff regarding the contents of this Board policy.

Guidelines

Aiding and Abetting Sexual Abuse

School employees, acting in an official capacity for this district, are prohibited from assisting another school employee, contractor or agent in obtaining a new job if the school employee knows, or has probable cause to believe, that such school employee, contractor or agent engaged in sexual misconduct regarding a minor or student.[15][16][17][18][21][24][25][26][27]

This prohibition applies only to assistance that extends beyond performance of normal processing of personnel matters including routine transmission of files or other information. This prohibition shall not apply if:[25]

The relevant information has been properly reported to law enforcement officials and any other authority required by federal, state or local law and the matter has been officially closed or the prosecutor or law enforcement officials notified school officials that there is insufficient information to establish probable cause.
The school employee, contractor or agent has been acquitted or otherwise exonerated of the alleged misconduct.
The case or investigation remains open and no charges have been filed against, or indictment of, the school employee, contractor or agent within four (4) years of the date on which the information was reported to the law enforcement agency.

Training

The school district, and independent contractors of the school district, shall provide their employees who have direct contact with children with mandatory training on child abuse recognition and reporting. The training shall include, but not be limited to, the following topics:[1][3][4][26]

Recognition of the signs of abuse and sexual misconduct and reporting requirements for suspected abuse and sexual misconduct.
Provisions of the Educator Discipline Act, including mandatory reporting requirements.[26][28]
District policy related to reporting of suspected abuse and sexual misconduct.
Maintenance of professional and appropriate relationships with students.[27]

Employees are required to complete a minimum of three (3) hours of training every five (5) years.[1]

Duty to Report

School employees, independent contractors and volunteers shall make a report of suspected child abuse if they have reasonable cause to suspect that a child is the victim of child abuse under any of the following circumstances:[14]

The school employee, independent contractor or volunteer comes into contact with the child in the course of employment, occupation and the practice of a profession or through a regularly scheduled program, activity or service.
The school employee, independent contractor or volunteer is directly responsible for the care, supervision, guidance or training of the child.
A person makes a specific disclosure to a school employee, independent contractor or volunteer that an identifiable child is the victim of child abuse.
An individual fourteen (14) years of age or older makes a specific disclosure to a school employee, independent contractor or volunteer that s/he has committed child abuse.

A child is not required to come before the school employee, independent contractor or volunteer in order for that individual to make a report of suspected child abuse.[14]

A report of suspected child abuse does not require the identification of the person responsible for the child abuse.[14]

Any person who, in good faith, makes a report of suspected child abuse, regardless of whether the report is required, cooperates with an investigation, testifies in a proceeding, or engages in other action authorized by law shall have immunity from civil and criminal liability related to those actions.[29]

Any person required to report child abuse who willfully fails to do so may be subject to disciplinary action and criminal prosecution.[30]

Any person who intentionally or knowingly makes a false report of child abuse or intentionally or knowingly induces a child to make a false claim of child abuse may be subject to disciplinary action and criminal prosecution.[31]

Any person who engages in intimidation, retaliation, or obstruction in the making of a child abuse report or the conducting of an investigation into suspected child abuse may be subject to disciplinary action and criminal prosecution.[32]

The district shall not discriminate or retaliate against any person for making, in good faith, a report of suspected child abuse.[33]

Reporting Procedures

School employees, independent contractors or volunteers who suspect child abuse shall immediately make a written report of suspected child abuse using electronic technologies (www.compass.state.pa.us/cwis) or an oral report via the statewide toll-free telephone number (1-800-932-0313). A person making an initial oral report of suspected child abuse must also submit a written electronic report within forty-eight (48) hours after the oral report. Upon receipt of an electronic report, the electronic reporting system will automatically respond with a confirmation, providing the district with a written record of the report.[14][34][35]

A school employee, independent contractor or volunteer who makes a report of suspected child abuse shall immediately, after making the initial report, notify the building principal or administrator and if the initial report was made electronically, also provide the building principal or administrator with a copy of the report confirmation. The building principal or administrator shall then immediately notify the Superintendent or designee that a child abuse report has been made and if the initial report was made electronically, also provide a copy of the report confirmation.[14][34][35]

When a report of suspected child abuse is made by a school employee, independent contractor or volunteer as required by law, the school district is not required to make more than one (1) report. An individual otherwise required to make a report who is aware that an initial report has already been made by a school employee, independent contractor or volunteer is not required to make an additional report. The person making an initial oral report is responsible for making the follow-up written electronic report within forty-eight (48) hours, and shall provide the building principal or administrator with a copy of the report confirmation promptly after the written electronic report has been filed. The building principal or administrator shall in turn provide a copy of the report confirmation to the Superintendent or designee.[14][34][35]

If the Superintendent or designee reasonably suspects that conduct being reported involves an incident required to be reported under the Safe Schools Act, the Superintendent or designee shall inform local law enforcement, in accordance with applicable law, regulations and Board policy.[36][37][38][39][40][41]

Investigation

The building principal or administrator shall facilitate the cooperation with the Department of Human Services of the Commonwealth or the county agency investigating a report of suspected child abuse, including permitting authorized personnel to interview the child while in attendance at school.[14][42]

Upon notification that an investigation involves suspected child abuse by a school employee, the building principal or administrator shall immediately implement a plan of supervision or alternative arrangement that has been approved by the Superintendent for the school employee under investigation. The plan of supervision or alternative arrangement shall be submitted to the county agency for approval.[43]

808 Food Services

Purpose

The Board recognizes that students require adequate, nourishing food and beverages in order to grow, learn and maintain good health. The Board directs that students shall be provided with adequate space and time to eat meals during the school day.

