5000 Students

Students

Student Educational Development 5000

The focus of the Vernon Public School System is on the learner, the student. The students’ educational development, guided by the District’s goals and objectives, is the central concern of the Board of Education’s policies and the administration’s regulations.

Each student shall be given equitable access to education. Since students vary widely in capacities, interests, and social and economic background, no two can be treated exactly alike if the fullest development of each is to be achieved.

Discrimination of students attending district schools, with respect to race, color, religion, age, ancestry, gender, gender identity or expression, sex, sexual orientation, genetic information, marital status, pregnancy, national origin, physical disability, intellectual disability, learning disability, past or present history of mental disorder, or veteran status is prohibited.

Legal References: Connecticut General Statutes

10-15 Towns to Maintain Schools

10-15c Discrimination in Public Schools Prohibited

10-184 Duties of Parents

10-186 Duties of Local and Regional Board of Educations

10-226a Pupils of Racial Minorities

Section 504, U.S. Rehabilitation Act of 1973, V.S.C. @ 794

PA 17-127 An Act Concerning Discrimination Practices Against Veterans

Policy Revised: March 12, 2018

September 24, 2012

Students

Admission/Placement 5111

Admission

pg. 1 of 3

District schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year. Each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the program and activities of the school system without discrimination on account of race, color, age, gender, gender identity or expression, sex, sexual orientation, genetic information, religion, national origin, ancestry, marital status, pregnancy, physical disability, intellectual disability, learning disability, past or present history of mental disorder, or veteran status Exceptions from routine admission may be approved by the school principal on the basis of supporting evidence from physical and psychological examinations.

The parent/guardian of a child five (5) years of age shall have the option of not sending the child to school until the child is six (6) years of age. The parent/ guardian of a child six (6) years of age shall have the option of not sending the child to school until the child is seven (7) years of age. That parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The district shall provide the parent or person with information on the educational opportunities available in the school system.

According to Connecticut General Statute 10-76dCo2), special education will be provided for children who have attained the age of three and who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education. If a special education student is being considered for an exception, the Planning and Placement Team (PPT) will make a recommendation to the administrator in charge of special education.

Each child seeking admission to the Vernon Public School System for the first time must present:

1) A birth certificate or offer legal evidence of birth data

2) Proof of a recent physical examination and required immunizations

3) Proof of Domicile

Students who are classified as homeless under Federal law and, therefore, do not have a fixed residence, will be admitted pursuant to federal law and Policy 5118.1.

Students

Admission/Placement 5111

pg. 2 of 3

Any child entering or returning to the district from placement in Unified District 1, Unified District 2, a juvenile detention school, the Connecticut Juvenile Training School, or any other residential placement, shall have their educational records provided to the Superintendent of Schools by the Department of Children and Families (DCF) and the Judicial Department. Such information will be shared with the Principal of the school to which the student is assigned. The principal can disclose those records to the staff who teach or care for that child. A student returning from the Unified School Districts shall be enrolled in the school the student previously attended, provided such school has the appropriate grade level for the student.

The parent /guardian of a child seventeen (17) years of age may consent to such child’s withdrawal from school by personally appearing at the school district office to sign a withdrawal form. Such withdrawal form shall include an attestation from a guidance counselor or school administrator that the district has provided the parent or person with information on the educational options available in the school system and community.

Children who have attained the age of seventeen (17) and have voluntarily terminated enrollment in the district's schools with parental permission, as previously described, but subsequently seek re-admission, may be denied re-admission for up to ninety (90) school days from the date of such termination. However, if such child seeks re-admission to the Vernon schools not later than ten (10) school days after such termination, the child will be provided school accommodations not later than three (3) school days after the requested re-admission.

Placement

Children who transfer from non-public schools or from schools outside the district will be placed at the grade they would have reached elsewhere, pending observation and evaluation by classroom teachers, guidance personnel, and the school principal. After such observations and evaluations have been completed, the principal will review the data with parents and determine the child's final grade placement.

Children who have attained the age of nineteen or older may be placed in an alternative school program or other suitable educational program if they cannot acquire a sufficient number of credits for graduation by age twenty-one.

Students

Admission/Placement 5111

pg. 3 of 3

(cf 0521 Non-Discrimination)

(cf 5112 Ages of Attendance)

(cf 5118.1 Homeless Students)

(cf 5141 Student Health Services)

(cf 6171 Special Education)

(cf 6146 Graduation Requirements)

Legal References:

Connecticut General Statutes

10-15 Towns to maintain schools.

10-15c Discrimination in public schools prohibited. School attendance by five year olds.

10-76a - 10-76g re special education

10-76 d-7 Admission of student requiring Special Education (referral)

10-184 Duties of Parents (Re Mandatory schooling for children ages five to seventeen, inclusive) as amended by PA 98-243, PA 00-157 and PA 09-6, September Special Session

10-186 Duties of local and regional boards of education re school attendance. Hearings. Amended by PA 96-26, An Act Concerning Graduation Requirements and Placement of Older Students - appeals to state board. Establishment of hearing board

10-204a Required immunization

10-220h Transfer of Student Records, as amended PA-11-15, An Act Concerning Juvenile Re-entry and Education Appeals to the State Board. Establishment of Hearing Board

10-233a- 10-233f inclusive; re-suspend, expel, removal of pupils

10-233k Notification to school officials of potentially dangerous students

10-261 Definitions.

State Board of Education Regulations

10-76a-1 General definitions (c) (d) (q) (t)

McKinney-Vento Homeless Assistance Act, 42 U.S.C. @11431 et. seq.

Plyler vs. Doe, 457 U.S. 202 (1982)

PA 17-127 An Act Concerning Discrimination Practices Against Veterans

Policy Revised: March 12, 2018

September 24, 2012

Students

Foreign Exchange Students 5111.1

The Board of Education encourages participation in international exchange programs and other activities that advance cultural awareness and promote mutual understanding and respect for citizens of other countries. To that end, it allows foreign exchange students on one year J-I visas, who are residing with families in the community, to enroll on a non-tuition basis in the local schools. Students who apply must not have the equivalent of a high school diploma from a foreign school system. Students who are accepted and placed in grade 12 will only receive an honorary diploma. Further, they must meet those criteria established by the administration in the areas of language competency, residency, and deportment. Only foreign exchange students sponsored by organizations screened by the administration will be accepted.

Students entering the United States on F-I visas, may enter the local school system, only upon payment of the full, unsubsidized public education costs before entering the United States. Further, students on F-I visas may remain in the United States for no more than twelve (12) months. The local district is prohibited by law, from waiving the tuition fee of students on F-I visas.

Legal References:

Illegal Immigration Reform & Immigration Responsibility Act of 1996

Connecticut General Statutes

10-27 International Studies, exchange programs, Advisory Committee (Amended by PA-04-

153, An Act encouraging International Studies Programs)

Reviewed: March 26, 2018

Revised: September 24, 2012

Students

Ages of Attendance 5112

pg. 1 of 2

In accordance with Connecticut General Statute 10-186, the Board of Education shall provide education for all persons who have attained the age of five on or before the first day of January of any school year and those under twenty-one years of age who are not graduates of a high school or vocational school, except as provided in Connecticut General Statutes 10-233c and 10-233d. Additionally, according to Connecticut General Statute 10-76d (b2), special education will be provided for children who have attained the age of three and who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education.

Parents/guardians of children five years of age and older and under eighteen years of age, are obligated by Connecticut law to require their children to attend public day school or its equivalent in the district in which such child resides, unless such child is a high school graduate or the parent/guardian of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools.

1. The parent/guardian of a child five years of age shall have the option of not sending the child to school until the child is six years of age. The parent/guardian of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. The parent/guardian shall exercise such option by personally appearing at the school district office and signing an option form. The district shall provide the parent/guardian with information on the educational opportunities available in the school system.

2. The parent/guardian of a child seventeen years of age may consent to such child’s withdrawal from school. The parent/guardian shall exercise this option by personally appearing at the school district office to sign a withdrawal form. Such withdrawal form shall include an attestation from the guidance counselor or school administrator of the school that this district has provided the parent/guardian with information on the educational options available in the school system and in the community. A child who has attained the age of seventeen and who has terminated enrollment with parental consent in the district’s schools and subsequently seeks readmission may be denied readmission for up to ninety days from the date of such termination. However, if such child seeks readmission to the District not later than ten (10) school days after such termination the Board shall provide school accommodations to the child not later than three (3) school days after the child seeks readmission.

Students

Ages of Attendance (continued) 5112

pg. 2 of 2

3. A child who has attained the age of nineteen or older may be placed in an alternative school program or other suitable educational program if he/she cannot acquire a sufficient number of credits for graduation by age twenty-one.

The above requirements are not to serve as barriers to immediate enrollment of students, designated as homeless or foster children as required by the Every Student Succeeds Act (ESSA) and the McKinney-Vento Act as amended by the ESSA. The District shall work with the local child welfare agency, the school last attended, or other relevant agencies to obtain necessary enrollment documentation.

(cf 5111- Admission/Placement)

(cf 5118.1 Homeless Students)

(cf 54118.3 Children in Foster Care)

(cf 6146 – Graduation Requirements)

Legal References:

Connecticut General Statutes

10-15 Towns to maintain schools

10-15c Discrimination in Public Schools prohibited. School Attendance by five year olds.

10-76a – 10-76g Re: Special Education

10-184 Duties of parents (re: mandatory schooling for children ages five to sixteen, inclusive) as amended by P.A. -98-243, P.A. 00-157 and P.A. 09-6 (September Special Session)

10-186 Duties of Local and regional Board of Education re school attendance. Hearing. Appeal to State Board. Establishment of Hearing Board (Amended by P.A. 96-26 An Act Concerning Graduation requirements and Readmission and Placement of Older Students)

10-233a – 10-233f Inclusive; re: suspend, expel, removal of pupils

10-76a-1 General Definitions (c) (d) (q) (t)

Policy Revised: March 12, 2018

September 24, 2012

April 26, 2010

Students

Attendance, Absences, Tardiness, Early Dismissal, and Dismissal Precautions

Page 1 of 4

The Superintendent shall ensure that information concerning attendance, absences, tardiness and early dismissals will be contained in each school's parent-student handbook.

Attendance

Connecticut state law requires parents/guardians to cause their children to attend school regularly during the hours and terms the public school is in session. Parents/Guardians of a child five years of age have the option of not sending the child to school until ages six or seven. Mandatory attendance terminates upon graduation or withdrawal with written parent/guardian consent at age seventeen.

Learning experiences that occur in the classroom are meaningful and essential components of the learning process. Time lost from class tends to be irretrievable in terms of opportunity for instructional interaction. The Board of Education requires that accurate records be kept of the attendance of each student.

The Connecticut State Board of Education policy states that, “a student is considered to be ‘in attendance’ if present at his/her assigned school, or an activity sponsored by the school for at least half of the regular school day. A student who is serving an out-of-school suspension or expulsion should always be considered absent.” A student not meeting the definition of ‘in attendance’ is considered absent.

Absences

A student should not be absent from school without the parent's/guardian’s knowledge and/or consent, therefore verification of an absence should be in writing by the parent/guardian, or a signed note from a school official that spoke in person with the parent/guardian regarding the absence. Documentation should explain the nature of and the reason for the absence as well as the length of absence. Separate documentation must be submitted for each incidence of absenteeism. All documentation must be received within ten days of the last absence.

Responsibility for completion of missed classwork lies with the student, not the teacher. Unless a student has an extended illness, all make-up work will be complete in a time frame to be determined by the teacher.

Page 2 of 4

Excused absence: The non-appearance of an enrolled student on a regularly scheduled school day for any of the following reasons:

1. For absences one through nine, a student’s absences from school are considered to be “excused” when the student’s parent/guardian approves such absences and submits the required documentation to school officials.

2. For the tenth absence and all absences thereafter, a student's absences from school are considered excused only for the following reasons:

Student illness (verified by an appropriately licensed medical professional for length of absence),

Observance of a religious holiday,

Mandated court appearances (documentation required),

Funeral or death in the family, or other emergency beyond the control of the student's family,

Extraordinary educational opportunities pre-approved by the building principal in accordance with Connecticut State Department of Education guidance, and

Lack of available transportation that is normally provided by a district other than the one the student attends.

Unexcused Absence: A student’s absence from school shall be considered unexcused unless they meet one of the following criteria:

The absence meets the definition for an excused absence as referenced above or

The absence meets the definition of a disciplinary absence.

The determination of whether an absence is excused will be made by the building Principal or his/her designee. Parents or other persons having control of the child may appeal that decision within ten days of the last absence to the Superintendent or his/her designee, whose decision shall be final.

Page 3 of 4

Chronically absent: A child enrolled in a school under the jurisdiction of a local or regional board of education whose total number of absences, at any time during a school year, is equal to or greater than 10 percent of the total numbers of school days a student is enrolled during such school year. (see policy 5113.2)

Disciplinary Absences: Absences that are the result of school or district disciplinary action are excluded from these definitions and always considered an excused absence.

Religious-based Absences

Students shall be excused from school upon written request from parents or guardians for major religious holidays, and students shall have the right to make up tests and shall not be deprived of any awards because of absences on religious holidays.

Tardiness: Students who arrive later than the scheduled beginning of school or class period will be considered tardy. A call or note from the parent/guardian must be received on the day of the tardy in order for the tardy to be excused. All other tardiness will be considered unexcused. On the 5th unexcused tardy the school will address the tardiness with the student and/or parent/guardian and a consequence may occur in accordance with the school student-parent handbook. For every additional three unexcused tardies the school will continue to address with the student and/or parent/guardian and additional consequences may occur.

Early Dismissals: Request for a release of a student during the school day originating outside the school must be handled by the administration to ensure maximum provisions for the safety and welfare of the student.

Parents/guardians or designee of students PreK-12 requesting dismissal of a student before the end of the normal school day must submit in advance to the designated school personnel, a written request indicating the day and time and reason for which the early dismissal is requested. The designated adult for the student in grades PreK-12 must come into the school office to pick up and sign out the student. Early dismissal should be requested only in emergency or unusual situations.

Page 4 of 4

Dismissal Precautions

No student may be released from school to anyone other than the parent, guardian or child protective services personnel and law enforcement officers, pursuant to law, unless the name of the individual seeking release of the student appears on a list provided by the parent or guardian.

A student may be released to either parent unless a custodial parent supplies the building principal with a certified copy of a court order or divorce decree to the contrary.

The Superintendent of Schools shall develop procedures to enable parents and guardians to amend the list of persons authorized to obtain the release of their children.

Legal Reference: Connecticut General Statutes

10-184 Duties of parents (as amended by PA 98-243 and PA 00-157)

10-185 Penalty

10-198 Attendance Review teams

10-198a Policies and procedures concerning truants (as amended by P.A.11-136, An Act Concerning Minor Revisions to the Education Statutes and PA 14-198, An Act Concerning Excused Absences from School for Children of Service Members, and PA 16-147, An Act Concerning the Recommendations of the Juvenile Justice Policy and Oversight Committee)

10-198b State Board of Education to define "excused absence," "unexcused absence," and "disciplinary absence"

10-198d Chronic absenteeism (as amended by PA 17-14)

10-199 through 10-202 Attendance, truancy - in general

10-220c Duties of Boards of Education (as amended by PA 15-225)

45a-8c Truancy clinic. Administration. Policies and procedures. Report. (as amended by PA 15-25)

Action taken by State Board of Education on January 2, 2008, to define "attendance."

Action taken by State Board of Education on June 27, 2012, to define "excused" and "unexcused" absences.

PA 17-14 An Act Implementing the Recommendations of the Department of Education

REVISED: June 11, 2018

October 30, 2017

September 24, 2012

Students

Work Permits 5113.1

Student In-School Employment: Part-time school jobs shall be open to students ages fifteen and over in keeping with their abilities and the school’s need for student help.

Student After-School Employment: If students need to work while attending school, guidance personnel shall make efforts to help them obtain employment. However, they shall be cautioned against assuming work commitments that will interfere with their academic achievements and co-curricular activities. Students must be sixteen (16) years of age or older to work in any “manufacturing, mechanical, or barber shop,” Students must be fifteen (15) years of age or older to work in any “mercantile establishment.”

Working Papers for Minors: Minors (15-18) receive employment certificates from the Superintendent of Schools or his designated agent in the town or city in which they live. The High School Principal is the designated agent in the district. Working papers are processed after school hours during school days and from 8:00 a.m. - 12:00 noon during the summer and school vacations. The high school issues working papers only to resident students. If a Connecticut resident secures employment in another state, that state issues the papers. If a resident of another state works in Connecticut, that person may obtain the Connecticut certificate with the "promise to work" paper and proof of residency.

Evidence of Age: Applicants must appear in person, have evidence of age, and a written promise of employment. Satisfactory evidence of age can be shown by: birth certificates, driver's licenses, baptismal certificates, military service I.D.'s, or, as a last resort, information on school district cumulative records.

Written Promise of Employment: The written promise of employment is issued by the employer, must be signed by an officer of the employer, state exactly and specifically what the job entails. This form should be examined very carefully, and if any changes or alterations appear, they should be verified with the employer. A state "promise of employment" form is generally used, but a written promise of employment on letterhead paper or regular stationery from an employer is acceptable.

Working Papers: Working papers are made out in triplicate. One copy is for the minor, one for the employer, and the original for school files. The form should be signed, not typed, by the issuing officer in the appropriate place. Records may be destroyed when the minor reaches 18 years of age.

Legal Reference:

Connecticut General Statutes

10-193 Certificate of age of minors in certain occupations

10-194 Penalty

10-195 Evidence of age

10-197 Penalty for employment under fourteen

10-198 False statement as to age

Revised: March 12, 2018

Reviewed: November 13, 2012

Students

Truancy and Chronic Absenteeism

Page 1 of 3

Introduction and Definitions: The District's policy on student truancy and chronic absenteeism shall stress early prevention and inquiry leading to remediation of absences, rather than imposition of punitive measures for students. Referral to legal authorities normally shall be made only when local resources are exhausted.

"Truant" shall mean a child, age five (unless the parent/guardian has exercised the option of not sending the child to school until ages six or seven) to eighteen inclusive, who has four unexcused absences in any one month, or ten unexcused absences in one school year.

“Habitual Truant” shall mean a child age five to eighteen, inclusive, enrolled in a public or private school and has twenty unexcused absences or more within a school year.

“Chronically Absent” (CA) shall mean a child enrolled in a school under the jurisdiction of a local or regional board of education whose total number of absences, at any time during a school year, is equal to or greater than 10 percent of the total number of school days a student is enrolled during such school year.

“Absence” shall mean any excused absence, unexcused absence or disciplinary absence.

“District chronic absenteeism rate” shall mean the total number of chronically absent children in the previous year divided by the total number of children for such school year.

“School chronic absenteeism rate” shall mean the total number of chronically absent children in the previous year divided by the total number of children for such school year.

“Attendance Intervention Team(s)” shall be responsible for reviewing the cases of truants and chronically absent children and provide support, services and programs.

Remediation of Truancy and Chronic Absenteeism: School personnel shall seek cooperation from parents or other persons having control of such child and assist them in remedying and preventing unexcused and excessive absences. The Superintendent of schools shall develop regulations which will detail the following school district obligations under the District's attendance/truancy policies and procedures.

Notify parents annually of their obligations under the attendance policy.

Obtain telephone numbers for emergency record cards or other means of contacting parents or other persons having control of the child during the school day.

Page 2 of 3

Develop a systemic response to the school absence plan to assist and support families. This model may include the use of mentors and incentive and rewards that recognize schools and students that improve attendance and reduce the school chronic absenteeism rate.

Establish attendance intervention teams at the District and school level to review and address both truancy and chronic absenteeism issues based on the District and schools’ chronic absenteeism rates.

Make a reasonable effort by telephone and by mail to notify parents or guardians of the child when a child does not arrive at school, and there has been no previous approval or other indication which indicates parents are aware of the absence. ~ (Note: Persons who in good faith give or fail to give notice pursuant to this section shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have immunity with respect to any judicial proceeding which results from such notice or failure to give notice).

The required mailed notice(s) shall include a warning that two unexcused absences from school in one month or five unexcused absences in a school year that the child is very close to being considered truant pursuant to Connecticut attendance law.

6. Identify a student as truant when the student accumulates four unexcused absences in any month or ten unexcused absences in any school year. Annually reported to SDE.

7. Identify a student as chronically absent when the student has missed 10% or more of the school year. Annually reported to SDE.

8. School staff will notify parents/guardians in writing of a child identified as truant and/or chronically absent and will attempt to meet with them to review and evaluate the situation within ten (10) days of such designation and implement child find protocols.

9. Provide coordination of services and refer truants to community agencies which provide family services, i.e. Vernon Youth Service Bureau.

10. If the parent or guardian of the child fails to attend the required meeting with appropriate school personnel to evaluate why the child is truant or fails to cooperate with the school in trying to solve the child's chronic absenteeism problem, consideration can then be made to refer the family to the Department of Children and Family for educational neglect.

Page 3 of 3

Legal Reference:

Connecticut General Statutes

10-19m Youth Service Bureau

10-184 Duties of parents.

10-198a Policies and procedures concerning truants

10-198b Definition of “excused absence”, “unexcused absence” and “disciplinary absence”.

10-198c Attendance Review teams and chronic absenteeism definitions

10-198d Chronic absenteeism prevention and intervention plan (as amended by PA 17-14)

10-198e Implementation of a truancy intervention model

10-199 through 10-202 Attendance, truancy in general. (Revised, 1995, HB 6898)

10-202e-f Policy on dropout prevention and grant program.

10-221(b) Board of education to prescribe rules. Campbell v New Milford, 193 Conn 93 (1984).

Action taken by the State Board of Education on January 2, 2008, to define “attendance”

Action taken by State Board of Education on June 27, 2012, to define "excused" and "unexcused" absences.

REVISED: June 11, 2018

September 24, 2012

May 14, 2012

Students

Suspension, Expulsion, and Due Process 5114

Page 1 of 19

It is the goal of the Board of Education to ensure the safety and welfare of all students in attendance, and to maintain an atmosphere conducive to learning. In keeping with this goal, students are expected to comply with school rules and regulations, as well as Board policies. Students may be disciplined for conduct on school grounds or at any school-sponsored activity that endangers persons or property, is seriously disruptive of the educational process, or that violates a publicized policy of the Board. Students may be disciplined for conduct off school grounds if such conduct is seriously disruptive of the educational process and violates a publicized policy of the Board.

In working with students, emphasis shall be placed upon developing effective self-discipline as the most effective disciplinary approach.

A. Definitions

1. "Exclusion" shall be defined as any denial of public school privileges to a student for disciplinary purposes.

2. "Removal" shall be defined as an exclusion from a classroom for all or a part of single class period, provided such exclusion shall not extend beyond ninety (90) minutes.

3. "In-School Suspension" shall be defined as an exclusion from regular classroom activity for no more than ten consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed. Such suspensions shall be served in the school attended by the student.

4. "Suspension" shall be defined as an exclusion from school privileges or from transportation services for no more than ten (10) consecutive school days, provided such exclusion shall not extend beyond the end of the school year in which such suspension was imposed. All suspensions shall be in-school suspensions unless the administration determines for any student in grades three through twelve, inclusive, that (1) the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student (grades three to twelve, inclusive) shall be excluded from school during the period of suspension, or (2) that an out-of-school suspension is appropriate based on evidence of previous disciplinary problems that have led to suspensions or expulsion of the student and efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive support strategies.

A student in grades preschool to two, inclusive, may be given an out-of-school suspension if it is determined by the administration that such suspension is appropriate based on evidence that the student's conduct on school grounds is of a violent or sexual nature that endangers persons. In addition a person's duty as a mandated reporter to report suspected child abuse or neglect is not limited by this provision.

5. "Expulsion" shall be defined as an exclusion from school privileges for any student in grades three to twelve, inclusive, for more than ten (10) consecutive school days and shall be deemed to include but not be limited to, exclusion from the school to which such student was assigned at the time such disciplinary action was taken, provided that assignment to a regular classroom program in a different school in the district shall not constitute a suspension or an expulsion. Such period of exclusion may extend to the school year following the school year in which the exclusion was imposed, up to one calendar year.

6. "Emergency" shall be defined as a situation under which the continued presence of the student in the school imposes such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.

7. "Days" is defined as days when school is in session.

8. "School-sponsored activity" is defined as any activity sponsored, recognized or authorized by the Board of Education and includes activities conducted on or off school property.

9. "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.

10. "Deadly weapon" means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.

11. "Firearm" means 1) any weapon (including a starter gun) which will or is designed to or readily be converted to expel a projectile by the action of an explosive; 2) the frame or receiver of any such weapon; 3) any firearm muffler or firearm silencer; or 4) any destructive device. Firearm does not include any antique firearm. For purposes of this definition "destructive device" means any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than 4 ounces, missile having an explosive or incendiary charge of more than ¼ ounce, mine, or device similar to any of the weapons described herein.

12. "Vehicle" means a "motor vehicle" as defined in Section 14-1 of the Connecticut General Statutes, snow mobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail.

13. "Martial arts weapon" means a nunchakum kama, kasari-fundo, octagon sai, tonfa or chinese star.

14. "Dangerous Drugs and Narcotics" is defined as any controlled drug in accordance with Connecticut General Statutes §219-240.

15. "Alternate Education" means a school or program maintained and operated by the Board of Education that is offered to students in a nontraditional setting and addresses their social, emotional, behavioral and academic needs. Such program must conform to SBE guidelines and conform to C.G.S 10-15 & 16 (180 days/900 hours)

B. Removal From Class

1. All teachers are hereby authorized to remove a student from class when such student causes a serious disruption of the educational process within the classroom.

2. Such teacher shall send the student to a designated area and shall immediately inform the building Principal or his/her designee as to the name of the student and the reason for removal.

3. No student shall be removed from class more than six (6) times in any year nor more than twice in one week, unless such student is referred to the Building Principal or his/her designee and granted an informal hearing in accordance with the provisions of this policy, as stated in G(3).