Authority

The food service program shall be operated in compliance with all applicable state and federal laws and regulations, as well as federal guidelines established by the Child Nutrition Division of the United States Department of Agriculture (USDA).[1][2][3][4][5][6][7][8][9][10]

The district shall ensure that, in the operation of the food service program, no student, staff member or other individual shall be discriminated against on the basis of race, color, national origin, age, sex or disability.[11][12]

Food sold by the school may be purchased by students and district employees but only for consumption on school premises. The price charged to students shall be established annually by the district in compliance with state and federal laws.[4][13]

Nonprogram food shall be priced to generate sufficient revenues to cover the cost of such items. A nonprogram food shall be defined as a food or beverage, other than a reimbursable meal or snack, that is sold at the school and is purchased using funds from the child nutrition account. Nonprogram foods include but are not limited to adult meals and a-la-carte items. All revenue from the sale of nonprogram food shall accrue to the child nutrition program account.[13][14]

Delegation of Responsibility

Operation and supervision of the food service program shall be the responsibility of the Food Services Director.

The individual responsible for the operation and supervision of the food service program shall present to the Board each month for its approval a statement of receipts and expenditures for cafeteria funds.[4]

Cafeterias shall be operated on a nonprofit basis. A periodic review of the cafeteria accounts shall be made by the Business Manager.[3][4]

The individual responsible for the operation and supervision of the food service program shall ensure that school meals meet the standards required by the School Breakfast Program, the National School Lunch Program and the Special Milk Program.[2][3][4][6][7][8][9][10]

The Superintendent or designee shall comply with state and federal requirements for conducting cafeteria health and safety inspections and ensuring employee participation in appropriate inspection services and training programs.[15][16][17][18]

The Superintendent or designee shall develop and disseminate administrative regulations to implement this policy.

The Superintendent or designee shall annually notify students, parents/guardians and employees concerning the contents of this policy and applicable administrative regulations. Notification shall include information related to nondiscrimination.[12]

Guidelines

To reinforce the district's commitment to nutrition and student wellness, foods served in school cafeterias shall:[19]

Be carefully selected to contribute to students' nutritional well-being and health.
Meet the nutrition standards specified in law and regulations and approved by the Board.
Be prepared by methods that will retain nutritive quality, appeal to students and foster lifelong healthy eating habits.
Be served in age-appropriate quantities, at reasonable prices.

The district shall use USDA Foods for school menus available under the Child Nutrition USDA Foods Programs.

All funds derived from the operation, maintenance or sponsorship of the food service program shall be deposited in the separate cafeteria fund, in the same manner as other district funds. Such funds shall be expended in the manner approved and directed by the Board, but no amount shall be transferred from the cafeteria fund to any other account or fund; however, district advances to the food service program may be returned to the district's general fund from any surplus resulting from its operation.[4]

Surplus accounts shall be used only for the improvement and maintenance of the cafeteria.[4]

Free/Reduced-Price School Meals and Free Milk

The district shall provide free and reduced-price school meals and/or free milk to students in accordance with the terms and conditions of the National School Lunch Program, the School Breakfast Program and the Special Milk Program.[20][21]

The district shall conduct direct certification three (3) times per year using the Pennsylvania Student Eligibility System (PA-SES) to identify students who are eligible for free school meal benefits without the need for submission of a household application. Direct certification shall be conducted:[20][21]

At or around the beginning of the school year.
Three (3) months after the initial effort.
Six (6) months after the initial effort.

The district may also conduct direct certification on a weekly or monthly basis.

Accommodating Students With Special Dietary Needs

The district shall make appropriate food service and/or meal accommodations to students with special dietary needs in accordance with applicable law, regulations and Board policy.[22][23][24][25]

School Meal Service and Accounts

To ensure the effective operation of the district's food service program and delivery of school food program meals to students, the district shall:

Assign individual school meal accounts to each student for the purchase of meals served in school cafeterias, which ensure that the identity of each student is protected.
Notify parents/guardians when the student's school meal account reaches a low balance.
Notify parents/guardians when the student's school meal account reaches a negative balance. The notice shall include information on payment options.
Provide a school food program meal to each student who does not have the money to pay for the school food program meal or who has a negative balance in their school meal account, except when the student's parent/guardian has specifically provided written notice to the district to withhold a school food program meal.[3]