C. Exclusion from Co-Curricular and Extra-Curricular Activities

Participation in co-curricular and extra-curricular activities is a privilege and not an entitlement. Students involved in such programs are expected to follow all school rules and demonstrate good citizenship. Failure to do so may result in partial or complete exclusion from said activities and programs. Activities include, but are not limited to, athletic programs, musical or drama productions, clubs, field trips, and school trips out-of-state and abroad.

D. Suspension and Expulsion

1. A student may be suspended (in-school) or suspended (out-of-school) or expelled (grade three to twelve, inclusive) for conduct on school property or at a school-sponsored activity that endangers persons or property, is violative of a publicized policy of the Board, or is seriously disruptive of the educational process, including but not limited to one or more of the following reasons:

a. Conduct causing danger to the physical well-being of himself/herself or other people that is not reasonably necessary for self-defense;

b. Intentionally causing or attempting to cause physical injury to another person that is not reasonably necessary for self-defense;

c. Intentionally causing or attempting to cause damage or school property or material belonging to staff (private property);

d. Stealing or attempting to steal private or school property or taking or attempting to take personal property or money from any other person;

e. The use, either spoken or written on clothing, of obscene or profane language or gestures on school property or at a school-sponsored activity;

f. Deliberate refusal to obey the directions or orders of a member of the school staff;

g. Harassment and/or hazing/bullying on the basis of that person's race, religion, ethnic background, gender or sexual orientation;

h. Open defiance of the authority of any teacher or person having authority over the student, including verbal abuse;

i. Threatening in any manner, including orally, in writing, or via electronic communication, a member of the school including any teacher, a member of the school administration or any other employee, or a fellow student;

j. Blackmailing a member of the school community, including any teacher, member of the school administration or any other employee or fellow student;

k. Possession of a firearm, deadly weapon, dangerous instrument, or martial arts weapon, as defined in Section 53a-3, such as a pistol, knife, blackjack, etc.;

l. Possession of any weapon or weapon facsimile, including but not limited to knife, pistol, pellet guns and/or air soft pistols.

m. Possession, transmission, distribution, selling, use or consumption of alcoholic beverages, dangerous drugs or narcotics or intoxicant of any kind or any facsimile of a dangerous drug, narcotic or intoxicant of any kind;

n. Knowingly being in the presence of those who are in possession of using, transmitting, or being under the influence of any dangerous drug, narcotic, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind;

o. Participation in any unauthorized occupancy by any group of students or others of any part of any school, school premises or other building owned by any school district after having been ordered to leave said school premises or other facility by the Principal or other person then in charge of said school building or facility;

p. Participation in any walkout from a classroom or school building by any group of students and refusing to immediately return to said classroom or school building after having been directed to do so by the Principal or other person then in charge of said classroom or school building;

q. Intentional incitement which results in an unauthorized occupation of, or walkout from, any school building, school premises, facility or classroom by any group of students or other persons;

r. Repeated unauthorized absence from or tardiness to school;

s. Intentional and successful incitement of truancy by other students;

t. The use or copying of the academic work of another and the presenting of it as one's own without proper attribution;

u. Violation of school rules and practices or Board policy, regulation or agreement, including that dealing with conduct on school buses and the use of school district equipment;

v. Violation of any federal or state law which would indicate that the violator presents a danger to any person in the school community or to school property;

w. Lying, misleading or being deceitful to a school employee or person having authority over the student;

x. Unauthorized leaving of school or school-sponsored activities;

y. Unauthorized smoking.

E. Suspension for Conduct Off School Grounds

1. Students are subject to suspension for conduct off school property and outside of school-sponsored activities in accordance with law, for conduct that violates a publicized policy of the Board and is seriously disruptive of the educational process, including but not limited to the following:

a. Conduct leading to a violation of any federal or state law if that conduct is determined to pose a danger to the student himself/herself, other students, school employees or school property.

b. Adjudication as a delinquent or a youthful offender as the result of a felony if the conduct leading to the adjudication is determined to pose a danger to the student himself/herself, other students, school employees or school property.

2. In making a determination as to whether conduct is "seriously disruptive of the educational process," the administration, Board of Education or impartial hearing board may consider, but such consideration shall not be limited to; (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon as defined in Section 29-38 and whether any injuries occurred, and (4) whether the conduct involved the use of alcohol, narcotic drug, hallucinogenic drug, amphetamine, barbiturate or marijuana.

F. Mandatory Expulsion

It shall be the policy of the Board to expel a student, grades preschool, and kindergarten to twelve, inclusive, for one full calendar year if:

1. The student, on grounds or at a school-sponsored activity, was in possession of a firearm, as defined in 18 U.S.C. 921*, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in C.G.S. 53A-3; or the student, off school grounds, did possess such firearm in violation of C.G.S. 29-35 or did possess and use such a firearm, instrument or weapon in the commission of a crime; or the student, on or off school grounds offered for sale or distribution a controlled substance, as defined in subdivision (9) of C.G.S. 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under C.G.S. 21-277 and 21a-278.

2. Such a student shall be expelled for one calendar year if the Board of Education or impartial hearing board finds that the student did so possess or so possess and use, as appropriate, such a weapon or firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance.

3. The Board may modify the period of a mandatory expulsion on a case-by-case basis.

4. A firearm, as defined by C.G.S. 53a-3 includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded from which a shot may be discharged, or a switchblade knife, a gravity knife, billy, black jack, bludgeon or metal knuckles.

*A firearm; currently defined by 18 U.S.C. 921, is any weapon that can expel a projectile by an explosive action and includes explosive devices, incendiaries, poison gases, and firearm frames, receivers, mufflers or silencers.

5. A student enrolled in a preschool program provided by the Board of Education, state or local charter school or interdistrict magnet school shall not be expelled from such school except that a student shall be expelled for one calendar year from such preschool program pursuant to the mandatory expulsion requirement in compliance with the Gun-Free School Act, as described in this section.

G. Suspension Procedure

1. The administration of each school shall have the authority to invoke suspension for a period of up to ten days or to invoke in-school suspension for a period of up to ten school days of any student for one or more of the reasons stated in Section D, above, in accordance with the procedure outlined in this paragraph. Suspensions shall be in-school suspensions unless the administration determines that the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension. The administration may also consider a student's previous disciplinary problems when deciding whether an out-of-school suspension is warranted, as long as the school previously attempted to address the problems by means other than an out-of-school suspension or an expulsion.

The administration is expected to use the guidelines developed and promulgated by the Commissioner of Education to help determine whether a student should receive an in-school or out-of-school suspension.

The administration shall also have the authority to suspend a student from transportation services whose conduct while awaiting or receiving transportation violates the standards set forth in Section D, above. The administration shall have the authority to immediately suspend from school any student when an emergency exists as that term is defined in paragraph A, above.

If an emergency situation exists, the hearing outlined in paragraph G(3) shall be held as soon as possible after the exclusion of the student.

2. In the case of suspension, the administration shall notify the student's parents and the Superintendent of Schools not later than twenty-four (24) hours of the suspension as to the name of the student who has been suspended and the reason therefore. Any student who is suspended shall be given an opportunity to complete any class work including, but not limited to, examinations which such student missed during the period of his/her suspension.

3. Except in the case of an emergency, as defined in paragraph A, above, a student shall be afforded the opportunity to meet with the administration and to respond to the stated charges prior to the effectuation of any period of suspension or in-school suspension. If, at such a meeting the student denies the stated charges, he/she may at that time present his/her version of the incident(s) upon which the proposed suspension is based. The administration shall then determine whether or not suspension or in-school suspension is warranted. In determining the length of a suspension period, the administration may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, or expulsion.

4. For any student who is suspended for the first time and who has never been expelled, the school administration may shorten the length of or waive the suspension period if the student successfully completes an administration-specified program and meets any other administration-required conditions. Such program shall be at no expense to the student or his/her parents/guardians.

5. No student shall be suspended more than ten times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a hearing as provided in paragraph H(5) is first granted.

6. No student shall be placed on in-school suspension more than fifteen times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a hearing as provided in paragraph H(5) is first granted.

H. Expulsion Procedures

1. The Board of Education may, upon recommendation of the Superintendent of Schools, expel any student for one or more of the reasons stated in this policy if in the judgment of the Board of Education, such disciplinary action is in the best interest of the school system.

2. Upon receipt of a recommendation for expulsion from the Superintendent of Schools the Board shall, after giving written notice to the student and his parents or guardian, if said student is less than 18 years of age, conduct a hearing prior to taking any action on the expulsion of said student, provided however, that in the event of an emergency as defined in this policy, the student may be expelled prior to the hearing but in such case even a hearing shall be held as soon after the expulsion as possible. The notice shall include information concerning legal services that are provided free of charge or at a reduced rate that are available locally (CT Legal Service a source of such services) and how to access such services.

3. Three members of the Board of Education shall constitute a quorum for an expulsion hearing. A student may be expelled if a majority of the Board members sitting in the expulsion hearing vote to expel and provided at least three affirmative votes for expulsion are cast.

4. A special education student's handicapping conditions shall be considered before making a decision to expel. A Planning and Placement Team (PPT) meeting must be held to determine whether the behavior or student actions violative of Board of Education standards set forth in policy governing suspension and expulsion are the result of the student's handicapping condition.

5. The procedure for any hearing conducted under this paragraph shall at least include the right to:

a. Notice prior to the date of the proposed hearing which shall include a statement of the time, place and nature of the hearing; a statement of the legal jurisdiction under which the hearing is to be held; and a statement that the board is not required to offer an alternative educational opportunity to any student between 16 and 18 who was previously expelled or who is found to have engaged in conduct endangering persons which involved (1) possession of a firearm, deadly weapon, dangerous instrument or martial arts weapon on school property or school transportation or at a school sponsored activity or (2) offering for sale or distribution on school property or at a school sponsored activity a controlled substance, as defined in Section 21a-240(a) of the Connecticut General Statutes.

b. A short and plain statement of the matters asserted, if such matters have not already been provided in a statement of reasons requested by the student;

c. The opportunity to be heard in the student's own defense;

d. The opportunity to present witnesses and evidence in the student's defense;

e. The opportunity to cross-examine adverse witnesses;

f. The opportunity to be represented by counsel at the parents'/student's own expense; and

g. Information concerning legal services provided free of charge or at a reduced rate that are available locally and how to access such services;

h. The opportunity to have the services of a translator, to be provided by the Board of Education whenever the student or his/her parent or legal guardian do not speak the English language;

i. The prompt notification of the decision of the Board of Education, which decision shall be in writing if adverse to the student concerned.

6. The record of the hearing held in any expulsion case shall include the following:

a. All evidence received and considered by the Board of Education;

b. Questions and offers of proof, objections and ruling on such objections;

c. The decision of the Board of Education rendered after such hearing; and

d. A copy of the initial letter of notice of proposed expulsion, a copy of any statement of reasons provided upon request, a statement of the notice of hearing and the official transcript, if any or if not transcribed, any recording or stenographic record of the hearing.

7. Rules of evidence at expulsion hearings shall assure fairness, but shall not be controlled by the formal rules of evidence, and shall include the following:

a. Any oral or documentary evidence may be received by the Board of Education but, as a matter of policy, irrelevant, immaterial or unduly repetitious evidence may be excluded. In addition, other evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, suspension, or expulsion may be received for considering the length of an expulsion and the nature of the alternative educational opportunity, if any, to be offered;

b. The Board of Education shall give effect to the rules of privilege by law;

c. In order to expedite a hearing, evidence may be received in written form, provided the interest of any party is not substantially prejudiced thereby;

d. Documentary evidence may be received in the form of copies or excerpts;

e. A party to an expulsion hearing may conduct cross-examination of witnesses where examination is required for a full and accurate disclosure of the facts;

f. The Board of Education may take notice of judicially cognizable facts in addition to facts within the Board's specialized knowledge provided, however, the parties shall be notified either before or during the hearing of the material noticed, including any staff memoranda or data, and an opportunity shall be afford to any party to contest the material so noticed;

g. A stenographic record or tape-recording of any oral proceedings before the Board of Education at an expulsion hearing shall be made provided, however, that a transcript of such proceedings shall be furnished upon request of a party with the cost of such transcript to be paid by the requesting party. Findings of fact made by the Board after an expulsion hearing shall be based exclusively upon the evidence adduced at the hearing.

h. Decisions shall be in writing if adverse to the student and shall include findings of fact and conclusions necessary for the decision. Findings of fact made by the Board after an expulsion hearing shall be based exclusively upon the evidence adduced at the hearing.

8. For any student expelled for the first time and who has never been suspended, the Board of Education may shorten the length of or waive the expulsion period if the student successfully completes a Board specified program and meets any other conditions required by the Board. Such a Board specified program shall not require the student or the parent/guardian of such student to pay for participation in the program.

I. Notification

1. All students and parents within the jurisdiction of the Board of Education shall be informed, annually, of Board Policy governing student conduct by the delivery to each said student of a written copy of said Board Policy.

2. The parents or guardian of any minor student either expelled or suspended shall be given notice of such disciplinary action no later than 24 hours of the time of the institution of the period of expulsion or suspension.

3. The notice of an expulsion hearing to the student and his/her parents or guardians, if said student is less than 18 years of age shall include information concerning legal services that are provided free of charge or at a reduced rate that are available and how to access such services.

J. Students with Disabilities

A special education student and/or 504 disability shall be considered before making a decision to suspend. A student with disabilities may be suspended for up to ten school days in a school year without the need for the district to provide any educational services. A disabled student may be additionally removed (suspended) for up to ten school days at a time for separate acts of misconduct as long as the removals do not constitute a pattern. During any subsequent suspension of ten days or less of a student with disabilities, the district shall provide services to the disabled student to the extent determined necessary to enable the student to appropriately advance in the general education curriculum and toward achieving his/her IEP goals. In cases involving removals for ten days or less, school personnel (school administration) in consultation with the child's special education teacher, shall make the service determination.

If the disabled student's suspensions beyond ten school days in a school year constitute a pattern because of factors such as the length of each removal, the total amount of time the child is removed and the proximity of the removals to one another, the IEP team (PPT) shall conduct a manifestation determination. Meetings of a student's IEP team (PPT) are required to develop a behavioral assessment plan or to review and modify as necessary one previously developed when the disabled student has been removed (suspended) from his/her current placement for more than ten school days in a school year and when commencing a removal (suspension) that constitutes a change in placement.

Whenever a student is suspended, notice of the suspension and the conduct for which the student was suspended shall be included on the student's cumulative educational record. Such notice shall be expunged from the record by the Board if the student graduates from high school.

Notwithstanding the foregoing, the following procedures shall apply to students who have been identified as having one or more disabilities under the IDEA and/or Section 504 of the Rehabilitation Act (a "student with disabilities"):

1. If a student with disabilities engages in conduct that would lead to a recommendation for expulsion, the district shall promptly convene an IEP team (PPT) meeting to determine whether the misconduct was caused by or had a direct and substantial relationship to the student's disability or if the conduct in question was the direct result of the District's failure to implement the IEP. A student may be suspended for up to ten days pending the IEP team (PPT) determination.

2. If the District, parent and relevant members of the IEP team (PPT) determine that the misconduct was not caused by the disability, the Superintendent may proceed with a recommendation for expulsion. During any period of expulsion, a student with disabilities under the IDEA shall receive an alternative educational plan consistent with the student's educational needs as determined by the IEP team (PPT) in light of such expulsion and the student's IEP. The services must continue to the extent determined necessary to enable the disabled student to appropriately advance in the general education curriculum and to advance toward achieving the goals of his/her IEP, and be provided a free appropriate public education.

3. If the District, parent and relevant members of the IEP team (PPT) determine that the misconduct was caused by or had a direct and substantial relationship to the disability, or the conduct in question was the direct result of the District's failure to implement the student's IEP, the Superintendent shall not proceed with the recommendation for expulsion. The IEP team (PPT) shall consider the student's misconduct and revise the IEP to prevent a recurrence of such misconduct and to provide for the safety of the other students and staff. A functional behavioral assessment shall be conducted, if not previously done, and a behavioral intervention plan implemented or revised, if in existence. The student shall be returned to the placement from which he/she was removed unless agreed otherwise by the District and parent.

4. Should a parent of a student with disabilities who is eligible for services under the IDEA (or the student himself/herself if eighteen years of age or older) file a request for a due process hearing to contest an expulsion under subparagraph (2) above or a proposed change in placement under subparagraph (3), unless the parents (or student if eighteen years of age or older) and the Board otherwise agree, the child shall stay in the interim alternate educational setting, if so placed by student authorities, pending decision in said due process hearing and any subsequent judicial review proceedings.

5. Notwithstanding the provisions of the preceding subparagraph (4), a student with disabilities may be assigned to an interim alternative educational setting for not more than forty-five (45) school days if the student brings a weapon to school or to a school function or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function. For purposes of this paragraph, "weapon" means a device instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, but excludes a pocket knife with a blade of less than 2 ½ inches in length. "Serious bodily injury" is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty. The interim alternative placement shall be determined by the IEP team (PPT). If a due process hearing is requested, the student shall remain in said interim alternative placement pending a decision in the due process hearing, unless the Board and the parents otherwise agree, or the Board obtains a court order.

6. In order for the district to unilaterally obtain a 45 day change in placement from a federal judge of Connecticut hearing officer, it must prove by substantial evidence, that maintaining the current placement of the student is substantially likely to result in injury to the child or others. The school must also prove that it has made reasonable efforts to minimize the risk of harm the student presents in the current placement.

K. Alternative Educational Opportunity

The Board of Education recognizes its obligation to offer any student under the age of sixteen (16) who is expelled an alternative educational opportunity during the period of expulsion. Any parent or guardian of such student who does not choose to have his or her child enrolled in an alternative educational program shall not be subject to the provision of Section 10-184 of the Connecticut General Statutes. Any expelled student who is between the ages of sixteen (16) and eighteen (18) not previously expelled and who wishes to continue his or her education shall be offered an alternative educational opportunity if he or she complies with conditions established by the Board of Education. Such alternative educational opportunity may include, but shall not be limited to, the assignment of a student (who is seventeen sixteen years of age or older) to an adult education program or placement of such student in a regular classroom program of a school other than the one from which the student has been excluded. Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school under C.G.S. 10-184. In determining the nature of the alternative education opportunity to be offered under this Section, the Board of Education may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, suspension, or expulsion.

The Board of Education is not obligated to provide such alternative educational opportunity to any student eighteen years of age or older. The Board of Education is not required to offer such alternative educational opportunity to any student between the ages of sixteen and eighteen who is expelled because of conduct which endangers person, if it was determined at the expulsion hearing that the conduct for which the student was expelled involved (a) carrying on or introducing onto school property a firearm, deadly weapon or dangerous instrument as defined in C.G.S. 53a-3 or (b) offering for sale or distribution on school property or at a school sponsored activity a controlled substance, as defined in subdivision (8) of C.G.S. 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting, or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under C.G.S. 21a-277 and 21a-278. If the Board expels a student for the sale or distribution of such a controlled substance, the Board shall refer the student to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action. If a student is expelled for possession of a firearm or deadly weapon, the Board shall report the violation to the local police department.

This provision shall not apply to students requiring special education who are described in subdivision (1) of sub-section (e) of C.G.S. 10-76a. The alternative educational opportunity for any such student shall be established by the IEP team (PPT) in accordance with the procedures described above.

Whenever the Board notifies a student between the ages of sixteen and eighteen or the parents/guardians of such student, that an expulsion hearing will be held, the notification shall include a statement that the Board is not required to offer an alternative educational opportunity to any student who is found to have engaged in conduct including possession of a martial arts weapon, firearms, deadly weapons or dangerous instruments on school property or at a school function.

L. Other Considerations

1. If a student is expelled, notice of the expulsion and the conduct for which the student was expelled shall be included on the student's cumulative educational record. Such notice except for the notice of an expulsion of a student in grades nine through twelve, inclusive, based on possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the Board if the Board determines that the student's conduct and behavior in the years following such expulsion warrants an expungement or if the student graduates from high school.

2. If a student's expulsion is shortened or the expulsion period waived based upon the fact that the student was expelled for the first time, had never been suspended, and successfully completed a Board specified program and/or met other conditions required by the Board, the notice of expulsion shall be expunged from the cumulative educational record if the student graduates from high school or, if the Board so chooses, at the time the student completes the Board specified program and meets any other conditions required by the Board.

3. If a student in grades kindergarten to eight, is expelled based on possession of a firearm or deadly weapon, the Board may expunge from the students' cumulative education record the notice of the expulsion and the conduct for which the student was expelled if the Board determines that the conduct and behavior of the student in the years following such expulsion warrants an expungement.

4. The Board may adopt the decision of a student expulsion hearing conducted by another school district provided such Board of Education held a hearing pursuant to C.G.S.10-233d(a). Adoption of such a decision shall be limited to a determination of whether the conduct which was the basis for the expulsion would also warrant expulsion under the policies of this Board. The student shall be excluded from school pending such hearing. The excluded student shall be offered an alternative education opportunity in accordance with item K above.

5. Whenever a student against whom an expulsion hearing is pending withdraws from school and after notification of such hearing but before the hearing is completed and a decision rendered, (1) notice of the pending expulsion hearing shall be included on the student's cumulative educational record and (2) the Board shall complete the expulsion hearing and render a decision.

6. A student expelled for possession of a firearm or deadly weapon shall have the violation reported to the local police department.

7. The period of expulsion shall not extend beyond a period of one calendar year. A period of exclusion may extend into the next school year.

8. An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Board of Education/Superintendent of Schools (choose which). Readmission decisions shall not be subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.

9. Any student who commits an expellable offense and is subsequently committed to a juvenile detention center, The Connecticut Juvenile Training School or any other residential placement for such offense may be expelled by the local board of education. The period of expulsion shall run concurrently with the period of commitment to a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement.

Readmission of Student from a Residential Placement

A District student who has committed an expellable offense who seeks to return to a District school, after having been in a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement, for one year or more, in lieu of expulsion from the District, shall be permitted to return to the appropriate school setting within the District. Further, the District shall not expel the student for any additional time for the offense(s).

Students and parents shall be notified of this policy annually.

Legal Reference: Connecticut General Statutes

4-176e through 4-180a. Contested Cases. Notice. Record, as amended

10-74j Alternative education (PA 15-133)

10-233a through 10-233f Suspension, removal and expulsion of students, as amended by PA 95-304, PA 96-244, PA 98-139, PA 07-66, PA 07-122, PA 08-160, PA 09-82, PA 09-6 (September Special Session), PA 10-111, PA 11-126, PA 14-229, and PA 15-96.

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

PA 94-221 An Act Concerning School Discipline and Safety.

PA 15-96 An Act Prohibiting Out-of-School Suspensions and Expulsions for Students in Preschool and Grades Kindergarten to Two

GOALS 2000: Educate America Act, Pub. L. 103-227.

18 U.S.C. 921 Definitions.

Title III - Amendments to the Individuals with Disabilities Education Act. Sec. 314 (Local Control Over Violence)

Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994

P.L. 105-17 The Individuals with Disabilities Act, Amendments of 1997.

Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education.

P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004

REVISED: March 12, 2018

December 14, 2015

March 9, 2015

May 14, 2012

August 23, 2010

May 24, 2010

March 8, 2010

June 8, 2009

October 27, 2008

October 12, 2004

Students

School Attendance Areas 5117

Page 1 of 2

The Board of Education shall establish attendance zones to facilitate educational programs and to use existing facilities with optimum effectiveness. The Superintendent of Schools shall recommend school attendance areas in accordance with the following criteria:

1. safety of students;

2. student educational needs;

3. educational programs to be housed;

4. optimum use of existing facilities;

5. student residential patterns;

6. ages of students served;

7. racial/ethnic balance;

8. compliance with state and federal mandates.

A pupil shall attend such school as is designated by the Superintendent in accordance with district schools approved by the Board. When teacher-pupil load is high and additional classrooms are not available in a given school, the Superintendent has the authority to transfer pupils from one school to another.

Out-of-Area School Attendance

Students may attend a public elementary school out of the student’s attendance area provided the parent/guardian has made a written request to the principal of the out-of-area school with a copy provided to the Assistant Superintendent and all of the following conditions are met:

1.The student moves from one Vernon elementary school area to another Vernon elementary school area after the start of the second semester.

2. The receiving principal determines available space based upon class size at the appropriate grade level.

3. Parents are responsible for transportation of students who attend schools outside of their assigned school area.

4. After completion of the school year in an out-of-area school, the student/s must reapply or return to their in-area school as determined by their home address.

These guidelines do not apply to students transferred by the school administration.

The superintendent has the authority to transfer students on an individual basis in collaboration with the family of the student and in the best interest of the student.

Students

School Attendance Areas 5117

Page 2 of 2

(cf 3541 Transportation of Student General Information)

(cf 3541.93 Consequences for Bus Vandalism)

Legal Reference: Connecticut General Statutes

10-55 Students to attend regional school

10-226a Students of racial minorities

10-226b Existence of racial imbalance

10-226c Plan to correct imbalance

10-226d Approval of plan by state board

REVISED: March 12, 2018

November 13, 2012

June 25, 2012

December 8, 2008

June 25, 2007

Students

Non-Resident Students 5118

Evidence of Residency: The Superintendent of Schools, or designee, (“Superintendent”) may require documentation of family and/or student residency, including affidavits, either upon initial request for enrollment of a student or upon reasonable believe that an enrolled student is no longer a resident of Vernon eligible for public school accommodations. In cases of belief that a current student is no longer a resident, the parent or guardian, relative or non-relative, emancipated minor, or pupil eighteen (18) years of age or older (“Parents”) shall, prior to or in conjunction with a request for evidence of residency, be provided with a written statement of why there is reason to believe such student may not be entitled to attend school in the district. An affidavit may be required by the Superintendent, which may include, among other things, documentation that there is bona fide student residence in the district, that the residence is intended to be permanent, that it is provided without pay, and that it is not for the sole purpose of obtaining school accommodations.

Non-resident Attendance: Non-resident students who do not meet resident criteria as established above may attend local schools with tuition payment. The Superintendent may approve non-resident student attendance with tuition for one (1) year or less, if class size and other conditions permit. The Board shall annually establish tuition rates.