When a student owes money for five (5) or more school food program meals, the district shall make at least two (2) attempts to contact the student's parent/guardian and shall provide the application for free/reduced-price school meal benefits to the parent/guardian to apply for benefits under federal school meal programs. The district shall offer assistance to parents/guardians with applying for free/reduced-price school meal benefits.[3][20][21]

Communications regarding a low balance or money owed by a student for school meals shall be made to the student's parent/guardian.[3]

School staff may communicate a low balance or money owed by a student for school meals to a student in grades 9-12; such communication shall be made to the individual student in a discreet manner.[3]

The district shall be permitted to contact the student's parent/guardian by means of a letter addressed to the parent/guardian that is delivered by the student.[3]

District schools shall be prohibited from:[3]

Publicly identifying or stigmatizing a student who cannot pay for a school food program meal or who has a negative school meal account balance. It shall not constitute public identification or stigmatization of a student for a school to restrict privileges and activities of students who owe money for school meals if those same restrictions apply to students who owe money for other school-related purposes.
Requiring a student who cannot pay for a school food program meal to perform chores or other work to pay for the meal, unless chores or other work are required of all students regardless of their ability or inability to pay for a school food program meal.
Requiring a student or school staff to discard a school food program meal after it was served to the student due to the student's inability to pay for the meal or due to a negative school meal account balance.

This policy and any applicable procedures or administrative regulations regarding school meal charges and school meal accounts shall be communicated annually to school administrators, school food service personnel, other appropriate school staff and contracted food service personnel.

The district shall provide parents/guardians with a written copy of this policy and any applicable procedures or administrative regulations at the start of each school year, when a student enrolls in school after the start of the school year and when a parent/guardian is notified of a negative school meal account balance.

The district shall annually inform parents/guardians, students and staff about the contents of this policy and any applicable procedures via the district website, student handbooks, newsletters, posted notices and/or other efficient communication methods.

Collection of Unpaid Meal Charges

Reasonable efforts shall be made by the district to collect unpaid meal charges from parents/guardians. Efforts taken in the collection shall not have a negative impact on the student involved, but shall focus primarily on the parents/guardians responsible for providing funds for meal purchases.

Procurement

Procurement of goods or services for the food service program shall meet the requirements of applicable law, regulations and Board policy and procedures.[26][27][28]

Professional Standards for Food Service Personnel

The district shall comply with the professional standards for school food service personnel who manage and operate the National School Lunch and School Breakfast Programs. For purposes of this policy, professional standards include hiring standards for new food service program directors and annual continuing education/training for all individuals involved in the operation and administration of school meal programs. Such professional standards shall apply to both district-operated food service programs and contracted food service programs.[6][7][18][29]

School Food Safety Inspections

The district shall obtain two (2) safety inspections per year in accordance with local, state, and federal laws and regulations.[16][17][30]

The district shall post the most recent inspection report and release a copy of the report to members of the public, upon request.

School Food Safety Program

The district shall comply with federal requirements in developing a food safety program that enables district schools to take systematic action to prevent or minimize the risk of foodborne illness among students.[8][10][16]

The district shall maintain proper sanitation and health standards in food storage, preparation and service, in accordance with applicable state and local laws and regulations and federal food safety requirements.[17][30][31]

810.2 Transportation - Video/Audio Recording

Purpose

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

Definitions

School bus means a motor vehicle that is designed to carry eleven (11) passengers or more, including the driver, and is used for the transportation of preprimary, primary or secondary school students to or from public, private or parochial schools or events related to such schools or school-related activities.[1]

School vehicle means a motor vehicle, except a motorcycle, designed for carrying no more than ten (10) passengers, including the driver, and used for the transportation of preprimary, primary or secondary school students while registered by or under contract to the school district. The term includes vehicles having chartered, group and party rights under the Pennsylvania Public Utility Commission and used for the transportation of school children.[1]

Authority

The Board authorizes the use of video and audio recording on school buses and school vehicles for disciplinary and security purposes.[2]

The Board prohibits the use of audio recording on any school bus or school vehicle that is not being used for a school-related purpose.[2]

Delegation of Responsibility

The Board directs the Superintendent or designee to ensure that:

Each school bus and school vehicle that is equipped with video and audio recording equipment contains a clearly posted notice informing drivers and passengers of the potential for video and audio recording.[2]
This policy is published on the district's publicly accessible website.[2][3]
Each school year, this policy will be communicated in the student handbook and in any other district publication that sets forth the comprehensive rules, procedures and standards of conduct.[2]

Guidelines

The district shall comply with the provisions of federal and state laws and regulations regarding student record requirements as applicable to the district’s use and disclosure of recordings. Recordings considered part of a student’s educational record shall be maintained in accordance with established student record procedures governing access, review and disclosure of student records.[4][5]

815 Acceptable Use of Internet, Computers and Network Resources

Purpose

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

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

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

Definitions

The term Electronic Communications includes but is not limited to: phone calls, emails, computer networks, social media, texting and other instant messages.

The term child pornography is defined under both federal and state law.

Child pornography - under federal law, is any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:[17]

The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Child pornography - under state law, is any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of eighteen (18) years engaging in a prohibited sexual act or in the simulation of such act.[18]

The term harmful to minors is defined under both federal and state law.

Harmful to minors - under federal law, is any picture, image, graphic image file or other visual depiction that:[1][2]

Taken as a whole, with respect to minors, appeals to a prurient interest in nudity, sex or excretion;
Depicts, describes or represents in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
Taken as a whole lacks serious literary, artistic, political or scientific value as to minors

Harmful to minors - under state law, is any depiction or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

[19]

Predominantly appeals to the prurient, shameful, or morbid interest of minors;
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
Taken as a whole lacks serious literary, artistic, political, educational or scientific value for minors.

Obscene - any material or performance, if:[19]

The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
The subject matter depicts or describes in a patently offensive way, sexual conduct described in the law to be obscene; and
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

Technology protection measure - a specific technology that blocks or filters Internet access to visual depictions that are obscene, child pornography or harmful to minors.[2]

Authority

The availability of access to electronic information does not imply endorsement by the district of the content, nor does the district guarantee the accuracy of information received. The district shall not be responsible for any information that may be lost, damaged or unavailable when using the network or for any information that is retrieved via the Internet.

The district shall not be responsible for any unauthorized charges or fees resulting from access to the Internet or other network resources.

The Board declares that computer and network use is a privilege, not a right. The district’s computer and network resources are the property of the district. Users shall have no expectation of privacy in anything they create, store, send, delete, receive or display on or over the district’s Internet, computers or network resources, including personal files or any use of the district’s Internet, computers or network resources. The district reserves the right to monitor, track, and log network access and use; monitor fileserver space utilization by district users; or deny access to prevent unauthorized, inappropriate or illegal activity and may revoke access privileges and/or administer appropriate disciplinary action. The district shall cooperate to the extent legally required with the Internet Service Provider (ISP), local, state and federal officials in any investigation concerning or related to the misuse of the district’s Internet, computers and network resources.[3][4][5]

The Board requires all users to fully comply with this policy and to immediately report any violations or suspicious activities to the Superintendent or designee.

The Board establishes the following materials, in addition to those stated in law and defined in this policy, that are inappropriate for access by minors:[2]

Defamatory.
Lewd, vulgar, or profane.
Threatening.
Harassing or discriminatory.[6][7][20]
Bullying.[8]
Terroristic.[9]

The district reserves the right to restrict access to any Internet sites or functions it deems inappropriate through established Board policy, or the use of software and/or online server blocking. Specifically, the district operates and enforces a technology protection measure(s) that blocks or filters access to inappropriate matter by minors on its computers used and accessible to adults and students. The technology protection measure shall be enforced during use of computers with Internet access.[1][2][10]

Upon request by students or staff, the Superintendent or designee shall expedite a review and may authorize the disabling of Internet blocking/filtering software to enable access to material that is blocked through technology protection measures but is not prohibited by this policy.[10]

Upon request by students or staff, building administrators may authorize the temporary disabling of Internet blocking/filtering software to enable access for bona fide research or for other lawful purposes. Written permission from the parent/guardian is required prior to disabling Internet blocking/filtering software for a student’s use. If a request for temporary disabling of Internet blocking/filtering software is denied, the requesting student or staff member may appeal the denial to the Superintendent or designee for expedited review.[1][11]

Delegation of Responsibility

The district shall make every effort to ensure that this resource is used responsibly by students and staff.

The district shall inform staff, students, parents/guardians and other users about this policy through employee and student handbooks, posting on the district website, and by other appropriate methods. A copy of this policy shall be provided to parents/guardians, upon written request.[10]

Users of district networks or district-owned equipment shall, prior to being given access or being issued equipment, sign user agreements acknowledging awareness of the provisions of this policy, and awareness that the district uses monitoring systems to monitor and detect inappropriate use and tracking systems to track and recover lost or stolen equipment.

Student user agreements shall also be signed by a parent/guardian.

Administrators, teachers and staff have a professional responsibility to work together to help students develop the intellectual skills necessary to discern among information sources, to identify information appropriate to their age and developmental levels, and to evaluate and use the information to meet their educational goals.

Students, staff and other authorized individuals have the responsibility to respect and protect the rights of every other user in the district and on the Internet.

Building administrators shall make initial determinations of whether inappropriate use has occurred.

The Superintendent or designee may be responsible for recommending technology and developing procedures used to determine whether the district's computers are being used for purposes prohibited by law or for accessing sexually explicit materials. The procedures shall include but not be limited to:[1][2][12]

Utilizing a technology protection measure that blocks or filters Internet access for minors and adults to certain visual depictions that are obscene, child pornography, harmful to minors with respect to use by minors, or determined inappropriate for use by minors by the Board.
Maintaining and securing a usage log.
Monitoring online activities of minors.