Students who start a school year as a Vernon resident in one of the Vernon public schools and move out of Vernon during the second semester of the school year, may be allowed, upon written request to the Superintendent, to complete the current school year, tuition free, in the school where the student started the school year, provided that the student had been in regular attendance and in good standing. In all instances where approval is requested, Parents must agree, in their written request, to provide all transportation necessary for the student to attend school. All requests for continued, tuition-free attendance require the approval of the school principal and the Superintendent. This provision terminates at the end of that school year and may not be extended.

A high school student who moves out of district after completion of the junior year may request to complete his/her senior year in the Vernon Public Schools without payment of tuition. A written request by parent/guardian must be submitted to the high school principal and requires the approval of both the high school principal and the Superintendent. Transportation for attendance at school is the responsibility of the Parents.

Foreign/Exchange/Guest Students: Such students may attend local schools only upon permission of the Superintendent, after consultation with the Board. Tuition, fees, schedules, and academic readiness shall be determined on a case-by-case basis.

No tuition is required for foreign students living within the district under the American Field Service Program, or under other programs or circumstances required by state or federal law or approved by the Board. Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

The Board may terminate a non-resident tuition student’s attendance upon recommendation of the Superintendent, if the Board deems such termination in the school district’s best interest. A tuition adjustment on a per diem basis will be made in this instance.

Agricultural Education Students: Non-resident Agricultural Education students will be accorded all the rights and privileges of Rockville High School students. Their tuition is paid for by their sending towns. A Non-resident Agricultural Education student who withdraws from the Agricultural Education Program will no longer be considered a Rockville High School student, unless such student continues at Rockville High School in accordance with other provisions of this Non-resident attendance policy.

If a Non-resident Agricultural Education student who has successfully completed three years in the Agricultural Education Program wishes to exit the Agricultural Education program in his/her senior year, he/she may request to complete his/her senior year at Rockville High School without payment of tuition. A written request by the parent/guardian must be submitted to the high school principal and requires the approval of both the high school principal and the Superintendent. Transportation for attendance at school is the responsibility of the Parents.

Removal of Non-resident Student from District Schools: If, after review of documentation and other available evidence, the Superintendent believes a student is not entitled to school accommodations from the Board, the Parents/guardians shall be informed in writing that, as of a particular date, the student will be denied school accommodations in the Vernon schools. The Superintendent shall advise the board of education under whose jurisdiction the Superintendent believes the child should be attending school of the denial.

If a student is removed from a district school for non-residency reasons, the Superintendent shall:

inform the Parent/guardian, emancipated minor, or pupil eighteen (18) years of age or older of the right to a hearing before the Board;

provide a transcript, which may be in the form of an audio recording, of the hearing upon written request of the Parents, guardian, emancipated minor, or pupil eighteen (18) years of age or older should the Board’s decision be appealed to the State Board of Education within 10 days of the board’s decision;

within ten (10) days after receipt of notice of an appeal, forward the record of the Board’s hearing to the State Board of Education;

allow the student to continue in the local school pending a hearing before the State Board if requested in writing by the Parents, guardian, emancipated minor, or pupil eighteen (18) years of age or older;

if the student’s appeal to the State Board of Education is unsuccessful, assess a per diem tuition for each day the student attended Vernon school during a period when the student was judged to have been ineligible for school accommodations from the Board.

Board of Education Hearing: Within ten (10) days after receipt of a written request, the board shall provide Parents with an opportunity for a hearing regarding the student’s eligibility for school accommodations from the Board. If there is a hearing, the Board shall make a stenographic record or tape recording of the hearing; shall make a decision on student eligibility for school accommodations within ten (10) days after the hearing; and shall notify the Parents, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings. Hearings shall be conducted in accordance with the provisions of Sections 176e to 4-180a, inclusive, and section 4-181a of the Connecticut General Statutes.

Legal Reference:

Connecticut General Statutes

4-176e through 4-185 Uniform Administrative Procedure Act.

10-186 Duties of local and regional boards of education re school attendance. Hearings.

Appeals to state board. Establishment of hearing board.

10-253 School privileges for students in certain shelters, and temporary placements.

Policy Revised: May 14, 2018

Policy Revised: November 13, 2012

Policy Revised: December 13, 2010

Policy Revised: June 25, 2007

Policy Revised: January 12, 2004

Students

Homeless Student 5118.1

Page 1 of 3

The Superintendent of School shall make reasonable efforts to identify homeless children within the district, encourage their enrollment and eliminate barriers to their education, which may exist in district policies or practices, in compliance with all appropriate federal and state laws.

It is the policy of the Board of Education that no child or youth shall be discriminated against or stigmatized in this school district because of homelessness. Homeless students, as defined by federal and state statutes, residing within the district or residing in temporary shelters in the district are entitled to free school privileges.

Homeless students shall not be separated from the mainstream school environment on the basis of their homelessness. Such students shall have access to education and other services they need to meet the same challenging State academic standards to which all students are held.

Homeless students and their families may:

Continue in the school (“of origin”) that the student attended when permanently housed or the school of last enrollment; or

2. attend school in the school that is attended by other students living in the same attendance area where the homeless child lives.

To the extent feasible, a homeless child will be kept in the school of origin, unless it is against the wishes of the parent/guardian.

Homeless children shall be provided educational services that are comparable to those provided to other students enrolled in the district, including but not limited to, Title I, transportation services, compensatory educational programs, gifted and talented, special education, ESL, health services and food and nutrition programs.

The district administration shall attempt to remove existing barriers to school attendance by homeless emancipated minors and youth eighteen years of age:

1. The selected school for the homeless child shall enroll the child, even in the absence of records normally required for enrollment. The last school enrolled shall be contacted to obtain records.

2. Other enrollment requirements that may constitute a barrier to the education of the homeless child or youth may be waived at the discretion of the Superintendent. If the district is unable to determine the student’s grade level

Students

Homeless Students 5118.1

Page 2 of 3

due to missing or incomplete records, the district shall administer tests or utilize

other reasonable means to determine the appropriate grade level for the child.

3. Fees and charges, which may present a barrier to the enrollment or transfer of a homeless child or youth, may be waived at the discretion of the Superintendent.

4. Transportation services may be comparable to those provided to other students in the selected school. Transportation shall be provided to the students’ school of origin in compliance with federal and state regulations.

5. Official school records, policies, and regulations shall be waived at the discretion of the Superintendent, in compliance with federal statutes.

6. The district shall make a reasonable effort to locate immunization records from information available. The District’s Liaison shall assist the parent/guardian in obtaining the necessary immunizations and records. The District shall arrange for the students to receive immunizations through health agencies and at District expense if no other recourse is available. Immunizations may, however, be waived for homeless youth only in accordance with provisions of Board of Education policy on immunizations.

7. The Board will provide any homeless student, who is not in the physical custody

of a parent/guardian, full access to his/her educational records, including medical

records, in the Board's possession.

8. The District will treat information about a homeless child or youth's living situation

as a student education record subject to the protections of the Family

Educational Rights and Privacy Act (FERPA). Such information shall not be

deemed to be directory information.

9. Other barriers to school attendance by homeless children or youth may be waived at the discretion of the Superintendent of Schools.

The District's educational liaison must assist homeless children and youth, as described within the administrative regulations, in the placement/enrollment decisions, considering the youth's wishes and provide notice of appeal under the Act's enrollment disputes

Students

Homeless Students 5118.1

Page 3 of 3

provisions. The liaison shall also participate in State provided professional development

programs for local liaisons.

Students residing in a temporary shelter are entitled to free school privileges from the district in which the shelter is located or from the school district where they would otherwise reside if not for the placement in the temporary shelter. The district in which the temporary shelter is located shall notify the district where the student would otherwise be attending. The district so notified may choose to either:

1. continue to provide educational services, including transportation between the temporary shelter and the school in the home district; or

2. pay tuition to the district in which the temporary shelter is located.

The Superintendent shall develop regulations, to ensure compliance with applicable statutes in the implementation of this policy.

cf. 5143 Student Health Assessments and Immunizations)

(cf. 5146 Child Abuse and Neglect)

Legal Reference: Connecticut General Statutes

10-253(e) School privileges for children in certain placements, non resident children and children in temporary shelters.

17a-101 Protection of children from abuse. Reports required of certain professional persons. When child may be removed from surrounding without court order.

17a-102 Report of danger of abuse.

17a-103 Reports by others.

17a-106 Cooperation in relation to prevention, identification and treatment of child abuse and neglect.

46b-120 Definitions.

McKinney-Vento Homeless Assistance Act, (PL 107-110-Sec 1032)

Policy Revised: May 14, 2018

November 13, 2012

Students

Reporting to Parents/Guardians 5124

The Board of Education encourages regular and effective two-way communication between parent and teacher through frequent and varied reporting methods. Among other means, parent-teacher conferences, letters and informal notes, e-mails, telephone calls to parents, and school visitation by parents should occur regularly to keep parents informed of student successes and student needs. Such communication will serve to inform teachers of parent concerns about, suggestions for, and perceptions of their children which may help the teacher in his or her work with particular children.

Report Card: Written reports on student progress will be issued in accordance with a schedule approved by the Superintendent of Schools after consultation with principals and faculties. Reporting dates shall be determined annually and placed on the school calendar. Parents will be advised no later than the penultimate reporting period of a student's potential failure in a course or grade and the possibility of the student repeating the grade or course.

Report cards should reflect the educational growth of the student in relationship to each student's ability, attitudes, interests, conduct or citizenship, and achievement in relation to standards for his/her age and grade.

.Teachers also will report on student progress at regularly scheduled parent conferences.

Mid-Term Progress Reports: Student progress reports to parents/guardians will be sent between marking periods. These reports will serve to inform parents/guardians of special student achievements as well as possible student failure and/or deficiencies needing attention. Parental acknowledgment of these communications is encouraged.

If parents are separated or divorced, both have equal rights to be informed of their child's school progress unless there is an order from the court to the contrary. Non-custodial parents shall receive written reports and conference notifications upon a request to the school principal.

Legal Reference:

Connecticut General Statutes

10-15b Access of parent or guardian to student's records.

46b-56 Access to records of minor children by non-custodial parent.

Policy Revised: May 14, 2018

November 13, 2012

Students

Student Record Confidentiality 5125

pg. 1 of 4

Educational records, defined as records directly related to a student, will be kept for each student and will reflect the physical, emotional, social and academic aspects of a student’s development in the educational process.

The Board of Education recognizes the legal requirements to maintain the confidentiality of student records. Such confidentiality shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, and its implementing regulations.

Safeguards shall be established by the school administration to protect the student and the student’s family from invasion of privacy in the collection, maintenance and dissemination of information, and to provide accessibility to recorded information by those legally entitled thereto. Access to inspect or review a student’s educational record or any part thereof may include the right to receive copies under limited circumstances.

For the purposes of this policy:

"Parent" means a natural or adoptive parent, a legal guardian, or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated, the parent granted custody and the parent not granted custody of a minor child both have the right of access to the academic, medical, hospital, or other health records of the child, unless a court order prohibits access. Whenever a student has attained the age of 18 years or is attending an institution of post-secondary education, the permission or consent required of, and the rights accorded to, the parents or guardians of the student shall thereafter only be required of, and accorded to, the student. A parent who is incarcerated is also entitled to knowledge of and access to all educational, medical or similar records maintained in the cumulative record of any minor student of such incarcerated parent except in situations (1) where such information is considered privileged as defined in C.G.S. 10-154a, (2) such incarcerated parent has been convicted of sexual assault, or aggravated sexual assault, or (3) such incarcerated parent is prohibited pursuant to a court order.

“Student” means an individual who is or has been “in attendance” in person at an educational agency or institution for whom education records are maintained. It also includes those situations in which students “attend” classes but are not physically present, including attendance by videoconference, satellite, Internet, or other electronic information and telecommunication technologies.

"Student Record" means any item of information directly related to an identifiable student,

Students

Student Record Confidentiality 5125

pg. 2 of 4

other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of his/her duties, whether recorded in handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school system, regardless of the physical form in which it is maintained. Any information maintained for the purpose of

review by a second party is considered a student record. Records that pertain to an individual’s previous attendance as a student are “education records” under FERPA regardless of when they were created or received within the school system. Student record shall not include informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. Records of the law enforcement unit of the District or school are not considered student records.

“Law Enforcement Unit” means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

"Substitute" means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.

"School Official" means a person employed by the District as an administrator, supervisor, instructor, support staff member, health or medical staff, and law enforcement personnel, a person serving on the Board of Education, a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist), or a parent or student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks.

The Superintendent shall ensure that requirements under federal and state statutes shall be carried out by the district. He/she will develop procedures for the following:

1. Annually informing parents or eligible students of their rights to inspect and review the student’s educational records,

2. Explaining circumstances in which the district deems it has a legitimate cause to deny a request for a copy of such records;

Students

Student Record Confidentiality - continued 5125

pg. 3 of 4

3. Providing a schedule of fees for copies;

4. Listing the types and locations of education records maintained by the school and the titles and addresses of school officials responsible for those records.

5.

a. Not disclosing personally identifiable information from a student’s education records without the prior written consent of the student’s parent, except as otherwise permitted by administrative regulations; including at least a statement of whether the school will disclose personally identifiable information from the records to other school officials within the school who have been determined by the school to have legitimate educational interests, and, if so, a specification of the criteria for determining which parties are “school officials” and what the school considers to be a “legitimate educational interest”; and a specification of the personally identifiable information to be designated as directory information.

b. Disclosing upon the request of a state operated or community detention facility, the student’s educational records. If the student’s parent/guardian did not give prior written consent for the disclosure of such records, the board shall send notification of such disclosure to the parent or guardian at the same time that it discloses the records.

6. Maintaining the record of disclosures of personally identifiable information from a student's education records and permitting a parent to inspect that record.

7. Providing a parent with an opportunity to seek the correction of the student's education records through a request to amend the records or for a hearing, and permitting the parent or an eligible student to place a statement in the education records of the student.

8. Guaranteeing access to student records to authorized persons within five school days following the date of request.

9. Assuring security of student records.

10. Enumerating and describing the student records maintained by the school system.

Students

Student Record Confidentiality - continued 5125

pg. 4 of 4

11. Annually informing parents under what conditions their prior consent is not required to disclose information.

12. Ensuring the orderly retention and disposition, per applicable state statutes, of the district’s student records.

13. Notifying parents of secondary school students that it is required to release

the student’s name, address and telephone listing to military recruiters and

institutions of higher learning upon request. Parents or eligible students may

request in writing that the District not release this information, and the District

will comply with the request.

14.Notifying parents annually of the District’s policy on the collection or use of personal information collected from students for the purpose of marketing or selling that information or otherwise providing that information to others for that purpose, including arrangements to protect student privacy that are provided by the agency in the event of such collection.

Legal Reference:

Connecticut General Statutes

1-19(b)(11) Access to public records. Exempt records.

7-109 Destruction of documents.

10-15b Access of parent or guardians to student's records. (as amended by PA 17-68, Section 4)

10-154a Professional communications between teacher or nurse & student.

10-209 Records not to be public.

10-221b Boards of education to establish written uniform policy re: treatment of recruiters.

11-8a Retention, destruction and transfer of documents

11-8b Transfer or disposal of public records. State Library Board to adopt regulations.

46b--56 (e) Access to Records of Minors.

Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983).

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C.1232g.).

Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)-parent and student privacy and other rights with respect to educational records, as amended 11/21/96, and Final Rule 34 CFR Part 99, December 9, 2008)

USA Patriot Act of 2001, PL 107-56, 115 Stat. 272, Sec 507, 18 U.S.C. §2332b(g)(5)(B) and 2331

PL 112-278 “The Uninterruped Scholars Act”

Owasso Independent Sch. Dist. No. 1-011 v. Falvo, 534 U.S.426 (2002)

REVISED: May 14, 2018

October 30, 2017

ADOPTED: May 14, 2012

Students

Graduation Ceremony 5127

Page 1 of 2

There shall be only one district graduation ceremony upon completion of grade twelve in the high school. All other exercises which take place at the time of student completion of elementary and middle school grades shall be referred to by another name.

Graduation ceremonies shall be restricted to those students who have completed the State and District academic requirements as specified by the Board of Education. This includes students who have completed the academic requirements under the program for Adult Education. Foreign exchange students may be permitted to participate in the graduation ceremonies at the discretion of the school administration, upon successful completion of the school year.

The list of academic requirements is available in student handbooks and information packets from school administrators and the office of the Superintendent.

Any student who has fulfilled Board of Education requirements for graduation from the high school shall be granted a diploma; however, participation in graduation exercises may be dependent upon return of school properties and satisfaction of financial obligations to the school district. In addition, participation shall be a privilege, reserved to those who conduct themselves according to the established guidelines, rather than a right. In order to preserve the dignity of the graduation ceremony, students must conform to school-sanctioned standards and expectations for behavior and attire.

The school administration shall notify all students of the requirements and obligations that must be met in order to participate in the graduation exercises. Every effort shall be made to notify individual students who are not or may not be eligible to participate in the graduation ceremonies, and their parent(s)/guardian(s), by certified mail no later than two (2) weeks after completion of the first semester of their senior year.

Out-of-District-Placed Students

Any special needs student who attends a program prescribed through the Planning and Placement Team (PPT) process, upon completion of their senior year at that institution, will have a choice of receiving a diploma from that institution or from Rockville High School (RHS), provided said student has completed all graduation requirements as prescribed by the Vernon Board of Education.

(cf. 5114 – Suspension/Expulsion; Student Due Process)

(cf. 5131 – Conduct)

(cf. 6146 – Graduation Requirements)

Students

Graduation Ceremony 5127

Page 2 of 2

Legal Reference: Connecticut General Statutes

10-221 Boards of education to prescribe rules, policies and procedures

Policy Revised: May 14, 2018

Policy Revised: November 13, 2012

Students

Conduct at School and School Related Activities 5131

Page 1 of 2

Areas of Responsibility for Student Conduct and School Discipline: Although the ultimate goal of student discipline is cultivation, or development of appropriate self discipline, staff responsibilities include the following:

Certified staff: Teachers, administrators, and other certified staff are responsible for the proper conduct and control of students while they are under the supervision and jurisdiction of a particular school and the school district.

Principal: Principals may implement necessary procedures and school rules and regulations on student behavior consistent with board of education policies. Principals may involve representatives from school personnel, students, parents, and citizens of the community in developing standards, specific rules, regulations, and procedures for student conduct at school or during out-of-school activities.

Teachers: Teachers are responsible for proper and adequate control of students and for student instruction on rules and regulations of proper conduct. Teacher responsibility and authority extend to all students of the school district under the assigned supervision of the teacher and to other students with whom the teacher comes into contact throughout his or her work day.

Support Staff: Instructional and other aides, custodians, secretaries and clerks, cafeteria employees, bus drivers, and other non-certified staff are responsible for reporting to teachers and administrators, any inappropriate student behavior, and for intervention and necessary action in the absence of certified staff to preserve personal safety, the safety other students and/or staff, and to safeguard school district property.

Parents: Parents are expected to cooperate with and to support school authorities on the behavior and discipline of their children. Parents shall be held responsible for willful misbehavior of their children and for any destructive acts on school property.

Student Behavior: Students shall be properly instructed in rules and regulations of acceptable conduct and are responsible for complying with school and school district standards of behavior. Students who fail to comply with these rules and regulations are liable to suspension, exclusion, or expulsion.

Publication to Parents/Guardians of Behavior Code: The Superintendent shall require that, at the beginning of each school year or when students enroll, principals in each school communicate Board policies and regulations concerning student behavior to parents/guardians and students.

Students

Conduct at School and School Related Activities 5131

Page 2 of 2

(cf. 5114 Suspension/Expulsion/Exclusion/Removal)

(cf. 5131.5 Vandalism)

Legal Reference:

Connecticut General Statutes

52-572 Parental liability for torts of minors. Damage defined.

Policy Revised: May 14, 2018

November 13, 2012

Students

Bus Conduct 5131.1

School transportation is a school accommodation provided to students conditional upon satisfactory behavior on buses and at bus stops.

Students will be advised that while awaiting or receiving transportation to and from school, they may be suspended from transportation services for improper conduct which endangers persons or property or violates a Board policy or administrative regulation. Principals shall follow procedures in Policy 5114 Suspension/ Expulsion/ Exclusion/ Removal when suspending bus privileges.

Video Cameras on School Buses

The Board of Education recognizes the need to maintain appropriate conduct on school buses. Accordingly, the Board of Education authorizes the installation of video cameras on school buses as an aid in monitoring student behavior. The videos from these cameras may be used to assist school administrators in deciding upon appropriate disciplinary action.

(cf. 5131.111 Video Surveillance)

(cf. 5114 Suspension/Expulsion/Exclusion/Removal)

(cf. 5131.5 Vandalism)

Legal Reference:

Connecticut General Statutes

10-186 Duties of local and regional boards of education re school attendance.

10-220 Duties of boards of education.

10-221 Boards of education to prescribe rules.

10-233c Suspension of pupils.

Policy Reviewed: May 14, 2018

Policy Revised: November 13, 2012

Students

Conduct 5131.111

Video Surveillance

The Board of Education recognizes the district's responsibility to maintain order and discipline on school property and in school vehicles. The Board also desires to afford students and staff privacy in respect to the records maintained by the district. The Board recognizes the value of electronic surveillance systems in monitoring activity on school property and in school vehicles in furtherance of protecting the health, welfare and safety of its students and staff. The students and staff of the district recognize that their security and safety depends upon the capacity of the district to maintain discipline and that a certain amount of restraint upon the activities of students is assumed and expected.

The Board of Education having carefully weighed and balanced the rights of privacy of students and staff against the district's duty to maintain order and discipline, finds that it is appropriate to provide for the use of video camera surveillance in its transportation vehicles and on school grounds as follows:

1. The district shall notify its students and staff that video surveillance may occur on any school property or on any transportation vehicle. The district shall incorporate said notice in the student handbook;

2. The use of video surveillance equipment on transportation vehicles shall be supervised by the district transportation supervisor. The use of video surveillance equipment on school grounds and on other district property shall be supervised and controlled by the building administrator or other responsible administrator;

3. The use of video recordings from surveillance equipment shall be subject to the other policies of the district including policies concerning the confidentiality of student and personnel records;

4. Video surveillance shall only be used to promote the order, safety and security of students, staff and property.

Legal Reference: Title I - Amendments to the Individuals with Disabilities Act. (PL 105-17)

Family Educational Rights and Privacy Act, sec. 438, 20 U.S.C. sec. 1232g (1988).

Connecticut General Statutes

10-221 Boards of Education to prescribe rules

Policy Reviewed: May 14, 2018

Policy Adopted: November 13, 2012

Students

Student Driving and Parking 5131.3

Student Use of Motor Vehicles: Licensed drivers may be allowed parking privileges in a designated area of the school parking lot

The student use of automobiles on school grounds whether to drive or to park is a privilege and governed by Board of Education policy and motor vehicle laws.

This privilege may be revoked for improper use of a motor vehicle or disregard for safety.

Grounds for Revocation of Privileges:

1. driving at an excessive speed on school grounds;

2. reckless or dangerous driving on school grounds;

3. leaving school grounds without permission;

4. failure to park in the area designated for students;

5. at the request of their parents;

6. excessive tardiness;

7. loitering of students in their cars;

8. Inappropriate behavior involving a motor vehicle.

Legal Reference: Connecticut General Statutes

10-221 Boards of Education to prescribe rules

Policy Reviewed: May 14, 2018

Policy Revised: April 8, 2013

Students

Vandalism 5131.5

The parent or guardian of any minor/unemancipated child who damages any property, real or personal, belonging to the school system shall be held monetarily liable for such actions up to the maximum amount allowed under state law. Damage shall include intentional unauthorized modifications made to computer hardware and/or software.

The liability provided under Connecticut General Statutes 52-572 does not relieve the minor(s) of personal liability for such damage or injury. The liability of the parent for damages done by a minor child is in addition to any other liability which exists in law. Liability shall include all costs incurred to remedy the situation.

The parent or guardian of a minor child shall also be held liable for all property belonging to the school system lent to the pupil and not returned upon demand of the school system. The student may also be subject to disciplinary action.

Vandalism by an Adult Student:

An adult student shall be held personally liable for any damage done to any property, real or personal, belonging to the school district. The student may also be subject to disciplinary action.

Cf. – 6161.2 Guidelines for Care of Instructional Materials

Legal Reference:

Connecticut General Statutes

10-221 Boards of Education to prescribe rules. (re sanctions that may be imposed by a board against pupils who damage or fail to return textbooks, library materials, or other educational materials)

52-572 Parental liability for torts of minors. Damage defined.

Policy Revised: May 14, 2018

April 8, 2013

Students

Alcohol Use, Drugs and Tobacco (Including Performance Enhancing Drugs) 5131.6

Pursuant to the goal of the Board of Education (Board) to maintain a drug, tobacco and alcohol-free school district, schools shall take positive action through education, counseling, parental involvement, and medical and police referral in handling incidents in the schools involving possession, sale, and/or use of behavior affecting substances. These substances shall include but not be limited to alcohol and controlled substances as defined in the Penal Code of the State of Connecticut.

Alcohol, tobacco, stimulants, street drugs, including but not limited to marijuana, heroin and cocaine; anabolic steroids, hormones and analogues, diuretics and other performance enhancing substances; including supplements and Creatine, are addressed by this policy and accompanying administrative regulations.

Possessing, using, or transmitting any substance which is represented to be or looks like a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant, depressant, or intoxicant of any kind, including such substances that contain chemicals which produce the same effect of illegal substances including but not limited to Spice and K2 and bath salts are addressed by this policy.

Definitions

Drugs are defined as any substance other than food or water that is intended to be taken or administered (ingested, injected, applied, implanted, inhaled, etc.) for the purpose of altering, sustaining, or controlling the recipient's physical, mental, or emotional state. Drugs may include, but not be limited to, alcoholic beverages; controlled substances such as marijuana, hallucinogens, cocaine, barbiturates, amphetamines, narcotics; and non-authorized prescription drugs.

Controlled substances, for purposes of this policy shall include all controlled substances prohibited by federal and state law, look-alike drugs, alcoholic beverages, anabolic steroids, drug paraphernalia, any volatile solvents or inhalants, such as but not limited to glue and aerosol products, and prescription or patent drugs, except those for which permission for use in school has been granted pursuant to Board policy.