The Superintendent or designee shall develop and implement administrative regulations that ensure students are educated on network etiquette and other appropriate online behavior, including:[2]

Interaction with other individuals on social networking websites and in chat rooms.
Cyberbullying awareness and response.[8][13]

Guidelines

Network accounts shall be used only by the authorized owner of the account for its approved purpose. Network users shall respect the privacy of other users on the system.

Safety

It is the district’s goal to protect users of the network from harassment and unwanted or unsolicited electronic communications. Any network user who receives threatening or unwelcome electronic communications or inadvertently visits or accesses an inappropriate site shall report such immediately to a teacher or administrator. Network users shall not reveal personal information to other users on the network, including chat rooms, email, social networking websites, etc.

Internet safety measures shall effectively address the following:[2][12]

Control of access by minors to inappropriate matter on the Internet and World Wide Web.
Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications.
Prevention of unauthorized online access by minors, including "hacking" and other unlawful activities.
Unauthorized disclosure, use, and dissemination of personal information regarding minors.
Restriction of minors’ access to materials harmful to them.

Prohibitions

Users are expected to act in a responsible, ethical and legal manner in accordance with district policy, accepted rules of network etiquette, and federal and state law. Specifically, the following uses are prohibited:

Facilitating illegal activity.
Commercial or for-profit purposes.
Nonwork or nonschool related work.
Product advertisement or political lobbying.
Bullying/Cyberbullying.[8][13]
Hate mail, discriminatory remarks, and offensive or inflammatory communication.
Unauthorized or illegal installation, distribution, reproduction, or use of copyrighted materials.
Accessing, sending, receiving, transferring, viewing, sharing or downloading obscene, pornographic, lewd, or otherwise illegal materials, images or photographs.[14]
Access by students and minors to material that is harmful to minors or is determined inappropriate for minors in accordance with Board policy.
Inappropriate language or profanity.
Transmission of material likely to be offensive or objectionable to recipients.
Intentional obtaining or modifying of files, passwords, and data belonging to other users.
Impersonation of another user, anonymity, and pseudonyms.
Fraudulent copying, communications, or modification of materials in violation of copyright laws.[15]
Loading or using of unauthorized games, programs, files, or other electronic media.
Disruption of the work of other users.
Destruction, modification, abuse or unauthorized access to network hardware, software and files.
Accessing the Internet, district computers or other network resources without authorization.
Disabling or bypassing the Internet blocking/filtering software without authorization.
Accessing, sending, receiving, transferring, viewing, sharing or downloading confidential information without authorization.

21. Sending or receiving Electronic Communications between staff and students is prohibited on personal devices or accounts.

Security

System security is protected through the use of passwords. Failure to adequately protect or update passwords could result in unauthorized access to personal or district files. To protect the integrity of the system, these guidelines shall be followed:

Employees and students shall not reveal their passwords to another individual.
Users are not to use a computer that has been logged in under another student's or employee's name.
Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the network.

The illegal use of copyrighted materials is prohibited. Any data uploaded to or downloaded from the network shall be subject to fair use guidelines and applicable laws and regulations.[15][16]

District Website

The district shall establish and maintain a website and shall develop and modify its web pages to present information about the district under the direction of the Superintendent or designee. All users publishing content on the district website shall comply with this and other applicable district policies.

Users shall not copy or download information from the district website and disseminate such information on unauthorized web pages without authorization from the building principal.

Consequences for Inappropriate Use

The network user shall be responsible for damages to the equipment, systems, and software resulting from deliberate or willful acts.[10]

Illegal use of the network; intentional deletion or damage to files or data belonging to others; copyright violations; and theft of services shall be reported to the appropriate legal authorities for possible prosecution.

General rules for behavior and communications apply when using the Internet, in addition to the stipulations of this policy.

Vandalism shall result in loss of access privileges, disciplinary action, and/or legal proceedings. Vandalism is defined as any malicious attempt to harm or destroy data of another user, Internet or other networks; this includes but is not limited to uploading or creating computer viruses.

Failure to comply with this policy or inappropriate use of the Internet, district network or computers shall result in usage restrictions, loss of access privileges, disciplinary action, and/or legal proceedings.[3][4][5]

824 Maintaining Professional Adult/Student Boundaries

Authority

This policy applies to district employees, volunteers, student teachers, and independent contractors and

their employees who interact with students or are present on school grounds. For purposes of this

policy, such individuals are referred to collectively as Adults. The term Adults as used in this policy, does

not include district students who perform services on a volunteer or compensated basis.

All Adults shall be expected to maintain professional, moral and ethical relationships with district

students that are conducive to an effective, safe learning environment. This policy addresses a range of

behaviors that include not only obviously unlawful or improper interactions with students, but also

precursor grooming and other boundary-blurring behaviors that can lead to more egregious misconduct.

The Board directs that all Adults shall be informed of conduct that is prohibited and the disciplinary

actions that may be applied for violation of Board policies, administrative regulations, rules and

procedures.[1]

This policy is not intended to interfere with appropriate pre-existing personal relationships between and

among Adults, students and their families that exist independently of the district nor should it interfere

with participation in civic, religious or other outside organizations that include district students.