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

Electronic nicotine delivery system means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device.

Liquid nicotine container means a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product, except "liquid nicotine container" does not include such a container that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

Vapor product means any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine that is inhaled by the user of such product.

Privacy Rights

Personal privacy rights of students shall be protected as provided by law. School properties may be inspected by school authorities to maintain health and safety. Searches to locate drugs, narcotics, liquor, weapons, poisons, and missing properties are matters relating to health and safety and may be regarded as reasonable grounds for searches by school personnel. Privileged communication between a certified or paraprofessional employee and a student concerning drug abuse shall remain confidential except in cases where the employee is obtaining physical evidence of a controlled substance, and/or where there is an immediate threat to, or where students' health, safety, and welfare may be jeopardized.

Illegal Activities

Use, possession, sale or distribution of drugs, including prescription drugs, drug paraphernalia and/or alcoholic beverages in violation of state law or Board of Education policy is prohibited at any time on school premises or at any school-sponsored activity. If a student is under the influence of a drug or alcohol, or engaged in the illegal activity of possessing or selling drugs and/or alcohol, the police will be notified, his/her parent(s)/guardian will be contacted, he/she will be suspended from school, referred to a Student Support Team, and considered for expulsion. In cases of the illegal activity of possessing or selling drugs or alcohol, students will be referred to the appropriate law enforcement authorities. If a student is arrested and is awaiting trial for possession of, or possession of with intent to sell drugs in or on school property or at a school-sponsored event, the student will not be allowed to attend school without the permission of the Superintendent, per the guidelines set forth in Policy #5114.

Notification of Policy

Annually, students will be notified through the student handbook, or through other means, of disciplinary sanctions for violation of this policy.

Principals shall include statements, appropriate to student maturity, in school handbooks and on District/school websites to the effect that:

1. the unlawful manufacture, distribution, sale, dispensing, possession or use of controlled substances, other illegal drugs, performance-enhancing substances, alcohol or tobacco, including electronic nicotine delivery systems and vapor products, is prohibited in school, on school grounds, on school transportation and at school sponsored activities;

2. compliance with the standards of conduct stated in the handbook is mandatory;

3. a violation of its provisions will subject students to disciplinary action up to and including expulsion and referral for prosecution: and

4. CIAC controlled activities at the high school and middle school levels sponsored by the District/school are included in this policy and accompanying administrative regulations.

5. CIAC may impose sanctions beyond those applied by the District for the use of performance-enhancing substances, as defined in this policy, by athletes.

Disciplinary Action

Students who violate this policy will be subject to disciplinary action which includes, but is not limited to, suspension or expulsion, and/or a program recommended by the Student Support Team. Student athletes who violate this policy, participating in CIAC-controlled activities shall also be declared ineligible for such activities in accordance with CIAC policy and regulation. Any disciplinary actions imposed will ensure that similar violations will be treated consistently. The Superintendent shall propose and the Board of Education shall approve procedures and regulations to ensure that any student violating this policy is subjected to disciplinary action, and that any disciplinary actions imposed for similar violations are treated consistently.

The following guidelines for reporting alleged violations are to be followed:

1. If an employee suspects student possession, use, abuse, distribution or sale of controlled substances, other illegal drugs, performance-enhancing drugs, alcohol, or tobacco/tobacco products the employee shall refer the matter to the Principal or his/her designee. The Principal or designee will notify the student's parent/guardian, recommend a specific assessment, as appropriate, and contact law enforcement personnel as appropriate.

2. If an employee obtains physical evidence of a controlled substance, other illegal drug, drug paraphernalia, performance-enhancing drugs, alcohol, tobacco products or tobacco paraphernalia from a student in school, on school grounds, on school provided transportation or at a school sponsored event, the employee shall turn the student and the controlled substance over to the school principal or designee. The Principal will notify the student's parent/guardian, recommend a specified assessment as appropriate, notify law enforcement personnel and shall surrender possession of the controlled substance to the proper authorities within the time period required by state law.

Drug-Free Awareness Program

The Superintendent shall assure that the school District provides a drug-free awareness program for students including the following topics:

health and safety-related dangers of drug abuse;

review of the Board of Education's policy of maintaining drug-free schools;

notification of the availability of drug counseling and rehabilitation programs; and

official penalties for drug abuse violations in schools.

Drugs and Alcohol

It is the policy of the Board to prevent and prohibit the use (except as duly authorized through the school nurse), possession, distribution or sale of any drug, drug paraphernalia, or alcohol by any student at any time on school property, at school-sponsored events or on school-provided transportation. The District provides (1) a supportive environment for recovering chemically dependent students during and/or after their involvement in a treatment program for chemical dependency; and will provide (2) assistance to those students who are affected by drug/alcohol possession or use by others. Any student in District schools found to be using, selling, distributing, in possession of or under the influence of intoxicants, mood altering drugs or substances, or look-alike drugs, or in possession of any related drug paraphernalia during a school session, on school premises, or anywhere at a school-sponsored activity or trip, on school-provided transportation, or otherwise off school grounds when such student's conduct violates the substance abuse policy and is seriously disruptive of the educational process shall be subject to consequences as stated in the student handbook.

A breath alcohol tester is approved for use at events/activities such as dances and proms at the middle school and high school levels where, in the judgment of the school administrator, there exists reasonable suspicion that a student has consumed an alcoholic beverage and then, only under the following circumstances:

The student denies to an administrator that he/she has consumed alcoholic beverages and wishes to establish his/her innocence. Should the student register a positive reading on the breath alcohol tester, consequences will be administered as outlined in the discipline/behavior regulations in the Code of Conduct.

The student denies to an administrator that he/she has consumed alcoholic beverages and elects not to utilize the breath alcohol tester to establish his/her innocence. The judgment of the administrator will then be utilized to determine if the student has consumed an alcoholic beverage. In this instance, consequences will be administered as outlined in the discipline/behavior regulations in the Code of Conduct.

Inhalant Abuse

In addition to the prohibitions pertaining to alcohol, drugs and tobacco contained in this policy, no student shall inhale, ingest, apply, use or possess an abusable glue, aerosol paint or substance containing a volatile chemical with intent to inhale, ingest, apply or use any of these in a manner:

1. Contrary to directions for use, cautions or warnings appearing on a label of a container of the glue, paint aerosol or substance; and

2. Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination or elation, or change, distort, or disturb the person's eyesight, thinking process, balance or coordination.

For purposes of this policy, inhalants are defined as follows, but not limited to:

Nitrous Oxide - Laughing Gas, Whippets, C02 Cartridge

Amyl Nitrite - "Locker Room," "Rush," "Poppers," "Snappers"

Butyl Nitrite - "Bullet," "Climax"

Chlorohydrocarbons - Aerosol Paint Cans, Cleaning Fluids

Hydrocarbons - Aerosol Propellants, Gasoline, Glue, Butane

Further, no student shall intentionally, knowingly or recklessly deliver or sell potentially abusable inhalant materials as listed above.

No student shall intentionally use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the body an abusable glue, aerosol paint or substance or other substance that contains a volatile chemical.

Any student in the District schools found to be in possession of, using, distributing, or selling potentially abusable inhalant materials shall be subject to disciplinary action as outlined in this policy, up to and including suspension and a recommendation for expulsion. Violators of this policy may also be required to complete an appropriate rehabilitation program. The Superintendent shall propose and the Board of Education shall approve procedures and regulations to ensure that any student violating this policy is subjected to disciplinary action, and that any disciplinary actions imposed for similar violations are treated consistently.

The Board of Education shall incorporate into the curriculum at all levels education pertaining to potential inhalant abuse which is appropriate for students given their age, maturity, and grade level. Inhalant abuse educational programs/information for parents/guardians will be offered in a manner convenient to parents/guardians.

Performance-Enhancing Drugs (including food supplement)

In addition to the prohibition pertaining to alcohol, drugs, tobacco and inhalants, the Board of Education prohibits the use, possession, distribution or sale of performance-enhancing drugs, including anabolic steroids and food supplements, including Creatine, by students involved in school-related athletics or any co-curricular or extracurricular school activity/program, other than use for a valid medical purpose as documented by a physician. Bodybuilding and enhancement of athletic ability and performance are not considered valid medical purposes.

School personnel and coaches will not dispense any drugs, medication or food supplements except as in compliance with Connecticut State law, District policy and as prescribed by a student's physician, dentist, physician assistant or advanced practice registered nurse.

Students shall be made aware of the dangers of steroid abuse and that such abuse, unauthorized possession, purchase, or sale will subject them to disciplinary action and CIAC sanctions.

Students who violate this policy will be subject to disciplinary action. The Superintendent shall propose, and the Board of Education shall approve, procedures and regulations to ensure that any student violating this section is subjected to disciplinary action, and that any disciplinary actions imposed for similar violations are treated consistently.

It is the expectation of the Board that District schools, as members of the Connecticut Interscholastic Athletic Association (CIAC), require all athletes playing in CIAC-controlled sports to be chemical free.

Tobacco/E-Cigarette Use by Students

There shall be no smoking or any other unauthorized use or possession of tobacco, tobacco products, including chewing tobacco or tobacco paraphernalia, and electronic nicotine delivery systems or vapor products by students in any school building or school vehicle at any time or on any school grounds during the school day, or at any time when the student is subject to the supervision of designated school personnel. Such as when the student is at any school function, extracurricular event, field trip, or school related activity such as a work-study program. An ongoing program of student support and counseling will be offered to provide support for students who wish to break the smoking habit.

Tobacco includes, but is not limited to cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, nicotine, nicotine delivering systems or vapor product, chemicals, or devices that produce the same flavor or physical effect of nicotine substances; and any other tobacco or nicotine innovations.

Alternate language to consider: For purposes of this policy, "use of tobacco" shall mean all uses of tobacco, including but is not limited to, cigarettes, cigars, snuff, blunts, bidis, pipes, chewing tobacco, or any other substance that contains tobacco or nicotine, and all other forms of smokeless tobacco, rolling papers and any other items containing or reasonably resembling tobacco or tobacco products. In order to protect students and staff, the Board prohibits the use of tobacco or nicotine-based products in school buildings, on school grounds, in school vehicles, or at any school-related event.

Students who violate this policy will be subject to disciplinary action. The Superintendent shall propose and the Board of Education shall approve procedures and regulations to ensure that any student violating this policy is subjected to disciplinary action, and that any disciplinary actions imposed for similar actions are treated consistently.

Medical Marijuana

The conditions which follow are applicable to a District student who holds a certificate authorizing the palliative use of marijuana issued by the Connecticut Department of Consumer Protection (DCP) for the medical use of marijuana as set out in P.A. 12-55, "An Act Concerning the Palliative Use of Marijuana" and as amended by P.A. 16-23.

The District will not refuse to enroll a student or otherwise penalize a student for being a medical marijuana certificate holder unless failure to do so would cause the school to lose a monetary or licensing benefit under federal law or regulations.

A student medical marijuana certificate holder is subject to, without bias, the same code of conduct and disciplinary standards applicable to all students attending District schools. A student medical marijuana certificate holder shall not:

Undertake any task under the influence of marijuana that would constitute negligence;

Possess or engage in the medical use of marijuana

On a school bus,

On the grounds of any preschool, elementary or secondary school,

Utilize marijuana on any form of public transportation or in any public place.

Operate, navigate, or be in actual physical control of any motor vehicle while under the influence of marijuana, except that a qualifying certified marijuana user for medical purposes shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment;

Use marijuana in any manner not authorized by P.A. 12-55 as amended by P.A. 16-23; or

Offer to give, sell, or dispense medical marijuana to another student or other individual on school property, in school-provided vehicles, at school events, or when functioning as a representative of the school.

If District officials have reasonable belief that a student may be under the influence, in possession of, or distributing medical marijuana, in a manner not authorized by the medical marijuana statute, law enforcement authorities will be informed.

Although possession and use of marijuana for certain medical conditions, consistent with Connecticut's P.A. 12-55, "An Act Concerning the Palliative Use of Marijuana," as amended by P.A. 16-23, is no longer a crime in Connecticut, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and or possession of marijuana continues to be prohibited while a student is on a school bus, at school, on school grounds or at a school-sponsored activity. The District will continue to enforce its policies regarding controlled substances and any students who violate District policy prohibiting the use, sale or possession of illegal drugs in District facilities and school property will be subject to disciplinary and criminal action.

A student who violates any portion of this policy shall be subject to disciplinary action and applicable criminal prosecution.

(cf. 5114 - Suspension/Expulsion)

(cf. 5131 - Conduct)

(cf. 5131.61 - Inhalant Abuse)

(cf. 5131.62 - Steroid Use)

(cf. 5131.612 - Surrender of Physical Evidence Obtained from Students)

(cf. 5131.8 - Out of School Grounds Misconduct)

(cf. 5131.92 - Corporal Punishment)

(cf. 5144 - Discipline/Punishment)

(cf. 5145.12 - Search and Seizure)

(cf. 5145.121 - Vehicle Searches on School Grounds)

(cf. 5145.122 - Use of Dogs to Search School Property)

(cf. 5145.124 - Breathalyzer Testing)

(cf. 5145.125 - Drug Testing-Extracurricular Activities)

(cf. 6164.11 - Drugs, Alcohol, Tobacco)

Legal Reference: Connecticut General Statutes

1-21b Smoking prohibited in certain places.

10-19 Teaching about alcohol, nicotine or tobacco, drugs and acquired immune deficiency syndrome. Training of personnel.

10-154a Professional communications between teacher or nurse and student. Surrender or physical evidence obtained from students.

10-220b Policy statement on drugs.

10-221(d) Boards of education to prescribe rules, policies and procedures re sale or possession of alcohol or controlled drugs.

2la-240 Definitions dependency producing drugs.

21a -240(8) Definitions "Controlled Drugs," dependency producing drugs.

21a-240(9) Definitions "controlled substance."

21a-243 Regulation re schedules of controlled substances.

21a-408 et. seq. Palliative Uses of Marijuana (as amended by P.A. 16-23)

53-198 Smoking in motor buses, railroad cars and school buses.

P.A. 11-73 An Act Regulating the Sale and Possession of Synthetic Marijuana and Salvia Divinorum.

P.A. 12-55 An Act Concerning the Palliative Use of Marijuana.

P.A. 16-23 An Act Concerning the Palliative Use of Marijuana

P.A. 14-76 An Act Concerning the Governor's Recommendations Regarding Electronic Nicotine Delivery Systems and Youth Smoking Prevention.

P.A. 15-206 An Act Regulating Electronic Nicotine Delivery Systems and Vapor Products

Federal Regulation 34 CFR Part 85 Drug-free Schools & Communities Act.

20 U.S.C. Section 7181 et. seq., No Child Left Behind Act.

Synthetic Drug Abuse Prevention Act of 2012. (part of s.3187, the Food and Drug Administration Safety and Innovation Act)

New Jersey v. T.L.O, 469 U.S. 325 (1985).

Veronia School District 47J v. Acton, 515 U.S. 646. (1995)

Board of Education of Independent School District No 92 of Pottawatomie County v. Earls 01-332 U.S. (2002).

Revised: May 14, 2018

October 17, 2016

December 14, 2015

May 13, 2013

Students

Weapons and Dangerous Instruments 5131.7

Page 1 of 2

The Board of Education determines that possession, concealment, and/or use of a weapon by a student is detrimental to the welfare and safety of the students and school personnel within the district. Possession and/or use of any dangerous or deadly weapon, firearm, or destructive device in any school building on school grounds, in any school vehicle, or at any school-sponsored activity is prohibited.

Any device or object used as a weapon or used in a threatening manner will be considered a ‘weapon’ and may be seized by an employee of the school system under the power granted to the Board of Education to maintain order and discipline in the schools, and to protect the safety of students, staff and the public.

Pursuant to federal law, the term firearm includes, but is not limited to, any weapon designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or destructive device. A student who violates this policy will be reported to law enforcement authorities.

A "destructive device" is considered any device with an explosive, incendiary or poison gas component or any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled. A destructive device does not include any device which is designed primarily for use as a signaling, pyrotechnic, line-throwing, safety or similar device.

The possession or use of any such weapon or devices will require that the proceedings for the suspension and/or expulsion of the student involved will be initiated immediately by the principal. If the student is found to have possessed a firearm or other dangerous weapon as defined in Connecticut General Statutes 53a-3 in violation of 29-35 or 53-206, in or on the real property of a school or at any school activity as defined in Connecticut General Statutes 10-233a, he/she must be expelled for one calendar year. The Board of Education or hearing board may modify the period of expulsion on a case by case basis. To comply with federal law, any finding of an exception shall be reduced to writing. All legal restrictions and requirements will be adhered to pertaining to special education students.

The Board shall consider a student's conduct off school grounds that is seriously disruptive of the educational process or is violative of publicized policies of the Board as grounds for expulsion.

Students

Weapons and Dangerous Instruments 5131.7

Page 2 of 2

Weapons under the control of law enforcement personnel are permitted. The Superintendent may authorize other persons to possess weapons for courses, programs and activities approved by the District and conducted on District property.

(cf. 5114 - Suspension/Expulsion)

(cf. 5145.12 - Search and Seizure)

Legal Reference: Connecticut General Statutes

10-221 Boards of education to prescribe rules.

10-233a through 10-233f - Expulsion as amended by PA 95-304

53a-3 Definitions.

53a-217b - Possession of firearms and deadly weapons on school grounds

53-206 Carrying and sale of dangerous weapons.

PA 94-221 An Act Concerning School Discipline and Safety.

Gun-Free School Zones Act of 1990, 18 U.S.C. §§ 921(a))25)-(26), 922(q) (2006)

GOALS 2000: Educate America Act

18 U.S.C. 921 Definitions.

USCA 7151 - No Child Left Behind Act

Handgun Safety Act, 18 U.S.C. §§ 922(x), 924(a)(6) (2006)

Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117

Policy Revised: May 14, 2018

May 13, 2013

Students

Out of School Conduct 5131.8

Students are subject to discipline, up to and including suspension and expulsion for conduct, which is seriously disruptive of the educational process and is a violation of a publicized Board policy, even if such conduct occurs off-school property and during non-school time.

Such discipline may result whether: 1.) the incident was initiated in the school or on school grounds, or 2.) even if the incident occurred or was initiated off school grounds and during non-school time; if after the occurrence there was a reasonable likelihood that return of the student to school would have a disruptive effect on the educational system in any of the following ways:

1. The school's orderly operations;

2. The safety of the school property;

3. The welfare of the persons who work or study there;

4. Violation of Board of Education policy

5. Use, possession, sale or distribution of illegal drugs

6. Violent conduct

7. Making a bomb threat

8. Threatening to harm or kill another student or staff member

A student who possessed and used a firearm, deadly weapon, dangerous instrument or martial arts weapon in the commission of a crime off-campus shall be expelled for one calendar year unless said expulsion is modified on an individual case basis.

Legal Reference:

Connecticut General Statutes

4-176e through 4-185 Uniform Administrative Procedure Act.

10-233a through 10-233f re in-school suspension, suspension, expulsion, as amended by PA 96-244.

29-35 Carrying of pistol or revolver without permit prohibited.

53a-3 Firearms and deadly weapons.

53-206 Carrying and sale of dangerous weapons.

53a-217b Possession of firearms and deadly weapons on school grounds.

PA 94.221 An Act Concerning School Safety.

18 U.S.C. 921 Definitions

PL 103-382 Elementary and Secondary Education Act. (Sec. 14601 - Gun Free

Requirements: Gun Free School Act of 1994)

PA 95-304 An Act Concerning School Safety

PA 96-244 An Act Concerning Revisions to the Education Statutes

Kyle P. Packer PPA Jane Packet v. Thomaston Board of Education (SC15862)

29-38 Weapons in Vehicles

Policy Revised: October 22, 2018

June 25, 2018

May 13, 2013

Students

Electronic Devices

5131.81

The Board adopts this policy in order to maintain/promote an educational environment that is safe and secure for district students and employees. The Board establishes that the acceptable use of electronic devices is to support instruction and as a means of communication under approved circumstances.

Privately owned electronic devices shall include all devices that can take photographs; record audio or video data; store, transmit or receive messages or images; or provide a wireless, filtered or unfiltered connection to the Internet. Examples of these electronic devices include, but shall not be limited to, iPods, MP3 players, handheld game consoles, cellular telephones, laptop computers, and tablets as well as any new technology developed with similar capabilities.

The Board prohibits the use of these privately owned electronic devices by students during the school day, unless directed by school personnel to utilize them.

The Board prohibits possession of laser pointers and attachments and telephone paging devices/beepers by students in District buildings; on District property; on District buses and vehicles; and at school-sponsored activities. 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 e-mailing. Recording of video, audio, or still imaging without teacher or administrator authorization is prohibited. Such violations may constitute a crime under state and/or federal law. Therefore, the district may report such conduct to state and/or federal law enforcement agencies.

Such prohibited activity shall also apply to student conduct that occurs off school property if:

1. There is a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or school-sponsored activities.

2. 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.

3. The conduct has a direct nexus to attendance at school or a school sponsored-activity, such as an agreement made on school property to complete a transaction outside of school that would violate the Code of Student Conduct.

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.

Violations of this policy by a student shall result in disciplinary action and may/shall result in confiscation of the electronic device. The confiscated item shall not be returned until a conference has been held with a parent/guardian.

Exceptions

Exception to the above policy may be approved by the building administrator.

(cf. 5114 – Suspension and Expulsion/Due Process)

(cf. 5131 – Conduct)

(cf. 5131.8 – Off School Grounds Misconduct)

(cf. 5131.82 – Restrictions on Publications and Written or Electronic Material)

(cf. 5131.911 – Bullying)

(cf. 5131.913 – Cyberbullying)

(cf. 5144 – Discipline/Punishment)

(cf. 5145.5 – Sexual Harassment)

(cf. 5145.51 – Peer Sexual Harassment)

Legal Reference: Connecticut General Statutes

10-233j Student possession and use of telecommunications devices

Eisner v. Stamford Board of Education, 440 F. 2d 803 (2nd Cir 1971)

Trachtman v. Anker, 563 F. 2d 512 (2nd Cir. 1977) cert. denied, 435 U.S. 925 (1978) Hazelwood School District v. Ruhlmeir, 484 U.S. 260, 108 S Ct 562 (1988)

Bethel School District v. Fraser, 478 US 675 (1986)

Tinker v. Des Moines Independent Community Dist., 393 US 503, (1969)

Policy Revised: June 24, 2019

June 24, 2013

June 25, 2007

Students

Use of Electronic Devices 5131.82 - Policy Deleted 6-24-2019

Students

Gang Activity or Association 5131.9

Gangs which initiate, advocate, or promote activities which threaten the safety or well-being of persons or property on school grounds or at school-related activities, or which disrupt the school educational environment are harmful to the educational process. The use of hand signals or graffiti; the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or any other attribute indicates or implies membership or affiliation with such a group presents a clear and present danger and is prohibited. This is contrary to the school environment and educational objectives and creates an atmosphere where unlawful acts or violations of school regulations may occur.

Incidents involving initiations, hazings, intimidations, and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students are prohibited and subject to disciplinary actions.

(cf. 5114 – Suspension/Expulsion; Student Due Process)

(cf. 5113.2 – Truancy)

(cf. 5131 – Conduct)

(cf. 5131.5 – Vandalism)

(cf. 5131.6 – Drugs, Tobacco, Alcohol)

(cf. 5131.8 – Out of Schools Misconduct)

(cf. 5131.81 – Use of Electronic Devices (Beepers, Cell Phones))

(cf. 5131.911 – Bullying)

(cf. 5132 – Student Dress and Grooming)

(cf. 5145.12 – Search and Seizure)

Legal Reference: Connecticut General Statutes

7-294l State and local police training programs to provide training on gang-related violence.

7-294x Council to provide training to public school security personnel

10-16b Prescribed courses of study.

10-221 Boards of education to prescribe rules

29-7n Record and classification of gang-related crimes.

10-233a through 10-233f re in-school suspension, suspension and expulsion.

53-206 Carrying and sale of dangerous weapons.

53a-217b Possession of firearms and deadly weapons on school grounds.

Tinker vs. Des Moines Community School District (393 U.S. 503. 1969)

Jeglin v. San Jacinto Unified School District (827F. Supp. 1459-C.D.Ca. 1993)

Olesen v. Board of Education School District No. 228 (676F. Supp. 820-N.D. Ill. 1987)

Policy Reviewed: May 14, 2018

May 13, 2013

Policy Revised: March 13, 2006

Students

Bullying Behavior/Cyberbullying/Hazing 5131.911

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The Board of Education (Board) promotes a safe and positive school climate, conducive to teaching and learning that is free from threat, harassment and any type of bullying behavior. Therefore it shall be the policy of the Board that bullying of a student by another student is prohibited.

The Board believes that a school environment in which students feel safe, supported, engaged and helpfully challenged is optimal for learning and healthy development. The Board seeks an environment in which students and adults feel socially, emotionally, intellectually and physically safe; an environment that is free of harassment, intimidation and bullying.

Definitions

Bullying means the repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district that:

A. causes physical or emotional harm to such student or damage to such student’s

property,

B. places such student in reasonable fear of harm to himself or herself, or of damage to

his or her property,

C. creates a hostile environment at school for such student,

D. infringes on the rights of such student at school, or

E. substantially disrupts the education process or the orderly operation of a school.

Bullying shall include, but not be limited to, a written, oral, or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association

with an individual or group who has or is perceived to have one or more of such characteristics.

Examples of bullying include, but are not limited to:

physical violence and attacks

2. verbal taunts, name-calling and/or put-downs including ethnically-based or

gender-based verbal put-downs

3. threats and intimidation

4. extortion or stealing of money and/or possessions

5. exclusion from peer groups within the school

6. The misuse of electronic communications for the purpose of bullying,

harassing, or sexually harassing other students within school or out of school

(“cyberbullying”)

7. Targeting of a student based on the student’s actual or perceived

“differentiating” characteristics such as race; color; religion; ancestry; national

origin; gender; sexual orientation; gender identity or expression;

socioeconomic or academic status; physical appearance; or mental, physical,

developmental, or sensory disability.