Definition

For purposes of this policy, legitimate educational reasons shall mean matters or communications

related to teaching, counseling, athletics, extracurricular activities, treatment of a student’s physical

injury or other medical needs, school administration or other purposes within the scope of the Adult’s

job or volunteer duties.

Delegation of Responsibility

The Superintendent or designee shall annually inform students, parents/guardians, and all Adults

regarding the contents of this Board policy through employee and student handbooks, posting on the

district website, and by other appropriate methods.

The building principal or designee shall be available to answer questions about behaviors or activities

that may violate professional boundaries as defined in this policy.

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Independent contractors doing business with the district shall ensure that their employees who have

interaction with students or are present on school grounds are informed of the provisions of this policy.

[2]

Guidelines

Adults shall establish and maintain appropriate personal boundaries with students and not engage in

any behavior that is prohibited by this policy or that creates the appearance of prohibited behavior.

Prohibited Conduct

Romantic or Sexual Relationships -

Adults shall be prohibited from dating, courting, or entering into or attempting to form a romantic or

sexual relationship with any student enrolled in the district, regardless of the student’s age. Students of

any age are not legally capable of consenting to romantic or sexual interactions with adults.[8][17]

Prohibited romantic or sexual interaction involving students includes, but is not limited to:

1. Sexual physical contact.

2. Romantic flirtation, propositions, or sexual remarks.

3. Sexual slurs, leering, epithets, sexual or derogatory comments.

4. Personal comments about a student’s body or appearance.

5. Sexual jokes, notes, stories, drawings, gestures or pictures.

6. Spreading sexual or romantic rumors.

7. Touching a student’s body or clothes in a sexual or intimate way.

8. Accepting massages, or offering or giving massages other than in the course of injury care

administered by an athletic trainer, or health care provider.

9. Restricting a student’s freedom of movement in a sexually intimidating or provocative manner.

10. Displaying or transmitting sexually suggestive objects, pictures, or depictions.

Social Interactions -

In order to maintain professional boundaries, Adults shall ensure that their interactions with students

are appropriate.

Examples of prohibited conduct that violates professional boundaries include, but are not limited to:

1. Disclosing personal, sexual, family, or employment concerns or other private matters to one or

more students.

2. Sending or exchanging notes, emails, or text messages or other communications of a personal

nature with a student.

3. Giving personal gifts, cards or letters to a student without written approval from the building

principal.

4. Touching students without a legitimate educational reason. (Reasons could include the need for

assistance when injured, a young child or student with special needs who may require assistance

with personal hygiene, appropriate coaching instruction, or appropriate music instruction).

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5. Singling out a particular student or students for personal attention or friendship beyond the

ordinary professional Adult-student relationship.

6. Taking a student out of class without a legitimate educational reason.

7. Being alone with a student behind closed doors without a legitimate educational reason.

8. Initiating or extending contact with a student beyond the school day or outside of class times

without a legitimate educational reason.

9. Sending or accompanying a student on personal errands.

10. Inviting a student to the Adult’s home, except for a bona fide group activity with a legitimate

educational purpose and with pre-administrative approval.

11. Going to a student’s home without a legitimate educational reason and without administrative

approval.

12. Taking a student on outings without prior notification to and approval from both the

parent/guardian and the building principal.

13. Giving a student a ride alone in a vehicle in a nonemergency situation without prior notification to

and approval from both the parent/guardian and the building principal.

14. Addressing students or permitting students to address Adults with personalized terms of

endearment, pet names, or otherwise in an overly familiar manner.

15. Sharing with a student any information about the Adult that would ordinarily be considered

personal or confidential, especially where the student might feel or be expected to maintain the

information in further confidentiality.

16. For Adults who are not guidance/counseling staff, psychologists, social workers or other adults

with designated responsibilities to counsel students, encouraging students to confide their

personal or family problems and/or relationships. If a student initiates such discussions, the

student should be referred to the appropriate school resource.

17. Furnishing alcohol, drugs or tobacco to a student or being present where any student is consuming

these substances.

18. Engaging in harassing or discriminatory conduct prohibited by other district policies or by state or

federal law and regulations.[3][4]

Electronic Communications -

For purposes of this policy, electronic communication shall mean a communication transmitted by means

of an electronic device including, but not limited to, a telephone, cellular telephone, computer, computer

network, personal data assistant or pager. Electronic communications include, but are not limited to,

emails, text messages, instant messages and communications made by means of an Internet website,

including social media and other networking websites.

As with other forms of communication, when communicating electronically, Adults shall maintain

professional boundaries with students.

Electronic communication with students shall be for legitimate educational reasons only.

District-provided email or, when available, other district-provided communication devices shall be used

when communicating electronically with students. The use of district-provided email or other districtprovided

communication devices shall be in accordance with district policies and procedures.[5]

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All electronic communications from coaches and advisors to team or club members shall be sent in a

single communication to all participating team or club members, and such group communication shall

include at least one additional staff member. Communications concerning an individual student’s

medical or academic privacy matters, shall be limited to the individual student and copied to the

building principal. In the case of sports teams under the direction of the Athletic Director, such medical

or academic communications shall also be copied to the Athletic Director.

Adults shall not follow or accept requests for current students to be friends or connections on personal

social networking sites and shall not create any networking site for communication with students other

than those provided by the district for this purpose, without the prior written approval of the building

principal.

Exceptions

An emergency situation or a legitimate educational reason may justify deviation from professional

boundaries set out in this policy. The Adult shall be prepared to articulate the reason for any deviation

from the requirements of this policy and must demonstrate that s/he has maintained an appropriate

relationship with the student.

Under no circumstance will an educational or other reason justify deviation from the "Romantic and

Sexual Relationships" section of this policy.

There will be circumstances where personal relationships develop between an Adult and a student’s

family, e.g. when their children become friends. This policy is not intended to interfere with such

relationships or to limit activities that are normally consistent with such relationships providing that

such relationships are appropriate. Adults are required to maintain professional boundaries appropriate

to the nature of the activity.

It is understood that many Adults are involved in various other roles in the community through

nondistrict-related civic, religious, athletic, scouting or other organizations and programs whose

participants may include district students. Such community involvement is commendable, and this

policy is not intended to interfere with or restrict an Adult’s ability to serve in those roles. However,

Adults are required to maintain professional boundaries appropriate to the nature of the activity with

regard to all youth with whom they interact in the course of their community involvement.

Reporting Inappropriate or Suspicious Conduct

Any person, including a student, who has concerns about or is uncomfortable with a relationship or

interaction between an Adult and a student, shall immediately notify the Superintendent, principal,

other administrator, or school counselor.[3]

All district employees, independent contractors and volunteers who have reasonable cause to suspect

that a child is the victim of child abuse, shall immediately report the suspected abuse, in accordance

with applicable law, regulations and Board policy.[6][7]

"Reports should be made by telephoning the Pennsylvania ChildLine and Abuse Registry at (412) 473-

2000 or 1-800-932-0313".

An educator who knows of any action, inaction or conduct which constitutes sexual abuse or exploitation

or sexual misconduct under the Educator Discipline Act shall report such misconduct to the Pennsylvania

Department of Education on the required form, and shall report such misconduct to his/her immediate

supervisor and the Superintendent, within fifteen (15) days of discovery of such misconduct.[8][9]

If the Superintendent or designee reasonably suspects that conduct being reported involves an incident

required to be reported under the Child Protective Services Law, the Educator Discipline Act or the Safe

Schools Act, the Superintendent or designee shall make a report, in accordance with applicable law,

regulations and Board policy.[6][7][8][9][10][11][12][13][14][15]

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"The required reporting form may be found at PDE's Professional Standards & Practices Commission

website, Educator Misconduct Complaint Form (PDE-348)"

It is a violation of this policy to retaliate against any person for reporting any action pursuant to this

policy or for participating as a witness in any related investigation or hearing.

Investigation

Allegations of inappropriate conduct shall be promptly investigated in accordance with the procedures

utilized for complaints of harassment.[3][18]

It is understood that some reports made pursuant to this policy may be based on rumors or

misunderstandings; the mere fact that the reported Adult is cleared of any wrongdoing shall not result

in disciplinary action against the reporter or any witnesses. If as the result of an investigation any

individual, including the reported Adult, the reporter, or a witness is found to have intentionally provided

false information in making the report or during the investigation or hearings related to the report, or if

any individual intentionally obstructs the investigation or hearings, such misconduct may be addressed

as a violation of this policy and other applicable laws, regulations or district policies. Obstruction

includes, but is not limited to, violation of “no contact” orders issued to the reported Adult, attempting

to alter or influence witness testimony, or destruction of or hiding evidence.

Disciplinary Action

A district employee who violates this policy may be subject to disciplinary action, up to and including

termination, in accordance with all applicable district disciplinary policies and procedures.[16]

A volunteer, student teacher, or independent contractor or an employee of an independent contractor

who violates this policy may be prohibited from working or serving in district schools for an appropriate

period of time or permanently, as determined by the Superintendent or designee.

Training

The district shall provide recurrent training with respect to the provisions of this policy to current and

new district employees, volunteers and student teachers subject to this policy.

The district, at its sole discretion, may require independent contractors and their employees who

interact with students or are present on school grounds to receive training on this policy and related

procedures.

904 Public Attendance at School Events

Purpose

The Board welcomes the public at activities and events sponsored by the school district, but the Board also acknowledges its duty to maintain order and preserve school facilities during such events.