Cyberbullying means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

Hazing is any action taken or any situation created intentionally that causes embarrassment, harassment or ridicule and risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of the person's willingness to participate.

Teen dating violence means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening that occurs between two students who are currently in or have recently been in a dating relationship.

Mobile electronic device means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant,

a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.

Electronic communication means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system.

Hostile environment means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate;

Outside of the school setting means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned, leased or used by a local or regional board of education.

School employee means (a) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (b) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

School climate means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among students and adults. (and reflects norms, values, interpersonal relationships, teaching and learning practices and organizational structures.)

Bullying is not acceptable behavior in this district and is prohibited. Such conduct is disruptive of the educational process.

Students who engage in any act of bullying, on school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by the Board of Education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board of Education, and outside of the school setting if such bullying:

1. creates a hostile environment at school for the victim,

2. infringes on the rights of the victim at school, or

3. substantially disrupts the education process or the orderly operation of a

school, are subject to appropriate disciplinary action up to and including

suspension, expulsion and/or referral to law enforcement officials.

A comprehensive program, to improve the school climate, involving everyone in the schools and the community, to address bullying at all school levels is essential to reducing incidences of bullying. Such a program must involve interventions at all levels: school-wide, classroom, and individual.

The District’s Program:

1. Requires the development and implementation of a safe school climate plan by the Board of Education to address the existence of bullying and teen dating violence in its schools;

2. Permits anonymous reports of bullying or teen dating violence by students to school employees and written reports of suspected bullying or teen dating violence by parents or guardians and requires at the beginning of each school year that students and their parents/guardians be notified of the process by which students may make such reports;

3. Requires school employees who witness acts of bullying or teen dating violence or receive reports of bullying or teen dating violence to orally notify the safe school climate specialist or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such an oral report;

4. Requires the safe school climate specialist to investigate or supervise the investigation of all reports of bullying or teen dating violence and ensure that such investigation is completed promptly after receipt of any written report and that the parents or guardians of the student alleged to have committed an act or acts of bullying or teen dating violence and the parents or guardians of the student against whom such alleged act or acts were directed receive prompt notice that such investigation has commenced;

5. Requires the safe school climate specialist to review any anonymous reports, except

that no disciplinary action shall be taken solely on the basis of an anonymous report;

6. Requires each school to have a prevention and intervention strategy, as defined by

statute, as amended, for school employees to deal with bullying or teen dating violence,

including language about bullying and teen dating violence in student codes of conduct

and in all student handbooks;

7. Provides for the inclusion of language in student codes of conduct concerning

bullying and teen dating violence;

8. Requires each school to notify parents or guardians of all students involved in a

verified act of bullying or teen dating violence not later than forty-eight hours after the

completion of the investigation. The notice shall be simultaneously mailed to the

parent/guardian with whom the student primarily resides and to the other

parent/guardian if requested. The notice must describe the school’s response and any

consequences that may result from further acts of bullying or school dating violence;

9. Requires each school to invite the parents/guardians of a student against whom

such act was directed to a meeting to communicate to such parents/guardians the

measures being taken by the school to ensure the safety of the students against whom

such act of bullying was directed and the policies and procedures in place to prevent

further acts of bullying and teen dating violence;

10. Requires each school to invite the parents or guardians of a student who commits

any verified act of bullying or teen dating violence to a meeting, separate and distinct

from the meeting of the parents/guardians of the student against whom the act of

bullying or teen dating violence was directed, to discuss specific interventions

undertaken by the school to prevent further acts of bullying and teen dating violence;

11.. Establishes a procedure for each school to document and maintain records relating

to reports and investigations of bullying and teen dating violence in such school and

make such list publicly available; and report such number to the Department of

Education and in such manner as prescribed by the Commissioner of Education;

12. Requires the development of case-by-case interventions for addressing reported

incidents of bullying or teen dating violence against a single individual or recurrently

perpetrated bullying incidents by the same individual that may include both counseling

and discipline;

13. Prohibits discrimination and retaliation against an individual who reports or assists in

the investigation of an act of bullying or teen dating violence;

14. Requires the development of student safety support plans for students against

whom an act of bullying or teen dating violence was directed that addresses safety

measures the school will take to protect such students against further acts of bullying or

teen dating violence;

15. Requires the principal of a school or the principal’s designee, to notify the

appropriate local law enforcement agency when such principal or the principal’s

designee believes that any acts of bullying or teen dating violence constitute criminal

conduct;

16. Prohibits bullying and teen dating violence (A) on school grounds, at a

school-sponsored or school-related activity, function or program whether on or off

school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or

used by a local or regional board of education, or through the use of an electronic

device or an electronic mobile device owned, leased or used by the local or regional

board of education, and (B) outside of the school setting if such bullying or teen dating

violence (i) creates a hostile environment at school for the student against whom such

bullying was directed, (ii) infringes on the rights of the student against whom such

bullying or teen dating violence was directed at school, or (iii) substantially disrupts the

education process or the orderly operation of a school;

17. Requires, at the beginning of each school year, for each school to provide all school

employees with a written or electronic copy of the school district’s safe school climate

plan;

18. Requires all school employees to annually complete the training required by C.G.S.

10-220a, as amended. Such training shall include identifying and responding to bullying

and preventing and responding to youth suicide;

19. Requires students and the parents/guardians of students to be notified at the

beginning of the school year of the process by which they may make reports of bullying

or teen dating violence;

20. Requires the Board of Education to approve the safe school climate plan developed pursuant to statute and submit such plan to the Department of Education for its review, analysis, cooperative assistance and approval no later than July 1, 2014;

21. Requires that not later than thirty calendar days after approval by the State

Department of Education, the safe school climate plan shall be made available on the

Board’s and each individual school in the District’s Internet website and such plan is to

be included in the District’s publication of the rules, procedures and standards of

conduct for schools and in all student handbooks.

The Board expects prompt and reasonable investigations of alleged acts of bullying and teen dating violence. The safe school climate specialist of each school is responsible for handling all complaints of alleged bullying and teen dating violence. The safe climate specialist shall investigate or supervise the investigation of all reports of bullying and teen dating violence promptly.

In addition, the norms that are established by adults through consistent enforcement of all policies pertaining to conduct and modeling appropriate behavior at school and at home will reduce the instances and damages of bullying and teen dating violence. It is necessary for students to promote the concept that caring for others is a valued quality, one that is accepted and encouraged.

Prevention and Intervention Strategy

The District shall implement, as required by C.G.S. 10-222d, as amended, a prevention and intervention strategy which may include, but is not limited to:

1. Implementation of a Positive Behavioral Interventions and Supports (PBIS) process

or another evidence-based model approach for safe school climate or for the prevention

of bullying and teen dating violence identified by the Department of Education.

2. School rules prohibiting bullying, teen dating violence, harassment, and intimidation

and establishing appropriate consequences for those who engage in such acts.

3. Adequate adult supervision of outdoor areas, hallways, the lunchroom, and other

specific areas where bullying or teen dating violence is likely to occur.

4. Inclusion of grade-appropriate bullying and teen dating violence education and

prevention curricula in kindergarten through high school.

5. Individual interventions with the bully or student who commits teen dating violence,

parents and school employees and interventions with the students against whom the

acts of bullying and teen dating violence are directed, parents, and school employees.

6. School wide training related to safe school climate.

7. Student peer training, education and support.

8. Promotion of parent involvement in bullying and teen dating violence prevention

through individual or team participation in meetings, trainings, and individual

interventions.

9. Culturally competent school-based curriculum focusing on social-emotional learning,

self-awareness and self-regulation.

District Safe School Climate Coordinator

The Superintendent of Schools shall appoint, from among existing District staff, a

District Safe School Climate Coordinator.

The Coordinator shall:

1. Implement the District’s safe school climate plan;

2. Collaborate with safe school climate specialists, the Board, and the

Superintendent to prevent, identify, and respond to bullying and teen dating

violence in District schools;

3. Provide data and information derived from the safe school climate

assessments, in collaboration with the Superintendent, to the Department of

Education; and

4. Meet with the safe school climate specialists at least twice during the school

year to discuss bullying and teen dating violence issues in the District and

make recommended changes to the District’s safe school climate plan.

Safe School Climate Specialist

Each school Principal shall serve, or designate someone to serve, as the Safe School Climate Specialist for the school.

The Specialist in each school shall:

1. Investigate or supervise the investigation of reported acts of bullying or teen

dating violence in the school in accordance with the District’s Safe School

Climate Plan;

2. Collect and maintain records of reports and investigations of bullying and teen

dating violence in the school; and

3. Act as the primary school official responsible for preventing, identifying and

responding to bullying and teen dating violence reports in the school.

Safe School Climate Committee

The Principal of each District school shall establish a new committee or designate at least one existing committee that is responsible for developing and fostering a safe school climate and addressing issues related to bullying in the school. The committee must include at least one parent/guardian of a student enrolled in the school, appointed by the Principal.

The Safe School Climate Committee shall:

1. Receive copies of completed reports following investigations of bullying;

2. Identify and address patterns of bullying and teen dating violence among students in the school;

3. Review and amend school regulations relating to bullying and teen dating

violence;

4. Review and make recommendation to the District Safe School Climate

Coordinator regarding the District’s Safe Climate Plan based on issues and

experiences specific to the school;

5. Educate students, school employees and parents and guardians of students

on issues relating to bullying and teen dating violence;

6. Collaborate with the District Safe School Climate Coordinator in the collection

of data regarding bullying and teen dating violence; and

7. Perform any other duties as determined by the School Principal that are

related to the prevention, identification and response to school bullying and

teen dating violence for the school.

Parent members of the Safe School Climate Committee are excluded from activities #1 and #2 above and from any other committee activities that may compromise student confidentiality.

As part of this policy, the Board of Education shall develop and implement a Safe School Climate Plan to address the existence of bullying and teen dating violence in its schools. Such plan shall establish deadlines for reporting, investigating, and notifying parents and guardians about bullying and teen dating violence incidents; prohibit retaliation against those who report bullying and teen dating violence; and require school officials to notify law enforcement officials when it is believed that bullying or teen dating violence conduct constitutes a crime.

The Superintendent shall develop rules and procedures, which carry out the provisions of this policy. In addition, the Superintendent shall notify students and parents of students of this prohibition against bullying and teen dating violence and the penalties for violating the prohibition by ensuring the posting of such information at each school and by ensuring inclusion of such information in student and parent handbooks.

This policy shall not be interpreted to prohibit a reasonable and civil exchange of opinions, or debate that is protected by state or federal law.

(cf. 0521 – Nondiscrimination)

(cf. 4131 – Staff Development)

(cf. 5114 – Suspension and Expulsion/Due Process)

(cf. 5131 – Conduct at School and School Related Activities)

(cf. 5131.8 – Out-of-School conduct)

(cf. 5145.51 – Sexual Harassment)

(cf. 5157– Equal Educational Opportunity)

(cf. 6121 – Nondiscrimination)

Legal Reference: Connecticut General Statutes

10-15b Access of parent or guardian to student’s records. Inspection and subpoena of

school or student records.

10-222d Policy on bullying behavior as amended by PA 08-160 and PA 11-232.

PA 06-115 An Act Concerning Bullying Policies in Schools and Notices Sent to Parents or

Legal Guardians.

PA 11-232 An Act Concerning the Strengthening of School Bullying Laws.

PA 14-172 An Act Concerning Improving Employment Opportunities through Education and Ensuring Safe School Climates.

Revised: June 25, 2018

June 8, 2015

May 14, 2012

June 8, 2009

April 9, 2007

January 27, 2003

Students

Dress and Grooming 5132

Students shall dress in clothing appropriate to the school situation. Restrictions on freedom of student dress may be applied whenever the mode of dress in question:

is unsafe either for the student or those around the student;

is disruptive to school operations and the education process in general;

is contrary to law.

No restrictions on freedom of dress and adornment will be imposed which:

are discriminatory;

enforce particular codes of morality or religious tenets;

attempt to dictate or adjudicate style or taste;

do not fall within the direct or implied powers of the Board of Education.

The administration will establish regulations consistent with this policy through cooperative planning with staff, students and parents. Regulations will be outlined in the Student Handbooks.

Policy Reviewed: June 25, 2018

May 13, 2013

Students

Married/Pregnant Students 5134

Page 1 of 1

Married students shall have the same educational opportunities as unmarried students, and the Board of Education's responsibility for the education of all school-age children includes pregnant students, whether married or unmarried, who shall be allowed to remain in school and be provided appropriate support services as a part of the school program. School Administrators shall provide assistance and support to encourage pregnant and parenting students to remain enrolled in school and graduate.

A pregnant student may remain in her regular school program so long as her physical and emotional condition permits. Any variation from a pregnant student's continuance in regular classes shall be based upon her specific needs. Homebound and hospitalized instruction shall be provided only when the Planning and Placement Team (PPT) or the 504 Team finds that it is in the best interest of the student.

A student who is under age 16 and a mother may request permission from the board to attend adult education classes in lieu of the regular school program. Transportation shall not be the responsibility of the school system if a student chooses to attend adult education classes.

(cf. 6200 - Adult Continuing Education)

Legal Reference:

Connecticut General Statutes

10-184 Duties of parents.

10-186 Duties of local and regional boards of education re school attendance.

State Board of Education Regulations

10-76a-35 Educationally exceptional children.

10-76d-15 Homebound and hospitalized instruction (subsection b4).

10-76d (e)(2) Duties and powers of boards of education to provide special education programs and

services.

Policy Revised:June 25, 2018

February 25, 2013

Student

Student Health Services

School District Medical Advisor: The Board shall appoint a school district medical advisor and appropriate medical support service personnel including nurses.

The school district medical advisor, in cooperation with the Board and the board of health/health department for the school district, shall:

1. Plan and administer each school's health program,

2. Advise on the provision of school health services,

3. Provide consultation on the school health environment, and

4. Perform any other duties as agreed between the advisor and the appointing board

of education.

School Health Initiatives: School health efforts shall be directed toward detection and prevention of health problems and to emergency treatment, and include the following student health services:

Appraising the health status of student and school personnel;

2. Counseling students, parents, and others concerning the findings of health

examination;

3. Encouraging correction of defects;

4. Helping prevent and control disease;

5. Providing emergency care for student injury and sudden illness;

6. Maintaining school health records.

Health Records: There shall be a health record maintained in the school nurse’s room for

each student enrolled in the school district. For the purposes of confidentiality, records will be

treated in the same manner as the student's cumulative academic record.

Student health records are covered by the Family Education Rights and Privacy Act

(FERPA) and are exempt from the Health Insurance Portability Accountability Act (HIPPA).

However, it is recognized that obtaining medical information from health care providers will

require schools to have proper authorization and to inform parents that such information once

released by health care providers is no longer protected under HIPAA but is covered under

FERPA.

Regular Health Assessments: Prior to enrollment, and prior to preschool, kindergarten,

grade 7 and grade 11 each child shall have a health assessment completed by one of the

following medical personnel of the parents or guardians choosing to ascertain whether the student has

any physical disability or other health problem tending to prevent him or her from receiving the full

benefit of school work and to ascertain whether such school work should be modified in order to

prevent injury to the student or to secure for the student a suitable program of education:

1. a legally qualified physician;

2. an advanced practice registered nurse;

3. a registered nurse;

4. a physician's assistant;

5. a school medical advisor;

6. a legally qualified practitioner of medicine, an advanced practice registered

nurse or a physician assistant stationed at any military base.

Such physical examination/health assessment shall include: Vision, hearing, postural, and

gross dental screenings; hematocrit or hemoglobin tests, measurement of height, weight, and

blood pressure, a risk assessment for tuberculosis and test results when done, and an

updating of immunizations as required under C. G. S. 10-204a as periodically amended and

the Department of Public Health, Public Health Code, 10-204a-2a, 10-204-3a and 10-204a-4.;

(Students born in high risk countries and entering school in Connecticut for the first time

should receive either TST (tuberculin skin test) or IGRA (interferon gamma release assay).

Any individual found to be positive shall have an appropriate medical management plan

developed that includes a chest radiograph. Students not already known to have a positive

test for tuberculosis shall be tested if they meet any of the risk factors for TB infection, as

described in the administrative regulations accompanying this policy); and any other

information, including a health history, as the authorized medical personnel believes to be

necessary and appropriate.

A child may not be allowed to begin or continue in district schools unless health assessments

are performed as required. Students transferring into the district must provide evidence of

required Connecticut vaccinations, immunizations, tuberculosis assessments and health

assessments at the time of enrollment and prior to school attendance.

Health assessments will be provided by the school medical advisor or the advisor's designee

without charge to all students whose parents or guardians meet the eligibility requirement of

free and reduced priced meals under the National School Lunch Program or for free milk

under the special milk program.

The Board of Education shall annually designate a representative to receive reports of health

assessments and immunizations from health care providers.

Health assessment results and recommendations signed by the examining physician or

authorized medical personnel shall be recorded on forms provided by the Connecticut State

Board of Education and kept on file in the school the student attends. Upon written

authorization from the student's parent or guardian, original cumulative health records shall be

sent to the chief administrative officer of the school district to which such student moves, and

a true copy of the student's cumulative health records will remain with the student's academic

records. The Superintendent of Schools or designee, shall notify parents of any health-related

problems detected in health assessments and shall make reasonable efforts to assure that

further testing and treatment is provided, including advice on obtaining such required testing

or treatment.

Students who are in violation of board requirements for health assessments and

immunizations will be excluded from school after appropriate parental notice and warning.

Vision Screening: All students will be screened for vision in kindergarten, grade one and three to five inclusive. A Snellen chart, or equivalent screening, will be used by the school nurse or school health aide. Additional vision screenings will also be conducted in response to appropriate requests from parents/guardians or professionals working with the student in question. Results will be recorded in the student’s health record on forms supplied by the Connecticut State Board of Education, and the Superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any defect of vision, with a brief statement describing such defect or disease.

As necessary, special educational provisions shall be made for students with disabilities.

Hearing Screening: All students will be screened for possible hearing impairments in kindergarten, grade one and three to five inclusive. Additional audiometric screenings will be conducted in response to appropriate requests from parents/guardians or professionals working with the student. Results will be recorded in the student's health record on forms supplied by the Connecticut State Board of Education, and the Superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any defect of hearing with a brief statement describing such defect or disease.

Postural Screening: School nurses will screen all female students in grades 5 and 7 and male students in grade 9 for scoliosis or other postural problems. Additional postural screenings will also be conducted in response to appropriate requests from parents/guardians or professionals working with the student. Results will be recorded in the student's health record on forms supplied by the Connecticut State Board of Education, and the Superintendent shall cause a written notice to be given to the parent or guardian of each student found to have any postural defect or problem, with a brief statement describing such defect or disease.

As necessary, special educational provisions shall be made for students with disabilities.

Tuberculin Testing: Connecticut General Statutes mandate that each student have a health assessment at least three times during his/her school education. A student is defined as a child attending prekindergarten (PK) through grade 12, including Head Start, school readiness or other PK programs administered by a local regional board of health.

It is recommended that at each mandated health screening, students will be screened for their “risk” of exposure to tuberculosis (TB). Any child determined to be at risk for exposure should be given a TB test. Anyone found to be positive must have appropriate medical management plan.

Students born in high risk countries who are entering schools in Connecticut for the first time should receive either a TST (tuberculin skin test) or an IGRA (interferon-gamma release assay). Anyone found to be positive shall have an appropriate medical management plan developed that include a chest radiograph.

A test for tuberculosis should be performed if any of the following risk factors prevail:

1. birth in a high risk country of the world see list of countries in Appendix and do not

have a record of a TST (tuberculin skin test) or IGRA (interferon-gamma release

assay) performed in the United States;

2. travel to a high risk country, staying at least a week with substantial contact with the

indigenous population since the previously required examination;

3. extensive contact with persons who have recently come to the United States since the

previously required examination;

4. contact with persons suspected to have tuberculosis, or

5. lives with anyone who has been in a homeless shelter, jail or prison, uses illegal drugs

or has an HIV infection.

Immunizations/Vaccinations: No student will be allowed to enroll in district schools without adequate immunization as per state law. Currently this includes the following:

1. Measles

2. Rubella

3. Poliomyelitis

4. Diphtheria

5. Tetanus

6. Pertussis

7. Mumps

8. Hemophilus influenza type B (Hib)

9. Varicella (chicken pox)

10. Hepatitis B

11. Hepatitis A

12. Pneumococcal disease

13. Meningococcal disease

14. Influenza (prior to December 31 of the current school year) for Preschool

15. Any other vaccine required by section 19a-7f, Connecticut General Statutes

All students in grades K-12 are required to have received 2 doses of measles, mumps and rubella vaccine or serologic proof of immunity. All students in grade K-12 are required to show proof of having received 2 doses of varicella vaccine, laboratory confirmation of immunity or present a written statement signed by a physician, physician assistant or advanced practice registered nurse indicating the individual has had varicella based on family or medical history. (Varicella requirement effective August 1, 2011)

All seventh grade students must show proof of 1 dose of meningococcal vaccine and 1 dose of Tdap in addition to the completion of the primary DTP series.

Students shall be exempt from the appropriate provisions of this policy when:

they present a certificate from a physician or local health agency stating that initial immunizations have been given and additional immunizations are in process under guidelines and schedules specified by the Commissioner of Health Services; or

they present a certificate from a physician stating that in the opinion of such physician, immunization is medically contraindicated because of the physical condition of such child; or

they present a statement from their parents or guardians that such immunization would be contrary to the religious beliefs of such child or his/her parents/guardians; such statement to be officially acknowledged by a notary public or a judge, a court clerk/deputy clerk, a town clerk, a justice of the peace, a Connecticut attorney, or a school nurse; or

in the case of measles, mumps or rubella, present a certificate from a physician, physician’s assistant (PA) or an advanced practice nurse (APRN) or from the Director of Health in such child's present or previous town of residence, stating that the child has had a confirmed case of such disease; or

in the case of hemophilus influenza type B has passed his or her fifth birthday; or

in the case of diphtheria, tetanus and pertussis, has a medical exemption confirmed in writing by a physician, PA, or APRN (per C.G.S. 19a-7f).

The school nurse supervisor will report to the local director of health any occurrence of State of Connecticut defined reportable communicable diseases.

Visiting and/or Exchange Students: Prior to visiting VPS or participating in any school sponsored activity all students visiting from another country will be required to show proof of an up-to-date immunizations (per Connecticut Regulations) including TB assessment. If there is a positive TB test the student will need to show proof of a Quantiferon TB Gold lab result. Enrolled students will need to show proof of a current physical (less than one year old).

Health Assessments/Interscholastic Sports Program:

In accordance with CIAC standards, all student athletes must have on file in the health office proof of a pre-participation sport physical signed by the student athlete’s physician or authorized medical provider (MD, PA, APRN). The Sports physical is required annually, (within the past thirteen months) prior to the first training session for the sport or sports. Each participant in a sport program must complete a health questionnaire before participating in each sport.

Coaches and physical education staff shall insure appropriate monitoring of an athlete's physical condition.

Parents are expected to use the services of their private authorized medical provider. If a student is unable to obtain a health assessment from his/her personal medical provider for financial or other reasons, an examination can be arranged with the school medical advisor. Health assessment results shall be recorded on forms provided by the Connecticut State Board of Education, signed by the examining authorized medical provider, filed in the student's health folder, and maintained up to date by the school nurse.

Annual Student/Parent Concussion Education Plan and Consent Form Requirement: Each school year the student athlete’s parent or legal guardian will receive a copy of the informed consent form, Student/Parent Concussion Education Plan and Consent Form approved by the State Board of Education. This form is a head injury and concussion information sheet. The protocol was developed by the State Board of Education (SBE) in consultation with the Commissioner of Public Health, the Connecticut Interscholastic Athletic Association (CIAC), and the Center of Disease Control and Prevention (CDC). The parent or legal guardian must sign this form the attesting to the fact that such parent or legal guardian has received a copy of the form and authorizes the student athlete to participate in the athletic activity. The coach of the athletic activity will review these forms and verify that both the student athlete and parent/guardian have signed the form. Student athletes with incomplete forms will be prohibited from participating in the intramural or interscholastic activity.

Sudden Cardiac Arrest Awareness Annual Review: Each school year, prior to participation in an intramural or interscholastic athletic activity, parent/guardians of students participating to in intramural or interscholastic athletics shall sign and return to the coach the SBE developed and approved informed consent form on sudden cardiac arrest. The form shall include a summary of the (1) program and (2) applicable Board policies on sudden cardiac arrests. The coach must obtain the signature of the parent or legal guardian acknowledging that the parent or legal guardian has received the form and authorizes the student to participate before allowing the athlete to participate in such activities.

Student Medical Care at School: School personnel are responsible for the immediate care necessary for a student whose sickness or injury occurs on the school premises during school hours or in school-sponsored and supervised activities.

Schools shall maintain files of Emergency Information cards for all students. If a child's injury requires immediate care, the parent or guardian will be called by telephone by the nurse, the building Principal, or other personnel designated by the Principal, and advised of the pupil's student’s condition. When immediate medical or dental attention is indicated, and when parents or guardians cannot be reached, the student will be transported to the nearest hospital. In this event, the family physician/dentist and school district medical advisor will be notified of school district actions.

References

(cf. 5142 - Student Safety)

(cf. 5141.4 - Child Abuse and Neglect)

(cf. 5141.5 - Suicide Prevention)

(cf. 6142.1 - Family Life and Sex Education)

(cf. 6142.5 - Interscholastic/Intramural Athletics)

(cf. 6171 - Special Education)

Legal Reference:

Connecticut General Statutes

10-203 Sanitation.

10-204 Vaccination.

10-204a Required immunizations (as amended by PA 15-174 and PA 15-242)

10-204c Immunity from liability

10-205 Appointment of school medical advisors.

10-206 Health assessments (as amended by P.A. 11-179)

10-207 Duties of medical advisers, (as amended by P.A. 12-198)

10-208 Exemption from examination or treatment

10-208a Physical activity of student restricted; boards to honor notice.

10-209 Records not to be public.

10-210 Notice of disease to be given parent or guardian.

10-212 School nurses and nurse practitioners

10-213 Dental hygienists.

10-214 Vision, audiometric and postural screenings: When required; notification of parents re defects;

record of results.

10-214a Eye protective devices.

10-214b Compliance report by local or regional Board of Education.

10-217a Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools.

PA 14-93 An Act Concerning Sudden Cardiac Arrest Prevention

PA 10-62 An Act Concerning Student Athletes and Concussions

PA 14-66 An Act Concerning Youth Athletics and Concussions

Concussion Education Plan and Guidelines for Connecticut Schools, SDE 1/2015

Returning to School After a Concussion: A Fact Sheet for School Professionals, www.cdc.gov/Concussion

PA 15-215, substitute House Bill No. 7023

HIPAA Privacy Rule 1996 45 CFR § 164.512(b) and, 42 U.S.C. 1396s(c)(2)

Department of Public Health, Public Health Code – 10-204a, 10-204a-3a and 10-204a

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.I. 93-568, codified at 20 U.S.C. 1232g

42 U.S.C. 1320d-1320d-8, P.I.104-191, Health Insurance Portability and Accountability Act of 1996 (HIPPA)

Revised: June 11, 2018

April 16, 2018

February 21, 2016

February 24, 2015

January 12, 2004

Students 5141.21

Administration of Medication Policy

Pg. 1 of 3

Purpose: To promote the safe administration of medications to students in order to maintain their health, support their learning, and intervene in medical emergencies.

The Vernon Board of Education shall adopt written policies and procedures, in accordance with C.G.S., Section 10-212a and Connecticut regulations, Section 10-

212a-1 through Section 10-212a-10. Pursuant to the regulations, Section 10-212a-2 (a) (4), the Board, with the advice and approval of the school medical advisor and health services supervisor, shall review and revise the policy and procedures concerning medication administration in school as needed, but at least biennially, except that the policy and procedures specific to Before and After School Programs shall be reviewed on an annual basis. Once so approved, administration of medication in Vernon Public Schools shall be in accordance with the policy, procedures and health services protocols of Vernon Public Schools for the administration of medications.

A request to administer medication during school hours requires a written order of an authorized prescriber (physician, dentist, optometrist, advanced practice registered nurse or physician assistant and for interscholastic and intramural athletic events only, a podiatrist) and written permission from the parent or guardian in accordance with the regulations and guidelines approved by the Vernon Board of Education.

In the absence of a school nurse, any other nurse licensed pursuant to the provisions of chapter 378, a full-time principal, full- time teacher, full-time licensed physical or occupational therapist employed by Vernon Public Schools or coach of intramural and interscholastic athletics of Vernon Public Schools who have been properly trained may administer medications to students. The previously named staff may administer oral, topical, intranasal or inhalant medications, and injectable medications with a cartridge injection by qualified personnel in schools only to a student with a medically diagnosed allergic condition, which may require prompt treatment to protect the student against serious harm or death.

Additionally, in the absence or unavailability of the school nurse qualified staff trained in the administration of an epinephrine auto-injector for a student not medically diagnosed with an allergic condition may administer the cartridge injector if there are signs or symptoms of life-threatening anaphylaxis. The required training will include instruction in cardiopulmonary resuscitation (CPR), first aid, food allergies, signs and symptoms of anaphylaxis, prevention and risk-reduction strategies regarding allergic reactions, emergency management and administration of epinephrine, follow-up procedures after a student has experienced an allergic reaction, carrying out the bill’s provisions, and any other relevant issues related to emergency first aid for students with allergic reactions.

Students 5141.21

Administration of Medication Policy Pg. 2 of 3

The school nurse or school principal shall select qualified school employees to be trained to administer such epinephrine. There shall be at least one such qualified school employee on the grounds in each school during regular school hours, (this requirement does not include after-school activities), in the absence of the school nurse. Each

school must maintain a store of epinephrine auto-injectors for such emergency use.

A school nurse or, in the absence of a school nurse, a "qualified school employee" shall maintain epinephrine in cartridge injectors for the purpose of emergency first aid to students who experience allergic reactions, who were not previously known to have serious allergies and therefore do not have a prior written authorization of a parent/guardian or a prior written order of a qualified medical professional for the administration of epinephrine.

The parent/guardian of a student may submit, annually, in writing, to the school nurse and school medical advisor, if any, that epinephrine shall not be administered to his/her child permitted by statute.

The Board permits administration of acetaminophen and/or ibuprofen under standing orders from the District’s Medical Advisor, written parental permission is required and shall be valid for the current school year.

The Board permits those students who have a verified chronic medical condition and are deemed capable to self-administer prescribed emergency medication, including rescue asthma inhalers and cartridge injectors for medically-diagnosed allergies, to self- administer such medications if approved by the prescriber, parent and school nurse.

In accordance with Connecticut General Statutes, Section 10-212a, no school nurse or other nurse, principal, or any contracted full time teacher, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional administering medication pursuant to subsection (d) of the statute shall be liable to a student, or a parent or guardian of such student, for civil damages for any personal injuries which result from acts or omissions of a school nurse or other nurse, principal, teacher, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional administering medication pursuant to subsection (d) of the statute in administering such preparations which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful or wanton negligence.

Students 5141.21

Administration of Medication Policy Pg. 3 of 3

Legal References

Connecticut General Statutes, Section 10-212a

Connecticut General Statutes, Section 20-87a

Connecticut General Statutes, Section 21a-240, 254 and -262

Connecticut regulations, Section 10-212a-1 through Section 10-212a-10, inclusive Connecticut regulations, Section

21a-262-1, 2, 3 and 8

(cf. 4112.5/4212.5 - Security Check/Fingerprinting) (cf. 5141 - Student Health Services)

(cf. 5141.23 - Students with Special Health Care Needs)

Connecticut General Statutes 10-206 Health Assessment 10-212 School nurses and nurse practitioners.

10-212a Administration of medications in schools. (as amended by PA 99-2, and June Special Session and PA 03-

211, PA 04-181, PA 07-241, PA 07-252, PA 09-155, PA 12-198 and PA 14-176) 10-220j

10-220j Blood glucose self-testing by children. Guidelines. (as amended by PA 12-198)

19a-900 Use of cartridge injector by staff member of before- or after-school program, day camp or day care facility.

21a-240 Definitions

29-17a Criminal history checks. Procedure. Fees.

52-557b Immunity from liability for emergency medical assistance first aid or medication by injection. School personnel not required to administer or render. (as amended by PA 05-144, An Act Concerning the Emergency Use of Cartridge Injectors)

Code of Federal Regulations: Title 21 Part 1307.220-12d Medical functions performed by physician assistants. Prescription authority.

20-94a Licensure as advanced practice registered nurse.

PA 07-241 An Act Concerning Minor Changes to the Education Statutes

Revised: May 14, 2018

June 8, 2015

February 25, 2013

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Communicable and Infectious Diseases 5141.22

Page 1 of 2

The Board of Education recognizes that all children have a constitutional right to a free, suitable program of educational experiences. The Board of Education has established reasonable health requirements as prerequisites to admission or attendance, including the requirement that students undergo physical examination prior to admission.

Where it can be medically established that a student suffers from a serious infectious disease, and there is a significant risk of transmission of the disease to others because of the nature of the disease or the personal characteristics of the student carrier, it may be appropriate to exclude the student from the regular classroom. The determination of exclusion of any student will be made on a case by case basis with appropriate procedural due process safeguards. However, where the risk of transmission is relatively low or appropriate procedures can be adopted to reduce the risk of transmission, exclusion is not warranted.

A child with an infectious disease may be considered disabled if the condition presents such physical impairment that limits one or more major life activities. Therefore, Section 504 of the Rehabilitation Act, the "Education of all Handicapped Children Act" (EAHCA, 1975) may apply. The parent, guardian or school administration may make a referral for determination whether the student is disabled and entitled to protection under Section 504. The Planning and Placement Team will determine whether the student is disabled or is "otherwise qualified" within the meaning of Section 504. All students should be educated in the least restrictive environment.

The district will include as part of its emergency procedure plan, a description of the actions to be taken by District personnel in case of pandemic flu outbreak or other catastrophe that disrupts District operations.

(cf. 5111 Admission)

(cf. 5142 Student Safety)

(cf. 5141 Student Health Services

(cf. 6162 Individualized Education Program/Special education Program)

Legal References:

"Education for Children with Disabilities", 20 U.S.C. 1400, et seq.

Section 505 of the Rehabilitation Act of 1973, 29 U.S.C. 706(7)(b)

"Americans with Disabilities Act"

The Family Educational Rights and Privacy Act, 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99

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Communicable and Infectious Diseases 5141.22

Page 2 of 2

Connecticut General Statutes

10-76(d)(15) Duties and powers of boards of education to provide special education programs and services.

10-154a Professional communications between teacher or nurse and student

10-207 Duties of medical advisors

10-209 Records not to be public

10-210 Quarantine of certain persons

19a-581-585 AIDS testing and medical information

Revised: June 25, 2018

February 25, 2013

Students

Students with Special Health Care Needs 5141.25

pg. 1 of 3

Accommodating Students with Special Dietary Needs (Food Allergy Management)

The purpose of this policy is to establish a safe environment for students with food allergies and to support parents regarding food allergy management. In accordance with applicable law, it is the policy of the Board of Education to provide all students, through necessary accommodations where required, the opportunity to participate fully in all school programs and activities. To that end, the District will have a Food Allergy Management Plan in place.

The focus of a Districtwide Food Allergy Management Plan shall be prevention, education, awareness, communication and emergency response. The management plan shall strike a balance between the health, social normalcy and safety needs of the individual student with life threatening food allergies and the education, health and safety needs of all students. The District Food Allergy Management Plan shall be the basis for the development of the procedural guidelines that will be implemented at the school level and provide for consistency across all schools within the district.

The goals for the Districtwide Plan include:

To maintain the health and protect the safety of children who have life-threatening food allergies in ways that are developmentally appropriate, promote self-advocacy and competence in self-care and provide appropriate educational opportunities.

To ensure that interventions and individual health care plans for students with life-threatening food allergies are based on medically accurate information and evidence-based practices.

To define a formal process for identifying, managing, and ensuring continuity of care for students with life-threatening food allergies across all transitions (Pre-K-Grade 12).

It is the policy of the Board of Education to follow the guidelines developed and promulgated by the Connecticut Department of Public Health and Department of Education for students within the District with life-threatening food allergies. Such guidelines include (1) education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector, (2) procedures for responding to life threatening allergic reactions to food, (3) a process for the development of individualized health care and food allergy action plans for every student with a life-threatening food allergy, and (4) protocols to prevent exposure to food allergies.

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Students with Special Health Care Needs 5141.25

page 2 of 3

Accommodating Students with Special Dietary Needs (Food Allergy Management)- continued

It is the Board’s expectation that specific building-based guidelines/actions will take into account the health needs and well-being of all children without discrimination or isolation of any child. It is the Board’s belief that education and open and informative communication are vital for the creation of an environment with reduced risks for all students and their families. In order to assist children with life-threatening allergies to assume more individual responsibility for maintaining their safety as they grow, it is the policy of the Board that guidelines shift as children advance through the primary grades and through secondary school.

The District’s plan for managing students with life-threatening food allergies shall be posted on the District’s website.

(cf. 5141 - Student Health Services)

(cf. 5141.21 - Administering Medication)

(cf. 5141.23 - Students with Special Health Care Needs)

(cf. 5141.3 - Health Assessments)

(cf. 5145.4 - Nondiscrimination)

Legal Reference:

Connecticut General Statutes

10-15b Access of parent or guardian to student’s records.

10-154a Professional communications between teacher or nurse and student.

10-207 Duties of medical advisors.

10-212a Administrations of medications in schools

10-212a(d) Administration of medications in schools by a paraprofessional

10-220i Transportation of students carrying cartridge injectors

52-557b Good Samaritan Law. Immunity from liability for emergency medical assistance, first aid or medication by injection

PA 05-104 An Act Concerning Food Allergies and the Prevention of Life-Threatening Incidents in Schools

PA 05-144 and 05-272 An Act Concerning the Emergency Use of Cartridge Injectors

The Regulations of Connecticut State Agencies section 10-212a through 10-212a-7

Federal Legislation

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Students with Special Health Care Needs 5141.25

pg. 3 of 3

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 ' 504; 34 C.F.R. ' 104 et seq.)

Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. '12101 et seq.; 29C.F.R. '1630 et seq.

The Family Education Rights and Privacy Act of 1974 (FERPA)

The Individuals with Disabilities Education Act of 1976 (IDEA) (20 U.S.C. ' 1400 et seq.); 34 C.F.R. ' 300 et seq.

FCS Instruction783-2, Revision 2, Meal substitution for medical or other special dietary reasons.

PA 09-155 An Act Concerning the use of Asthmatic Inhalers and Epinephrine Auto-Injectors While at School

Policy Revised: May 14, 2018

Policy Reviewed: May 13, 2013

Policy Revised: March 8, 2010

Policy Adopted: April 10, 2006

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Use of Automatic External Defibrillators (AEDs) 5141.27

pg. 1 of 1

In order to assist individuals who may experience cardiac arrest on school property, the Vernon Board of Education has acquired external defibrillators for use in each school building. The AED and trained personnel shall be available during the school’s normal operational hours and during school-sponsored athletic events and practices on school grounds. It is the policy of the Board of Education to support the use of these automatic external defibrillators by trained personnel on school property. Each school shall have school staff trained in the use of AEDs and in cardiopulmonary resuscitation (CPR).

The Board recognizes that in accordance with applicable legislation, it does not have to comply with these provisions if state, federal, or private funding is not available for AED purchasing and for school personnel training.

The Board recognizes that it may, in lieu of purchasing an AED, accept an AED donation provided the donated AED meets the U.S. Food and Drug Administration standards and the device is in compliance with the manufacturer’s maintenance schedule. The Board may also accept gifts, grants, and donations, including in-kind donations, designated for an AED purchase and the costs of (1) inspecting and maintaining the device and (2) training staff in its use.

Legal Reference:

Connecticut General Statutes

10-221 Boards of education to prescribe rules.

52-557b “Good Samaritan law.” Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render (as amended by P.A. 09-59)

P.A. 09-59 An Act Concerning Automatic External Defibrillators

P.A. 09-94 An Act Concerning the Availability of Automatic External Defibrillators in Schools

Public Law 106-505 Cardiac Arrest Survival Act

Public Law 105-170 Aviator Medical Assistance Act

Public Law 107-188 The Public Health Security and Bioterrorism Response Act

Policy Reviewed: May 14, 2018

Policy Revised: May 13, 2013

Policy Adopted: March 22, 2010

Students 5141.28

pg. 1 of 3

Sudden Cardiac Arrest Prevention

The Vernon Public Schools recognizes the importance of ensuring the safety of students participating in the District’s intramural and interscholastic athletic programs.

The purpose of this policy is to provide guidance for the recognition, prevention and treatment of Sudden Cardiac Arrest in student athletes through a sudden cardiac arrest awareness education program

Sudden Cardiac Arrest (SCA)

Sudden Cardiac Arrest (SCA) occurs when suddenly and unexpectedly the heart stops beating. In children and adolescents, the causes of SCA are varied and include heart conditions that result from abnormal heart structure or function, electrical abnormalities and outside factors such as a sudden blow to the chest, extreme overheating/dehydration, or drug use.

Victims of SCA can be brought back to life by providing chest compressions and early defibrillation with an automatic external defibrillator (AED).

Sudden Cardiac Awareness Program

The District shall follow the sudden cardiac awareness education program promulgated by the Connecticut State Board of Education (SBE). The program will include:

1. The warning signs and symptoms associated with a sudden cardiac arrest,

2. The risks associated with continuing to engage in intramural or interscholastic athletics after exhibiting such warning signs and symptoms,

3. The means of obtaining proper medical treatment for persons suspected of experiencing a sudden cardiac arrest, and

4. The proper method of allowing a student who has experienced a sudden cardiac arrest to return to intramural or interscholastic athletics.

Coach Training

Any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall annually review the State Department of Education, promulgated program (Connecticut State Department of Education and the Connecticut Interscholastic Athletic Conference Sudden Cardiac Students 5141.28

pg. 2 of 3

Sudden Cardiac Arrest Prevention

Arrest Awareness Annual Review 2015-16) on sudden cardiac arrest prevention education prior to beginning the coaching assignment for the season of such

Intramural or interscholastic athletics.

Note: The SDE may revoke the coaching permit as provided by law, of any coach who (1) does not annually review the program, (2) fails to immediately remove a student showing signs of sudden cardiac arrest, or (3) allows such student to resume participating without receiving appropriate medical clearance.

Consent Form Requirement

Each school year, prior to participation in an intramural or interscholastic athletic activity, parent/guardians of students participating to in intramural or interscholastic athletics shall sign and return to the coach the SBE developed and approved informed consent form (Parent and Legal Guardian Sudden Cardiac Arrest Awareness Informed Consent Form) on sudden cardiac arrest. The form shall include a summary of the (1) program and (2) applicable Board policies on sudden cardiac arrests. The coach must obtain the signature of the parent or legal guardian acknowledging that the parent or legal guardian has received the form and authorizes the student to participate before allowing the athlete to participate in such activities.

Removal from Play

A student who, as determined by the coach of any intramural or interscholastic athletics, game official, certified athletic trainer, licensed Physician, or other official designated by the District, exhibits warning signs, symptoms or behaviors consistent with a sudden cardiac arrest shall immediately be removed by the coach, until the student has received written clearance from Connecticut- licensed doctor, physician assistant, or advanced practice registered nurse.

Return to Play

Prior to participation, the coach shall not return a student who previously exhibited warning signs of sudden cardiac arrest to participate in any intramural or interscholastic athletics until the student receives written clearance to participate in athletics from a licensed health care professional (a licensed physician, a physician assistant, or in advance practiced registered nurse).

Students5141.28

pg. 3 of 3

Sudden Cardiac Arrest Prevention

Reference

(cf. 5141 – Student Health Services)

(cf. 5141,27 – Use of Automatic External Defibrillators)

(cf. 5141.3 – Health Assessments and Immunizations)

(cf. 6145.2 – Interscholastic/Intramural Athletics)

Legal Reference

Connecticut General Statutes

PA 14-93 An Act Concerning Sudden Cardiac Arrest Prevention

10–145b(i) Teaching Certificate

10-235 Indemnification of teachers, board members, employees and certain volunteers and students in damage suits and litigation.

10-212d Availability of automatic external defibrillators in schools. Emergency action response plans for life-threatening emergencies.

Student/Parent Sudden Cardiac Arrest Plan and Consent Form

Coach’s Sudden Cardiac Arrest Plan and Annual Review Form

Revised: May 14, 2018

June 8, 2015

Students

Health Assessments and Immunizations 5141.3

Pg. 1 of 3

The Vernon Board of Education recognizes the importance of periodic health assessments according to state health regulations.

Connecticut General Statutes mandate that each student have a health assessment three times during his/her school education. A student is defined as a child attending Pre-kindergarten (PK) through Grade12, including Head Start, school readiness or other PK programs administered by a local or regional board of education. These assessments help to determine the health status of students, facilitate the removal of disabilities to learning and find whether some special adaptation of the school program may be necessary.

The Board of Education adheres to those state laws and regulations that pertain to school immunizations and health assessments. It is the policy of the Board of Education to insure that all enrolled students are adequately immunized against communicable diseases. The Board may deny continued attendance in school to any student who fails to obtain the immunizations and health assessments required under C.G.S. 10-206.

Students who are in violation of board requirements for health assessments and/or immunizations will be excluded from school after appropriate parental notice and warning.

It is the responsibility of the Principal to insure that each student enrolled has been adequately immunized and has fulfilled the required health assessments. The school nurse shall check and document immunizations and health assessments on all students enrolling in school and to report the status to the school principal. The school nurse shall also contact parents or guardians to make them aware if immunizations and/or health assessments are insufficient or not up-to-date. The school nurse will maintain the immunization and health assessment records of each student enrolled.

Students born in high risk countries and entering school in Connecticut for the first time, should receive either TST (tuberculin skin test) or IGRA (interferon-gamma release assay). Any individual found to be positive shall have an appropriate medical

Students

Health Assessments and Immunizations Policy 5141.3

Pg. 2 of 3

management plan developed that includes chest radiograph. Students not already known to have a positive test for tuberculosis should be tested if they meet any of the risk factors for TB infection, as described in the administrative regulation accompanying this policy.

No record of any student’s medical assessment may be open to the public.

The District will annually report to the Department of Public Health and to the local health director the asthma data, pertaining to the total number of students per school and for the district, obtained through the required at assessments, including student demographics. Such required asthma diagnoses shall occur at the time of mandated health assessments: at the time of enrollment, in grade six, and in grade ten. Such asthma diagnosis shall be reported whether or not it is recorded on the health assessment form, at the aforementioned intervals. The District, as required, will participate in annual schools surveys conducted by the Department of Public Health pertaining to asthma.

Visiting and/or Exchange Students:

Prior to visiting VPS or participating in any school sponsored activity all students visiting from another country will be required to show proof of an up-to-date immunizations (per Connecticut Regulations) including TB assessment. If there is a positive TB test the student will need to show proof of a Quantiferon TB Gold lab result.

References

(cf. 5111 - Admission)

(cf. 5141.31 - Physical Examinations for School Programs)

(cf. 5125 - Student Records)

(cf. 5141 - Student Health Services)

Connecticut General Statutes

10-204a Required immunizations

10-204c Immunity from liability

10-205 Appointment of school medical adviser

10-206 Health assessments

10-207 Duties of medical advisors

10-206a Free health assessments

10-208 Exemption from examination or treatment

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Health Assessments and Immunizations Policy 5141.3

Pg. 3 of 3

10-208a Physical activity of student restricted; board to honor notice

10-209 Records not to be public. Provision of reports to school.

10-212 School nurses and nurse practitioners

10-214 Vision, audiometric and postural screenings. When required. Notification of parents re defects; record of results Department of Public Health, Public Health Code, 10-204a-2a, 10-204a-3a, 10-204a-4

Section 4 of PA 14-231

20 U.S.C. Section 1232h, No Child Left Behind Act

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g).

42 U.S.C. 1320d-1320d-8 P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Revised: June 8, 2015

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Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 1 of 9

Because the school offers a setting in which students are observed on a daily basis over extended periods of time, school personnel are in a unique position to identify abused or neglected children. The Board of Education recognizes that a student’s mental and physical health will have an effect on the student's ability to obtain the most benefit from attending school.

Connecticut General Statutes 17a-101, as amended by PA 96-246, 97-319, 02-106, 02-138 and 15-205 has defined various school employees as mandated reporters. Mandated reporters are required to report if they suspect or believe that a child has been abused, including but not limited to sexual abuse, or neglected, or placed in imminent risk of serious harm. The District shall not discharge or in any manner discriminate or retaliate against any mandated school employee who in good faith makes a report pursuant to CGS 17a-101 or is involved in any proceedings pertaining to the alleged child abuse or neglect.

In furtherance of CGS 17a-101 et.seq., and its purpose, it is the policy of the Board to require ALL EMPLOYEES of the Board to report suspected abuse and/or neglect, or imminent risk of serious harm, in accordance with the procedures set forth in this policy.

A mandated reporter’s suspicions may be based on factors including, but not limited to, observations, allegations, facts or statements by a child, victim or third party. Suspicion or belief does not require certainty or probable cause.

Recognizing child/youth abuse or neglect: The following list is not all inclusive but only serves as a guideline for mandated reporters in recognizing abuse or neglect.

Physical Injury or Abuse:

Physical injury or injuries inflicted upon the student by other than accidental means, or injuries which are at variance with the history given;

Exhibits signs of malnutrition, sexual molestation, deprivation of necessities, or

emotional maltreatment or cruel punishment.

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Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 2 of 9

Neglect:

Abandonment, denied proper care and attention (physically, emotionally, or

morally),

Is living under conditions, circumstances or associations which are injurious to

the student’s well-being, or is living in a home which cannot provide the

specialized care which the student’s physical, emotional or mental condition

requires.

Reporting of Alleged Child Abuse Inflicted by Person Responsible for Child

If a mandated reporter suspects that a student is abused, neglected or sexually assaulted, the mandated reporter must report the suspicion. It is not the responsibility of the mandated reporter to prove the alleged abuse or neglect. The principal or designee must immediately be informed. Suspected abuse believed to be caused by a person responsible for a child under the age of eighteen, in accordance with CGS 17a-101, requires a mandated reporter to report it orally by telephone or in person within twelve (12) hours to the Department of Children and Families or to the local or state police.

The principal may notify the school psychologist, social worker, nurse and/or guidance counselor of the suspected neglect, abuse, or sexual assault, one of whom may interview the student.

The principal must send a written report within 48 hours to the Commissioner of the Department of Children and Families and the local or state police. The Board directs mandated reporters to inform the building principal immediately after an oral report has been made, and the principal in turn will notify the Superintendent of Schools.

For purposes of this section pertaining to child reporting, a child includes any victim educated in a technical high school or District school and any student not part of an adult education program, unless a student in the adult education program is under the age of 18. The report shall contain the names and addresses of the child and his/her parents, or other persons responsible for his/her care, if known; age of child; gender of child; nature and extent of injuries,

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Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

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maltreatment or neglect, together with any information of previous injury or maltreatment to the child or his/her siblings; the name of the person suspected to have caused injury, maltreatment or neglect, and any other information which the reporter believes might be helpful in establishing the cause of the injury or injuries and protecting the child; the reasons such person or persons are suspected of causing such injury or injuries, maltreatment and/or sexual assault; the approximate date and time the

injury or injuries, maltreatment or neglect occurred; the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; and whatever action, if any, was taken to treat, provide shelter for or otherwise assist the child.

Reporting of Alleged Child Abuse Inflicted by School Employee

As the result of increased awareness of child abuse in our society, CGS 17a-101 requires mandated reporters to report child abuse by school employees.

In cases where the mandated reporter suspects or believes such injury has been inflicted by a school employee, he/she shall report that suspicion orally or in person to the Department of Children and Families within twelve (12) hours, followed by a written report within forty eight (48) hours.

The Superintendent or supervising agent shall be notified immediately after the oral report has been made and shall also receive a copy of the written report except when that person is the alleged perpetrator.

The Superintendent shall immediately notify the child's parent or other person responsible for the child's care that a report has been made.