Definition

For purposes of this policy, tobacco includes a lighted or unlighted cigarette, electronic cigarettes, cigar, pipe or other smoking product or material and smokeless tobacco in any form.[1]

Authority

The Board has the authority to prohibit at a school event the attendance of any individual whose conduct may constitute a disruption. The Board prohibits gambling and the possession and use of controlled substances, alcoholic beverages and weapons on school premises.[2][3]

Guidelines

A schedule of fees for attendance at school events shall be prepared by the Superintendent or designee and adopted by the Board.

Tobacco

The Board prohibits tobacco use by any persons in its school buildings and on any property, buses, vans and vehicles that are owned, leased or controlled by the school district.[1][4]

The Superintendent or designee may report incidents involving the sale of tobacco to minors by any person on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[5][7][8][14][11][10]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of tobacco by any person on school property to the Office for Safe Schools on the required form.[11][10]

The district shall annually notify staff, parents/guardians and members of the public about the district's tobacco policy by publishing such in handbooks, newsletters, posted notices, and other efficient methods.[1]

District personnel and one (1) family member will be admitted to all school events at no charge.

Free passes to school events will be available to senior citizens and to each Board member.

Free passes shall not include or convey reserved seating.

Service Animals

Individuals with disabilities may be accompanied by their service animals while on district property for events that are open to the general public in accordance with Board policy and state and federal laws and regulations.[15][12][13]

906 Public Complaints

Purpose

The Board welcomes inquiries, suggestions, and constructive criticism regarding the district’s programs, personnel, operations and facilities. Any parent/guardian, student, resident or community group shall have the right to present a request, suggestion or complaint. The Board intends to provide a fair and impartial method for seeking appropriate resolution.

Authority

Attempts to resolve public concerns and complaints of district residents shall begin with informal, direct discussions among the affected parties, following the established guidelines and district organizational structure. Only when informal meetings fail to resolve the issue shall more formal procedures be utilized.

In accordance with law, the Board shall adopt a written procedure that provides parents/guardians, public agencies, other individuals, and organizations a means to submit and resolve complaints alleging violations in the administration of educational programs under the No Child Left Behind Act. The complaint procedure shall be available to the public, a copy maintained in each school, and be distributed annually to parents/guardians and staff.[1]

Any requests, suggestions or complaints directed to individual Board members and/or the Board shall be referred to the Superintendent for consideration and action. If further action is warranted, based on the initial investigation, such action shall be in accordance with the following procedures.

Guidelines

General Complaint Procedure

General complaints about Board policy and district procedures, programs, operations, facilities and personnel shall be processed in accordance with the following procedure.

First Level - Complaints and requests shall be addressed initially to the concerned employee, who shall discuss it with the complainant and attempt to provide a reasonable explanation or take appropriate action within the employee's authority.

As appropriate, the staff member shall report the matter and the resolution to the building principal or immediate supervisor.

Second Level - If the issue cannot be resolved satisfactorily at the first level, it shall be discussed by the complainant with the building principal or the employee's immediate supervisor.

Third Level - If a satisfactory solution is not achieved by discussion with the building principal or immediate supervisor, a conference shall be scheduled with the Superintendent or designee. The principal or supervisor shall provide to the Superintendent or designee a report that includes the specific nature of the complaint, brief statement of relevant facts, how the complainant has been affected adversely, the action requested, and the reasons why such action should be taken or not taken.

Fourth Level - Should the matter not be resolved by the Superintendent or designee or is beyond his/her authority and requires Board action, the Superintendent or designee shall provide the Board with a complete report.

Final Level - After reviewing all information relative to the complaint, the Board shall provide the complainant with its written decision and may grant a hearing before the Board or a committee of the Board.

The complainant shall be advised of the Board's decision, in writing, no more than ten (10) days following the hearing.

NCLB Complaint Procedure

Complaints alleging violations of law in the district’s administration of NCLB education programs shall be processed in accordance with the following procedure.[1]

The complaint must be filed with the district as a written, signed statement that identifies:

Alleged NCLB violation.
Facts supporting the alleged violation.
Supporting documentation, such as information on discussions, correspondence or meetings with the district regarding the complaint.

Complaints shall be referred to the Superintendent or designee.

The Superintendent or designee will conduct an independent investigation, which could include but not be limited to:

On-site visit to the building that is the subject of the complaint.
Opportunity to present evidence by all individuals and/or organizations involved.
Opportunity for each side to question parties of other side and witnesses.

When the investigation is completed, the Superintendent or designee will prepare a report with a recommendation for resolving the complaint. The report will include:

Name of the individual or organization filing the complaint.
Nature of the complaint.
Summary of the investigation.
Recommended resolution.
Reasons for the recommended resolution.

The Superintendent or designee will determine whether further investigation is required and/or the district’s final response.

All parties involved in the complaint will be notified of the resolution of the complaint by the Superintendent or designee.

The Superintendent or designee will ensure that the resolution of the complaint is implemented.

The time period between receipt and resolution of a complaint will not exceed sixty (60) calendar days, unless circumstances require additional time.

Either party may appeal the final resolution to the Pennsylvania Department of Education.

Division of Federal Programs

PA Department of Education

333 Market Street

Harrisburg, PA 17126-0333

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