The written report to the Commissioner of the Department of Children and Families or his/her representative, concerning a school employee who possesses a certificate, permit or authorization issued by the State Board of Education, shall also be sent by the Superintendent to the Commissioner of Education or his/her representative.

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Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

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For purposes of this section pertaining to child reporting of abuse inflicted on a student by a school employee, a child includes any victim educated in a technical high school or District school and any student not a part of an adult education program, unless a student in the adult education program is under the age of 18. The report shall contain the names and addresses of the child and his/her parents, or other persons responsible for his/her care, if known; age of child; gender of child; the nature and extent of injuries, maltreatment or neglect, together with any information of previous injury or maltreatment to the child or his/her siblings; the name of the person suspected

to have caused injury, maltreatment or neglect and any other information which the reporter believes might be helpful in establishing the cause of the injury or injuries and protecting the child; the reasons such person or persons are suspected of causing such injury or injuries, maltreatment and/or sexual assault; the approximate date and time the injury or injuries, maltreatment or neglect occurred; the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; and whatever action, if any, was taken to treat, provide shelter for or otherwise assist the child.

Any person who intentionally and unreasonably interferes with or prevents the making of the required report or attempts to conspire to do so shall be guilty of a class D felony, unless such individual is a child under eighteen years of age or a student who is not enrolled in an adult education program.

The Superintendent is obligated to immediately begin the investigation of the report with the Department of Children and Families. The Superintendent may request assistance from the local police or state police in the investigation.

If the Superintendent finds evidence of child abuse by a school employee, he/she must immediately notify the child's parent/guardian, the local or state police, the Commissioner of Children and Families or his/her representative, and, in the case of an investigation of a certified school employee, the Commissioner of Education or his/her representative.

When an investigation produces such evidence, and the employee in question is in a position requiring a certificate, the Superintendent must suspend the certified employee with pay and without diminution or termination of benefits, provided he/she notifies the Board of Education of the reasons for the suspension within

Students

Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

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72 hours thereafter. The suspension will remain in effect until the Board takes

action pursuant to CGS 10-151 (Teacher Tenure Act).

The Superintendent must report suspected child abuse by a certified school employee to the Commissioner of Education or his/her representative. If the contract of employment of a certified school employee is terminated as a result of an investigation which reveals that child abuse has occurred, the Superintendent shall notify the Commissioner of Education within 72 hours of such termination.

Training

The Board, recognizing its responsibilities to protect children and in compliance with its statutory obligations, shall provide to each employee in-service training regarding the requirements and obligations of mandated reporters. District employees shall also participate in training offered by the Department of Children and Families. Each school employee is required to complete a refresher training program, not later than three years after completion of the initial training program and shall thereafter retake such refresher training course at least once every three years.

The Principal of each school in the district shall annually certify to the Superintendent that each school employee working at such school has completed the required initial training and the refresher training.

State law prohibits retaliation against a mandated reporter for fulfilling his/her obligations to report suspected child abuse or neglect. The Board shall not retaliate against any mandated reporter for his/her compliance with the law and Board policy pertaining to the reporting of suspected child abuse and neglect.

In accordance with the mandates of the law and consistent with its philosophy, the Board in establishing this policy directs the Superintendent of Schools to develop and formalize the necessary rules and regulations to comply fully with the intent of the law.

This policy will be distributed annually to all employees. Documentation shall be maintained that all employees have, in fact, received the written policy and completed the required initial and refresher training related to mandated reporting of child abuse and neglect as required by law.

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Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 6 of 9

The Board of Education will post the telephone number of the Department of Children and Families' child abuse hotline, Careline, and the Internet web address that provides information about the Careline in each District school in a conspicuous location frequented by students. Such posting shall be in various languages most appropriate for the students enrolled in the school.

Establishment of the Confidential Rapid Response Team

The Board of Education shall establish a confidential rapid response team to coordinate

with DCF to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st, 2nd,

3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree

sexual assault with a firearm of a student not enrolled in adult education by a school

employee and (2) provide immediate access to information and individuals relevant to

DCF’s investigation of such cases.

The confidential rapid response team shall consist of (1) a local teacher and the

Superintendent, (2) a local police officer, and (3) any other person the Principal deems

appropriate.

DCF, along with a multidisciplinary team, is required to take immediate action to

investigate and address each response of child abuse, neglect or sexual abuse in any

school.

Hiring Prohibitions

The Board of Education will not employ anyone who was terminated or resigned after a

suspension based on DCF’s investigation, if he or she has been convicted of (1) child

abuse or neglect or (2) 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated

sexual assault; or 3rd degree sexual assault with a firearm of a student who is not

enrolled in adult education.

The Board of Education will not employ an individual who was terminated or resigned, if

he or she (1) failed to report the suspicion of such crimes when required to do so or (2)

intentionally and unreasonable interfered with or prevented a mandated reporter from

carrying out this obligation of or conspired or attempted to do so. This applies

regardless of whether an allegation of abuse, neglect, or sexual assault has been

substantiated.

Students

Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 7 of 9

Emergency Health Care and Reasonable Inquiry

When reasonable cause exists to suspect or believe that a child has been abused or neglected, or when a child has a visible injury, school personnel may make reasonable inquiry of a child regarding such suspicion or visible injury.

School personnel, except for a school nurse or a school medical advisor, may not remove or insist that a child remove clothing to confirm suspected abuse or neglect, except in those circumstances where immediate action is required or in the case of apparent need for emergency medical treatment. A school medical advisor or school nurse may request that a child remove clothing when the following conditions exist:

A child has identified a particular injury, the extent of which can only be determined by removing the child's clothing, and

The examination is necessary to determine whether medical attention is required and not merely to confirm suspected abuse, and

The request is made in such a manner that the child clearly understands that compliance with the request is optional and that no adverse consequences will result from a refusal to comply.

Investigation of Reports of Suspected Child Abuse/Neglect in the School Setting

As part of the investigative process, the DCF social worker and social work supervisor may determine, based upon the nature of the referral, that an interview with the child needs to be conducted in the school setting. Interviewing in the school setting will be limited to emergency situations such as the following:

There is reason to believe that a suspected child abuse/neglect victim is in need of emergency medical services; or

A child who is a suspected sexual abuse victim will return upon leaving school to the care of the suspected perpetrator; or

There is reason to believe that a suspected abuse victim will be in imminent danger if returned home.

Students

Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 8 of 9

School personnel who believe that an interview in the school setting may be necessary in order to protect the child, must notify DCF as early in the day as possible to provide both DCF and the education agency ample time to coordinate activities and actions as may be appropriate. Upon receipt of such notice, DCF will advise school personnel whether the child must be interviewed in the school.

If school personnel decide to retain the child after the scheduled school day in order to ensure that DCF or local or state police be involved, school personnel must attempt to notify the parents of the child.

DCF shall be solely responsible for notifying the parent of the interview if such notification has not already taken place. DCF shall also be responsible for notifying the parent of any activities or actions taken by DCF following the interview.

(cf. 4112.6/4212.6 - Personnel Records)

(cf. 5145.511 - Sexual Abuse Prevention and Education Program)

Legal Reference: Connecticut General Statutes

10-220a Inservice training. Professional development committees. Institutes for educators. Cooperating teacher program, regulations (as amended by PA 11-93)

10-221d Criminal history records check of school personnel. Fingerprinting. Termination or dismissal (as amended by PA 11-93)

10-221s Investigations of child abuse and neglect. Disciplinary action. (as amended by PA 16-188)

17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations (as amended by PA 11-93)

17a-101 Protection of children from abuse. Reports required of certain professional persons. When child may be removed from surroundings without court order. (as amended by PA 96-246, PA 00-220, PA 02-106, PA 03-168, PA 09-242, PA 11-93 and PA 15-205)

17a-101a Report of abuse or neglect by mandated reports. (as amended by PA 02-106, PA 11-93 and PA 15-205)

17a-102 Report of danger of abuse. (as amended by PA 02-106)

17a-106 Cooperation in relation to prevention, identification and treatment of child abuse/neglect.

10-151 Teacher Tenure Act

Students

Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

Page 9 of 9

P.A. 11-93 An Act Concerning the Response of School Districts and the Departments of Education and Children and Families to Reports of Child Abuse and Neglect and the Identification of Foster Children in a School District

P.A. 14-186 An Act Concerning the Department of Children and Families and the Protection of Children.

P.A. 15-205 An Act Protecting School Children.

Policy Revised: May 14, 2018

October 17, 2016

March 14, 2016

February 25, 2013

March 8, 2010

September 23, 2002

Students

Suicide Prevention 5141.5

Staff members should be sensitive to student behavior indicating significant depression or emotional upset. Whenever staff members become aware of student behavior which might reasonably indicate a potential for suicide or suicidal gestures, or whenever student behavior indicates the possibility of such an act, staff member(s) shall immediately notify the appropriate supervisor who will in turn notify the superintendent. The Superintendent will direct that the following be established:

a Crisis Intervention Team in each of its schools to consist of any teacher, administrator, school professional or other school employee designated by the school principal.

a student assistance program for at-risk students;

specific procedures for at-risk youth

provide ongoing in-service training for teachers, administrators, and staff who may be in positions to observe student behavior;

the building principal, and appropriate school counselors, are to be notified of staff observations and or concerns.

every reasonable effort will be made to immediately notify parents/guardians of any event reflecting consideration of suicide.

The Superintendent shall maintain updated guidelines in suicide prevention as necessary to implement this policy.

Legal Reference:

Connecticut General Statutes

10-221

Revised:June 25, 2018

February 25, 2013

Students

Crisis Response 5141.6

pg. 1 of 2

The district recognizes that schools are subject to a number of potentially disruptive events. These events include major crises. No school is immune no matter the size or location. The challenge, however, is to protect the students as much as possible in an increasingly violent world.

Being prepared for crises can enhance the district’s effectiveness in responding to smaller incidents. The district will maintain a crisis plan so that each staff member and student knows what to do in an emergency.

Although there is no guarantee that a district (school) will ever be completely safe from crime, the district will take the following security measures to lessen the chances of violence occurring on school grounds:

1. The district will coordinate a local school health and safety committee comprised of school officials, law enforcement, other youth-service providers, parents and students. The committee will plan what safety measures are needed and how they can be implemented, as well as regularly review school safety and security measures.

2. The principal or designee will acquire appropriate knowledge of crime-prevention measures and take greater responsibility in working with the Board and district to implement site security programs;

3. Schools will maintain a comprehensive crisis management plan that incorporates resources available through other community agencies;

4. A school communications network will be maintained that links classrooms and playground supervisors with the front office or security staff as well as with local law enforcement and fire departments;

5. School staff will be informed and regularly updated on safety plans through in-service training. The training will include certified staff, non-certified staff, part-time employees and substitute teachers and may include parents and community volunteers;

6. Access points to school grounds will be limited and monitored during the school day. A single entrance for visitors will be supervised. Visitors shall sign in at the office and wear an identification pass. Delivery entrances used by vendors will be checked regularly;

Students

Crisis Response 5141.6

pg. 2 of 2

7. Students will be taught to take responsibility for their own safety by reporting suspicious individuals or unusual activity on school grounds and by learning personal safety and conflict-resolution techniques;

8. Schools will establish a curriculum to focus on teaching students non-violence social skills, conflict resolution, law-related education and good decision making. A school climate committee will focus on safety measures which need to be implemented and methods for their accomplishment.

Legal References: Connecticut General Statutes

10-221(e) Boards of education to prescribe rules

(cf. 3516 - Safe and Secure School Facilities, Equipment and Grounds)

(cf. 4148.1/4248.1 - Employee Safety and Protection)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 6114 - Emergencies and Disaster Preparedness)

Legal Reference: Connecticut General Statutes

10-154a Professional communications between teacher or nurse and student.

10-221 Boards of education to prescribe rules.

10-222m - School security and safety plans. School security and safety committees

10-222n - School security and safety plan standards

PA 13-3 An Act Concerning Gun Violence and Children's Safety

The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.

REVISED: June 25, 2018

May 14, 2012

Student Sports

Concussion Policy 5141.7

The Vernon Board of Education, in accordance with PA 14-66 An Act Concerning Youth Athletics and Concussions, recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and other recreational activities. The Board acknowledges the risk of catastrophic injuries or deaths are significant when a concussion or head injury is not properly evaluated and managed. Therefore, it is the policy of this District to support the proper evaluation and management of head injuries and concussions, whether as a result of participation in sports and other school-related activities or attendance in school.

The district will utilize protocols developed by the State Board of Education to inform and educate coaches, youth athletes and their parents and/or guardians of the nature and risk of concussions or head injuries. The protocol shall include:

1. the recognition of the signs or symptoms of concussion,

2. the means of obtaining proper medical treatment,

3. the dangers associated with continuing to engage in athletic activity after

concussion, and

4. the proper method of allowing the student athlete who has sustained a concussion to return to athletic activity.

Annually, the District will distribute a head injury and concussion information sheet (Student/Parent Concussion Education Plan and Consent Form) to all parents/guardians of student athletes participating in intramural and interscholastic sport activities. The parent/guardian and student must return a signed acknowledgement indicating that they have reviewed and understand the information provided and given their consent before the student participates in any covered activity. This acknowledgment form must be returned and be on file with the District before the student is allowed to practice or compete in any sport activity.

Only coaches holding a permit issued by the State Board of Education who have completed the required concussion training shall be permitted to coach intramural and or interscholastic athletics for the District.

Annually, coaches will review the Concussion Education Plan and every five years will complete a refresher course.

The required refresher course regarding concussions shall include, but not be limited to:

1. an overview of key recognition and safety practices,

2. an update of medical developments and

3. current best practices in the field of concussion research, prevention and

treatment and

4. an update on new relevant federal, state and local laws and regulations.

Coaches shall annually review current best practices regarding coaching any sport, including, but not limited to, frequency of games and full contact practices and scrimmages as identified by the governing authority for intramural and interscholastic athletics (CIAC).

In compliance with applicable state statutes, the coach of any intramural or interscholastic athletics shall immediately remove any student athlete participating in intramural or interscholastic athletics who (1) is observed to exhibit signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body during a practice, game or competition, (2) is diagnosed with a concussion, or (3) is otherwise suspected of having sustained a concussion because such student athlete is observed to exhibit signs, symptoms or behaviors consistent with a concussion regardless of when such concussion or head injury may have occurred. Upon such removal, the coach or other qualified school employee defined in Connecticut General Statutes 10-212a, shall notify the student athlete's parent/guardian that the student athlete has exhibited such signs, symptoms, or behaviors consistent with a concussion or has been diagnosed with a concussion. Such notification shall be provided not later than twenty-four hours after such removal. However, a reasonable effort shall be made to provide such notification immediately after such removal.

The coach shall not permit such student athlete to participate in any supervised athletic activities involving physical exertion, including, but not limited to, practices, games or competitions, until such student athlete receives written clearance to participate in such supervised athletic activities involving physical exertion from a licensed health care professional trained in the evaluation and management of concussions.

Following medical clearance, the coach shall not permit such student athlete to participate in any full, unrestricted supervised athletic activities without limitations on contact or physical exertion, including, but not limited to, practices, games or competitions and such student athlete (1) no longer exhibits signs, symptoms or behaviors consistent with a concussion at rest or with exertion, and (2) receives written clearance to participate in such full, unrestricted supervised athletic activities from a licensed health care professional trained in the evaluation and management of concussions.

The Board will annually collect and report to the State Board of Education all occurrences of a concussion. The report shall contain, if known, the nature and extent of the concussion and the circumstances in which it was sustained.

Reference:

Connecticut General Statutes

PA 10-62 An Act Concerning Student Athletes and Concussions

PA 14-66 An Act Concerning Youth Athletics and Concussions

"Concussion Education Plan and Guidelines for Connecticut Schools" adopted by the State Board of Education, January 7, 2015.

Revised: October 22, 2018

Adopted: April 27, 2015

Students

Interaction with Non-custodial Parents 5142.1

Page 1 of 2

The Board of Education, unless informed otherwise, assumes that there are no restrictions regarding the non-custodial parent's right to be kept informed of the student's school progress and activities. If restrictions are made relative to these rights, the custodial parent will be required to submit to the Superintendent a copy of the court order which curtails these specific rights.

Unless there are specific court-imposed restrictions, such as a final divorce decree which includes specific denial of visitation rights or a restraining order denying such rights, the non-custodial parent, upon written request and in accordance with Board of Education records policies 5124 and 5125 may view the student's educational, medical or similar records maintained in such student's cumulative record, receive school progress reports, visit the child briefly at school and have an opportunity to confer with the student's teacher(s).

In addition, upon the non-custodial parent’s written request to the school principal, the school will subsequently and routinely make available to that parent all school information which is normally sent home with the child. This will include report cards and class and school newsletters during the school year in which the request is made. Non-custodial parents and parents with shared custody not normally receiving information from the school may annually request this information.

The custodial parent has the responsibility to keep the school office informed as to the address of residence and how he/she may be contacted at all times. Any legal documents which restrict the rights of the non-custodial parent must be provided by the custodial parent. Unless otherwise indicated by a verified note from the parent or by a legal document provided by a parent, only the custodial parent has the right to remove the student from school property. If school personnel anticipate a possible student abduction, law enforcement personnel are to be notified immediately, and the student will remain on school property pending the arrival of law enforcement officials.

(cf. 5113 – Attendance, Excused Absences, Dismissal Precautions)

(cf. 5118 – Nonresident students)

(cf. 5124 – Reporting to Parents)

(cf. 5125 – Student Records Confidentiality)

Legal Reference:

Connecticut General Statutes

10-15b Access of parent or guardian to student's records

46b-56 Access of records of minor children by non-custodial parent

Federal Family Educational Rights and Privacy Act of 1974

Students

Interaction with Non-custodial Parents 5142.1

Page 2 of 2

Department of Education 34 C.F.R. Part 99 (May 9, 1980 45FR 30802) regs. implementing

FERPA enacted as part of 438 of General Education Provisions Act (20 U.S.C. 1232g) - parent and student privacy and other rights with respect to educational records.

Revised:June 25, 2018

February 25, 2013

Students

5144.1

PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS AND USE OF EXCLUSIONARY TIME OUT

Physical Restraint/Seclusion

The Board of Education (Board) believes that maintaining an orderly, safe environment is conducive to learning and is an appropriate expectation of all staff members within the district. To the extent that staff actions comply with all applicable statutes and Board policy governing the use of physical force, including physical restraint of students and seclusion of students, staff members will have the full support of the Board of Education in their efforts to maintain a safe environment.

The Board recognizes that there are times when it becomes necessary for staff to use reasonable restraint or place a student in seclusion to provide a safe environment for students.

Exclusionary Time Out

The Board also regulates the use of exclusionary time out in accordance with this Policy and applicable law.

Definitions

Life-threatening physical restraint means any physical restraint or hold of a person that restricts the flow of air into a person's lungs, whether by chest compression or any other means, or immobilizes or reduces the free movement of a person's arms, legs or head while the person is in the prone position.

Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior.

Physical restraint means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head. Excluded from this definition is briefly holding a person in order to calm or comfort the person; restraint involving the minimum contact necessary to safely escort a person from one area to another; medical devices including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; helmets or other protective gear used to protect a person from injuries due to a fall; or helmets, mitts and similar devices used to prevent self-injury when the device is part of a documented treatment plan or individualized education program pursuant to Connecticut's special education laws or prescribed or recommended by a medical professional and is the least restrictive means to prevent such self-injury; or an exclusionary time out.

School employee means a teacher, substitute teacher, school administrator, Superintendent, guidance counselor, psychologist, social worker, nurse, physician, paraprofessional, school staff, or coach employed by the Board of Education or working in a public elementary, middle or high school; or any other individual who, in the performance of his/her duties has regular contact with students and who provides services to or on behalf of students enrolled in the district's schools, pursuant to a contract with the board of education.

Seclusion means the involuntary confinement of a student in a room, with or without staff supervision, in a manner that prevents the student from leaving. Seclusion does not include the following: (i) an exclusionary time out; or (ii) any confinement of a student in which the person is physically able to leave the area of confinement including, but not limited to, in-school suspension.

Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional Board of Education, (B) receiving special education and related services in an institution or facility operating under contract with a local Board of Education, (C) enrolled in a program or school administered by a regional education service center, or (D) receiving special education and related services from an approved private special education program.

Life Threatening Physical Restraint

A. No school employee shall under any circumstance use a life-threatening physical restraint on a student.

B. Nothing in this section shall be construed as limiting any defense to criminal prosecution for the use of deadly physical force that may be available under sections 53a-18 to 53a-22, inclusive, of the Connecticut General Statutes.

Procedures for Physical Restraint and Seclusion of Students

A. School employees shall not use a life-threatening physical restraint or seclusion on a student EXCEPT as an emergency intervention to prevent immediate or imminent injury to the student or to others.

B. Seclusion shall not be used as a planned intervention in a student’s behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Rehabilitation Act.

C. No school employee shall use physical restraint or seclusion on a student unless the school employee has received training in accordance with state law and/or the District’s trainings.

D. Physical restraint and seclusion of a student shall never be used as a disciplinary measure or as a convenience.

E. School employees must explore ALL less restrictive alternatives prior to using physical restraint or seclusion for a student.

F. School employees must comply with all regulations promulgated by the Connecticut State Department of Education in their use of physical restraint and seclusion with a student.

Monitoring

A. Physical restraint: A school employee must continually monitor any student who is physically restrained. The monitoring must be conducted by either (i) direct observation of the student; or (ii) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.

B. Seclusion: A school employee must frequently monitor any student who is

placed in seclusion. The monitoring must be conducted by either (i) direct observation of the student; or (ii) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.

Length

1. Any period of physical restraint or seclusion shall be limited to that time necessary to allow the student to compose him or herself and return to the educational environment; and

2. Shall not exceed fifteen (15) minutes, except as provided below.

If any instance of physical restraint or seclusion of a student exceeds fifteen minutes an administrator or his/her designee, or a school health or mental health personnel, or a board certified behavioral analyst, who has received training in the use of physical restraint and seclusion shall determine whether continued physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such individual shall make a new determination every thirty minutes thereafter regarding whether such physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others.

A school employee must regularly evaluate the student being physically restrained

or secluded for signs of physical distress. The school employee must record each

evaluation in the educational record of the person being physically restrained or

secluded.

Seclusion Room Requirements

Seclusion can happen in any location, although the district may designate an area or room for this purpose. Regardless of location, any room used for seclusion must:

A. be of a size that is appropriate to the chronological and developmental age, size and behavior of the student;

B. have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which the seclusion room is located;

C. be equipped with heating, cooling, ventilation and lighting systems that are comparable to the systems that are used in the other rooms of the building in which the seclusion room is located;

D. be free of any object that poses a danger to the student who is being placed in the seclusion room;

E. conform to applicable building code requirements.

F. If the door or doors to a room used for seclusion are to be locked, latched or otherwise secured, a modification from the State Fire Marshal’s office shall be secured prior to the installation of a locking mechanism. If a door locking mechanism is used, the student shall be constantly monitored notwithstanding any other provisions of the Connecticut General Statutes or Regulations to the contrary. The locking mechanism to be used shall be a device that shall be readily released by staff as soon as possible but in no case longer than within two minutes of the onset of an emergency and is connected to the fire alarm system so that the locking mechanism is released automatically when a fire alarm is sounded. An “emergency,” for purposes of this subsection, includes but is not limited to the following:

1. the need to provide direct and immediate medical attention to the student;

2. fire;

3. the need to remove the student to a safe location during a building lockdown; or

4. other critical situations that may require immediate removal of the student from

seclusion to a safe location.

G. have an unbreakable observation window or fixture located in a wall or door, which allows the student a clear line of sight beyond the area of seclusion, to permit frequent visual monitoring of the student and any school employee in such room. The requirement for an unbreakable observation window does not apply if it is necessary to clear and use a classroom or other room in the school building as a seclusion room for a student.

Use of Psychopharmacologic Agent

School employees may not use a psychopharmacologic agent on a student without that student's consent except (1) as an emergency intervention to prevent immediate or imminent injury to the student or to others, or (2) as an integral part of the student's established medical or behavioral support or educational plan, as developed consistent with Section 17a-543 of the Connecticut General Statutes or, if no such plan has been developed, as part of a licensed practitioner's initial orders. The use of psychopharmacologic agents, alone or in combination, may be used only in doses that are therapeutically appropriate and not as a substitute for other appropriate treatment.

Procedures for Exclusionary Time Out

A. No school employee may use exclusionary time out as a form of discipline for a student.

B. At least one school employee must remain with the student, or be immediately available to the student such that the student and the employee are able to communicate verbally, throughout the exclusionary time out.

C. The space used for an exclusionary time out must be clean, safe, sanitary and appropriate for the purpose of calming the student or deescalating the student’s behavior.

D. The exclusionary time period must end as soon as possible.

E. The exclusionary time out period may vary depending on the student’s chronological and developmental age, individual needs and behavior.

Required Meetings

A. Students not eligible for special education (and not being evaluated for eligibility for special education)

In the event that physical restraint or seclusion is used on a student four or more times within twenty school days:

An administrator, one or more of such student's teachers, the parent/guardian of such student and, if any, a mental health professional shall convene for the purpose of:

Conducting or revising a behavioral assessment of the student;

Creating or revising any applicable behavioral intervention plan; and

Determining whether such student may require special education.

B. If such student is a child requiring special education or is a child being evaluated for eligibility for special education and awaiting a determination.

In the event that physical restraint or seclusion is used on a student four or more times within twenty school days:

Such student's planning and placement team shall convene for the purpose of (1) conducting or revising a behavioral assessment of the student, and (2) creating or revising any applicable behavioral intervention plan, including, but not limited to, such student's individualized education plan.

In the event that the exclusionary time out process is unsuccessful in addressing a student’s problematic behavior, the student’s PPT shall convene as soon as practicable to determine alternative interventions or strategies to address the student’s behavior.

Documentation and Communication

The parent/guardian of a student who is placed in physical restraint or seclusion shall be notified by a school employee not later than twenty-four hours after the student is placed in physical restraint or seclusion. A reasonable effort shall be made to provide such notification immediately after such physical restraint or seclusion is initiated.

Notification must be made by telephone, e-mail, or other method which may include, but is not limited to, sending a note home with the student.

The parent or guardian of a student who has been physically restrained or placed in seclusion shall be sent a copy of the completed incident report of such action no later than two (2) business days after the use of physical restraint or seclusion, regardless of whether the parent received the notification described above.

The Board of Education, and each institution or facility operating under contract with the Board to provide special education for children, including any approved private special education program, shall record each instance of the use of physical restraint or seclusion on a student no later than the school day following the incident on a prescribed incident form. The incident form must be included in the educational file of the student who was physically restrained or secluded. The documentation shall include:

a. The nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise;

b. A detailed description of the nature of the restraint or seclusion, the duration of such restraint or seclusion and the effect of such restraint or seclusion on the student's established educational plan; and

c. Whether the use of seclusion was in accordance with an individualized education program.

The Board shall include such information in an annual compilation on its use of such restraint and seclusion on students.

The Board and institutions or facilities operating under contract with the Board to provide special education for children, including any approved private special education program shall provide such annual compilation to the Department of Education in order to examine incidents of physical restraint and seclusion in schools.

Any incident of the use of restraint or seclusion that results in physical injury to a student shall be reported to the State Board of Education.

The Director of Special Education or other responsible administrator, or his or her designee, must be notified of the following:

1. each use of physical restraint or seclusion on a student;

2. the nature of the emergency that necessitated its use;

3. whether the seclusion of a student was conducted pursuant to an IEP; and

4. if the physical restraint or seclusion resulted in physical injury to the student.

Required Training and Prevention Training Plan

Training shall be provided by the Board to school professionals, paraprofessional staff members and administrators regarding the members of the crisis intervention team for each school in the district. The Board may provide such training to any teacher, administrator, school professional or other school employee, designated by the school principal and who has direct contact with students regarding physical restraint and seclusion. Such training shall be provided each school year and shall include, but not be limited to:

1. An overview of the relevant laws and regulations regarding the use of physical restraint and seclusion on students and the proper uses of physical restraint and seclusion.

2. The creation of a plan by which the Board will provide school professionals, paraprofessional staff members and administrators with training and professional development regarding the prevention of incidents requiring physical restraint or seclusion of students.

3. The Board will provide initial and appropriate ongoing training in the prevention and de-escalation of incidents requiring restraint and seclusion, as well as, the proper means of physically restraining or secluding students, to an identified crisis intervention team assigned by the principal in each building, including, but not limited to:

a. Verbal defusing and de-escalation;

b. Prevention strategies;

c. Various types of physical restraint and seclusion;

d. The differences between life-threatening physical restraint and other varying levels of physical restraint;

e. The differences between permissible physical restraint and pain compliance techniques;

f. Monitoring methods to prevent harm to a student who is physically restrained or in seclusion, including training in the proper means of physically restraining or secluding a student; and

g. Recording and reporting procedures on the use of physical restraint and seclusion.

Crisis Intervention Teams

The Board requires each school in the District to annually identify a crisis intervention team. Such team shall consist of any teacher, administrator, school professional or other school employee designated by the school principal.

Such teams shall respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student or to others.

Each member of the crisis intervention team shall be recertified in the use of physical restraint and seclusion on an annual basis. The Board shall maintain a list of the members of the crisis intervention team at each school.

Dissemination of Policy

This policy and its procedures shall be made available on the District's website and in the Board's procedural manual. The policy shall be updated not later than sixty (60) days after the adoption or revision of regulations promulgated by the State Board of Education.

(cf. 4148/4248 - Employee Protection)

(cf. 5141.23 - Students with Special Health Care Needs)

Legal Reference: Connecticut General Statutes

10-76b State supervision of special education programs and services.

10-76d Duties and powers of boards of education to provide special education programs and services.

10-236b Physical restraint and seclusion of students by school employees. (as amended by PA 17-220)

46a-150 Definitions. (as amended by PA 07-147 and PA 15-141)

46a-152 Physical restraint, seclusion and use of psychopharmacologic agents restricted. Monitoring and documentation required.

46a-153 Recording of use of restraint and seclusion required. Review of records by state agencies. Reviewing state agency to report serious injury or death to Office of Protection and Advocacy for Persons with Disabilities and to Office of Child Advocate. (as amended by PA 12-88)

53a-18 Use of reasonable physical force or deadly physical force generally.

53a-19 Use of physical force in defense of person.

53a-20 Use of physical force in defense of premises.

53a-21 Use of physical force in defense of property.

PA 07-147 An Act Concerning Restraints and Seclusion in Public Schools.

PA 15-141 An Act Concerning Seclusion and Restraint in Schools.

Public Act 18-51, An Act Implementing the Recommendations of the Department of Education

State Board of Education Regulations Sections 10-76b-5 through 10-76b-11.

Revised: May 28, 2019

June 25, 2018

October 30, 2017

December 14, 2015

December 10, 2012

Adopted: January 24, 2011

Students
Discipline
Discipline of Students with Disabilities 5144.3

Students with disabilities are neither immune from a school district's disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan and this policy. School personnel may consider any unique circumstances on a case by case basis when determining whether to order a change in placement for a student with a disability who violates the code of student conduct. Therefore, the District has the authority on a case-by-case basis to place a student in an alternative setting while a manifestation determination is pending. During any period of disciplinary action, irrespective of whether the behavior is determined to be a manifestation of the student’s disability, the student will continue to receive a "free appropriate public education" in accordance with federal law and applicable regulations and educational services in order to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP and receive, as appropriate, a functional behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

Manifestation Determination

When a disciplinary change in placement is being considered for more than ten (10) days in a given school year related to a disabled student's behavior, the relevant members of the IEP team (PPT) and other qualified district personnel as determined by the parent and District, will review the relationship between the student's disability and the behavior. All relevant information in the student’s file including the IEP, any teacher observations and any parental provided information shall be reviewed to determine if the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability or if the conduct was the direct result of the District’s failure to implement the IEP. Such a review must take place as soon as possible, but no later than 10 school days from the date of the decision to take disciplinary actions which would remove a student with a disability from his/her current educational placement for more than ten school days.

The team will determine whether the student's behavior is a manifestation of the disability and whether the student's disability impaired his or her ability to control or understand the impact and consequences of the behavior.

Disciplinary Action for Behavior that is Not a Manifestation

School personnel may order a change in the placement of a disabled student who violates the conduct code to an appropriate interim educational setting, another setting, or a suspension of not more than ten school days, to the extent that such alternatives are applied to non-disabled students.

Disciplinary Action and/or Alternative Placement for Behavior that is a Manifestation

A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled but will be disciplined in accordance with his or her IEP, any behavioral intervention plan and this policy.

In addition to any disciplinary action provided for in the IEP or behavioral intervention plan, a disabled student may be suspended for up to 10 school days cumulatively in a school year to the extent suspension would be applied to non-disabled students, without the need to provide any services. Disabled students may be suspended for additional removals for up to 10 days for separate acts of misconduct as long as the removals do not constitute a pattern or change in placement. School administrators and the student’s special education teacher shall determine the level of services to be provided to the disabled student in subsequent suspensions beyond the first 10 days cumulative in a school year.

School personnel may remove a disabled student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability if the student has inflicted serious bodily injury upon another person while at school, on school premises or at a school function or carries or possess a weapon to or at school, on school premises or at a school function or carries or possesses a weapon to or at school, or solicits the sale of a controlled substance while at school, on school premises or at a school function.

A "serious bodily injury" is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty. (18 U.S.C. §1365(h)(3))

The alternative educational setting shall be determined by the IEP Team (PPT). The parent/guardian of the disabled child who disagrees with any decision regarding disciplinary action, placement, or the manifestation determination, or the District if it believes that maintaining the current placement of the child is substantially likely to result in injury to the student or others, may request a hearing.

A hearing officer may order a change in placement of a disabled student to an appropriate alternative setting for not more than 45 school days where the district demonstrates by substantial evidence that maintaining the student's current placement is substantially likely to result in injury to the student or others.

When an appeal has been requested by the parent/guardian or school District regarding the interim alternative educational setting or a manifestation determination, the student shall remain in the interim educational setting pending the decision of the hearing officer, or until the expiration of the 45 day time period, whichever occurs first, unless the parent and the state or local district agree otherwise.

Either before or within 10 days after any change in placement for more than ten days related to a disciplinary problem, the IEP team (PPT) must meet to determine an appropriate alternative setting, to develop a behavioral assessment plan or to review and modify an existing intervention plan, and review and modify the IEP where necessary.

Nothing in this policy shall prohibit the IEP team (PPT) team from establishing consequences for disruptive or unacceptable behavior as a part of the student's IEP. The plan shall be subject to all procedural safeguards established by the IEP process.

Expedited Hearings

An expedited hearing is available when:

1. the parent/guardian disagrees with the IEP team (PPT) team's determination regarding manifestation or with any decision regarding placement.

2. the parent/guardian disagrees with the proposed new placement following an interim alternative placement.

3. the district believes it is dangerous for the student to be returned to the previous placement

The hearing shall occur within 20 days of the date it is requested and a decision rendered within 10 school days after the hearing.

During any challenge to placement, the student will stay in the alternative placement.

Students Not Identified as Disabled

Students who have not been identified as disabled may be subjected to the same disciplinary measures applied to children without disabilities who engaged in comparable behaviors if the district did not have "knowledge" of the disability.

The district shall be deemed to have knowledge that a student has a disability if, before the behavior that precipitated the disciplinary action occurred:

1. the parent has expressed concern in writing that the student needs special education.

2. the parent has requested an evaluation.

3. the student’s teacher or other district personnel have expressed concern about the student’s behavior or performance to the Director of Special Education or other supervisory district personnel.

If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.

If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the district and information provided the parents/guardians, the district shall provide special education and related services in accordance with the IDEA, except that, pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities.

(cf. 5114 - Suspension/Expulsion/Due Process)

(cf. 5125 - Student Records)

(cf. 5131 - Conduct)

(cf. 5131.6 - Drugs, Tobacco, Alcohol)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5144 - Discipline/Punishment)

Legal Reference: Connecticut General Statues

10-233a through 10-233f. Suspension, removal and expulsion of students.

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

GOALS 2000: Educate America Act, Pub. L. 103-227.

Page 5 of 5

18 U.S.C. 921 Definitions.

Title I - Amendments to the Individuals with Disabilities Act. (PL 105-17)

Sec. 314 (Local Control Over Violence)

Elementary and Secondary Schools Act of 1965, as amended by the Gun Free Schools Act of 1994

P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004

Reviewed: October 22, 2018

Adopted: February 25, 2013

Students

Student Civil and Legal Rights and Responsibilities 5145

District students are entitled to all the rights afforded them by federal and state constitutions and statutes. The District recognizes all federal, state, and local laws in connection with these rights and reminds students that certain responsibilities accompany these rights.

The District's aim is to provide a quality education in which a student’s rights and freedoms are respected, and to provide opportunities which stimulate and challenge the student’s interests and abilities to his or her highest potential, and do not infringe upon the rights of others.

It shall be the responsibility of each District student:

be familiar with and abide by all District policies, rules and regulations pertaining to students, including but not limited to, student conduct;

work to the best of his or her ability in all academic and extracurricular pursuits and strive toward the highest level of achievement possible;

conduct himself or herself as a responsible representative of the District when participating in or attending school-sponsored extracurricular events and as such hold himself or herself to the highest standards of conduct, demeanor, and sportsmanship;

seek help in solving problems that might lead to discipline consequences;

be in regular and timely attendance at school and in class;

contribute to the maintenance of an environment that is conducive to learning and to show due respect to other persons and to property;

dress in accordance with standards promulgated by the Board and the Superintendent;

make constructive contributions to the school, and to report fairly and accurately the circumstances of school-related issues;

accept responsibility for his or her actions.

Section 504: Student Civil and Legal Rights and Responsibilities

In compliance with the requirements of Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act Amendments Act of 2008 (ADA), the District shall ensure that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity conducted by the District or those provided by the District through contractual or other arrangements. Programs and activities shall be accessible and usable by individuals with disabilities as prescribed by law.

An individual with disabilities under Section 504 is an individual who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment or is regarded as having such an impairment.

Major life activities, as defined by the Americans with Disabilities Act Amendments of 2008, include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating; and major bodily functions, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

The Superintendent will ensure all Section 504-qualified students with disabilities are identified annually. Students will be evaluated by a team of individuals knowledgeable about the student, the meaning of the evaluation data and placement options. Services will be provided as required by law.

The Superintendent will develop administrative regulations as needed for the implementation of this policy and to meet the requirements of state and federal law. Regulations will include provisions to ensure notice of the District’s responsibilities are provided as required and that procedures are established for students, parents and staff with complaints concerning District compliance with provisions of the law.

Legal Reference: Connecticut General Statutes

10-15c Discrimination in public schools prohibited.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§791, 793-794 (2006), (34 Code of Federal Regulations Part 104)

Americans with Disabilities Act of 1990, 42 U.S.C. §§12101-12212; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006)

Americans with Disabilities Act of 2008

Goals 2000 - Educate America Act

Policy Reviewed: October 22, 2018

February 25, 2013

Policy Revised: May 24, 2010

Students

Police in Schools 5145.11

The school’s responsibility for students during school hours includes protecting each student's constitutional rights, assuring due process in questioning and arrest, and protecting students from any form of illegal coercion.

When police are investigating possible criminal acts which occurred, or may have occurred, on school property or while under the jurisdiction of the school district, they may question students at school when the following procedures are observed:

1. Only with the permission of the principal or designee who will make every effort to determine the urgency of the situation;

2. An attempt will be made to notify the student’s parents so that they may choose to be present during the questioning. The principal or designee must be present;

3. Students will be questioned as confidentially and inconspicuously as possible.

4. The pupil’s right to remain silent or to speak through an attorney or parent may not be abridged. The designated official of the school will maintain an informal record of the interview showing the time, place, persons present, and a summary of the discussion and findings.

5. Preferably, the officer doing the questioning will wear civilian clothes.

When investigating a possible criminal violation occurring off school grounds or not part of a school program, police will be encouraged to question students in their homes; however, they may be permitted to question students in the schools when the procedures outlined in 1-5 above are observed.

(cf. 1411 Law Enforcement Agencies)

Policy Revised: February 25, 2013

Students

Search and Seizure 5145.12

Desks and School Lockers: Desks and school lockers are the property of the schools provided for temporary use by students. School principals or designees may inspect student desks and lockers to safeguard students, their property, and school property. Students shall be notified in advance that Board policy allows desks and lockers to be searched as provided in this policy.

School administrators, may search student lockers and other school property under the following circumstances:

1. When the school administrator believes circumstances justify the search to protect the safety of staff, students or members of the public in or on school property;

2. There are reasonable grounds to believe that the search will reveal evidence that a student has violated or is violating either school rules, Board policy or laws.

Personal Searches: The U.S. Supreme Court has unanimously affirmed that Fourth Amendment rights to be free from unreasonable searches and seizures apply to searches conducted by public school officials. However, students and their belongings may be searched if:

1. there are "reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school," and

2. the search is "reasonable relating to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction."

Legal Reference:

Connecticut General Statutes

10-221 Boards of Education to prescribe rules.

P.A. 94-115 An Act Concerning School Searches (Effective 10/1/94)

New Jersey v. T,O., 469 U.S. 325; 105S. CT. 733

Safford Unified School District #1 v. Redding (U.S. Sup. CT 08-479)

Policy Revised: October 22, 2018

May 13, 2013

Students

Search and Seizure 5145.122

Use of Trained Dogs and other animals for Search on School Property

The Board considers students in possession of illegal drugs and other illegal or prohibited substances or items in the school, on school property or at school-sponsored activities to be detrimental to the learning process and to the health of those involved. The Board supports the elimination of possession and/or use of illegal substances/drugs or other prohibited substances/items. The Board wants to convey a strong message to the community, faculty, and student body concerning the use or possession of illegal or improper substances in connection with the Vernon Public Schools.

All students, parents, and visitors are advised that it is the policy of the Board that all lockers, desks, and any other areas used to store property at any school facility or on any school property are the property of the Board and are not the property of the students to whom they are assigned or who may be permitted to use them. Use of such facilities and property is a privilege, not a right. Likewise, permission for students and visitors to park on school property is a privilege, not a right. As such, all lockers, desks and other storage places on school property as well as vehicles parked on school property are subject to search by Board employees or agents whenever there are reasonable grounds to believe that a search would produce evidence of illegal activity or of violation of Board policy or school rules. All students and visitors must understand that they do not have the right to expect privacy in connection with their use of such lockers, desks, and other storage locations, as well as with their vehicles parked on school property, and that any illegal or improper items they may store on school property may be discovered by search or inspection. Any person possessing illegal or controlled drugs/substances, alcoholic beverages, weapons and any other illegal items under Board policy or state or federal law has no reasonable expectation of privacy when possession of such items is on school property or at a school-sponsored activity.

All students and visitors must understand that they do not have the right to expect privacy in connection with their use of such lockers, desks, and other storage locations, as well as with their vehicles parked on school property, and that any illegal or improper items they may store on school property may be discovered by search or inspection.

Any person possessing illegal or controlled drugs/substances, alcohol beverages, weapons, and any other illegal or prohibited items under Board policy or state or federal law has no reasonable expectations of privacy when possession of such items is on school property or at a school-sponsored activity.

The Board shall permit the administration to invite law enforcement agencies or other qualified agencies or individuals to search school property with dogs trained to detect the presence of illegal substances in order to protect the health and safety of students, employees, and property, and to detect odor of the presence of illegal substances, including alcohol and/or drugs. The use of the trained sniffing canine is subject to the following:

1. The administration shall authorize the use of trained sniffing dogs and the Principal or his/her designee shall be present.

2. Parents and students shall be notified of this policy through its inclusion in whole or in part in the student/parent handbook and on the District’s website.

3. All school property both inside and outside school buildings, such as lockers, desks, other areas used for storage of property, classrooms, parking areas, and vehicles on school property may be inspected. Dogs may not be used in areas occupied by persons except for demonstration purposes with the handler present or in serious life-threatening emergencies. The dog may not sniff any individual during demonstrations. To avoid the potential of allergic reactions, dogs shall be kept away from students.

4. Individuals shall not be subjected to a dog sniff examination of their person. However, personal property such as book bags, backpacks, tote bags, purses and other objects or materials used to transport or store property that are not a part of the individual's clothing and are intended to be readily detached from the person may be examined.

5. Once notification has been given to parents and students through the student/parent handbook, the District will have met its obligation to advertise the use of trained sniffing dogs. Additional notices need not be given and actual dates and times for planned sniffer dog use need not be released in advance.

6. Only the dog's handler will determine what constitutes an alert by the dog. If the dog alerts on a particular item or place, the student having the use of that item or place or responsibility for it shall, if available, be called to witness the search. Before conducting a search based upon an alert, an effort shall be made to seek the student’s consent and an effort shall be made to protect the student’s privacy to the greatest degree. If a dog alerts on a vehicle, the person who brought it onto district property or the person who is responsible for the vehicle shall be asked to open it for inspection. If a minor student does not cooperate in a search, efforts will be made to contact the parents/guardians, and the search may nonetheless be completed. When in the judgment of the Principal or his/her designee, a clearly dangerous condition is present that threatens life, health, or safety, immediate action may be taken to respond to the emergency.

7. Law enforcement agencies will be given full authorization to investigate and prosecute any person(s) found to be responsible for illegal substance(s) on school property.

8. Any illegal substances/items that violate Board policy or student rules that are recovered on school property shall be confiscated and may be turned over to law enforcement officials.

9. In addition to possible referral to law enforcement officials, students in possession of illegal or otherwise prohibited items may, where applicable, be subjected to discipline under Board student disciplinary policies and procedures.

(cf. - 5145.12 Search and Seizure)

Legal Reference:

Connecticut General Statutes

10-221 Boards of education to prescribe rules.

New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985)

54-33n Search of school lockers and property

No. CV 0940431925, 2009 WL 3366272 (Conn. Super. CT. Sept. 14, 2009

United States v Place, 462 U.S. 696, (1983)

Bd. Of Educ. Of Indep. Sch. Dist. No. 92 v. Earls, 536 U.S. 822 (2002)

Policy Revised: October 22, 2018

May 13, 2013

Policy Adopted: April 10, 2006

Students

Search and Seizure     

Breathalyzer Testing

5145.124

This policy provides the basic structure for the use of passive alcohol sensors in the Vernon School District to detect/confirm alcohol consumption by students.

The passive alcohol sensor device is a non-invasive high-speed breath alcohol-screening instrument.  It may be used to sample a student's breath in order to detect alcohol use.  The Board allows the use of passive alcohol-screening devices at school, on school buses or at any school-sponsored activity.

The District does not consider the use of a passive alcohol-screening device as constituting a "search"; therefore, the issue of trespass or intrusion into a student's privacy is not a factor in the use of this device.  All due process rights of students will be observed. Students shall have the right to challenge the accuracy of positive screening results.

The passive alcohol sensor will be used for admittance to school-sponsored events.  Administration will announce prior to certain school-sponsored activities that all students must submit to the passive alcohol screening for entrance to the event. Events will include, but not be limited to, dances and proms.  In addition, Administrators will use such a device when reasonable suspicion exists that a student is under the influence or has used alcohol.  Reasonable suspicion includes, but is not limited to, such factors as:

1.         Observed use or possession of alcohol.

2.         Apparent physical or verbal impairment.

3.         Observed changes in personal behavior.

4.         Information from other persons.

5.         Involvement in accidents or mishaps.

The passive screening device shall be checked for accuracy monthly and for full calibration semi-annually.  Only designated school personnel and/or the school resource officer(s) will be trained in the use of such instruments.

Students, parents/guardians and staff will be notified of the intended use of the passive alcohol sensor device.  This notification shall be done through its inclusion in whole or in part in the student/parent handbook.  

All students who possess, consume or are under the influence of alcohol on school property or at a school-sponsored event or activity are subject to appropriate disciplinary action under the Board of Education policy and rules of student conduct.

Administrators may also make determinations about alcohol use in the absence of a passive alcohol sensor screening.  When an administrator determines that reasonable suspicion exists that a student has consumed alcohol during or prior to attendance at school or at a school-sponsored event, the student will be given the option to take a passive alcohol sensor screening provided that screening equipment and facilities are readily available.  If screening results are negative, no disciplinary action shall be taken.  However, if the student tests positive or declines to take the screening when reasonable suspicion exists, he/she shall be subject to appropriate disciplinary action.  If no screening equipment or facilities are readily available, appropriate discipline may also be imposed based upon the evidence available to the administrator and the administrator's training and experience.

Legal Reference:    
Connecticut General Statutes
    10a-18 Programs to be offered on effects of drugs and alcohol. 
    10-19 Teaching about alcohol, nicotine or tobacco, drugs and aquired immune deficiency syndrome. Training of personnel.
    10-154a Professional communications between teacher or nurse and student. Surrender of physical evidence obtained from students. 
    10-221d Boards of education to prescribe rules re; use, sale or possession.
    21a-240 Definitions, dependency producing drugs.
    21a-243 Regulation re schedules of controlled substances.  
    New Jersey v. T.L.O., 469 325; 105 S.CT. 733 (1985)
    Veronia School District 47J v. Acton, 515 U.S. 646 (1995)
    Todd v. Rush County Schools, 133F.3d 984  (7th Cir. 1998)
    Knox County Education Association v. Knox County Board of Education, 158 F3d 361, 3885-386 (6th Cir. 1998)

Reviewed:    September 23, 2019
Reviewed:    November 13, 2012
Adopted:      April 10, 2006

Students

On-Campus Recruitment 
    5145.14

Subject to the provisions of Connecticut General Statutes, district high schools shall provide the same directory information and on-campus recruiting opportunities to representatives of the armed forces of the United States of America and state armed services as offered to nonmilitary recruiters, recruiters for commercial concerns, and recruiters representing institutions of higher education.

Military recruiters or institutions of higher learning shall have access to secondary school student names, addresses, and telephone listings unless the parent or legal guardian of the student or by the student who has attained status as an eligible student requests that such information not be released without prior written parental consent.  (An eligible student is a student or former student who has reached eighteen years of age or who is attending an institution of post-secondary education or is an emancipated minor.)

The Board of Education (Board) will inform, at the middle and high school level, students and parents/guardians of the availability of (1) vocational, technical and technological education and training at technical high schools, and (2) agricultural sciences and technology education at regional agricultural science and technology education centers.

The Board shall also provide full access for the recruitment of students by technical high schools, regional agricultural science and technology education centers, inter-district magnet schools, charter schools and inter-district student attendance programs, provided such recruitment is not for the purpose of interscholastic athletic competition.  The Board shall also post information about these school options on its website.  The school administrator may make the determination of when the recruitment meetings are to take place and reserves the right to deny such meeting where the holding of the meeting will materially and substantially interfere with the proper and orderly operation of the school.

Distribution of directory information will be subject to the approval of the Superintendent of Schools.

Any person or organization aggrieved under this policy may request board of education review by filing a written request with the superintendent of schools.

Distribution of directory information will be subject to the approval of the Superintendent of Schools.  In addition, directory information or class lists of student names and addresses shall not be distributed if the parent/legal guardian or student who has attained majority status has denied consent.

Legal Reference:
Connecticut General Statutes
1-210(11) Access to public records. Exempt records.
10-221b Boards of education to establish written uniform policy re treatment of recruiters. (as amended by PA  
98-252)
10-220d Student recruitment by a regional and interdistrict specialized schools and programs.  Recruitment of     
athletes prohibited (as amended by P.A. 12-116, An Act Concerning Educational Reform
P.L. 106-398, 2000 H.R. 4205:  The National Defense Authorization Act for Fiscal Year 2001
P.L. 107-110 “No Child Left Behind Act” Title IX, Sec. 9528
Section 8025 of Public Law 114-95, “The Every Student Succeeds Act of 2015”

Revised:        September 23, 2019
Revised:        September 24, 2012
                May 13, 2002
                       June 13, 2011
 

Students                                                    
Directory Information      5145.15

"Directory Information" means one or more of the following items:

• A student’s
• name
• address
• telephone number
• participation in officially recognized activities and sports
• photographic, computer and/or video images
• grade levels
• weight and height of members of athletic teams
• degrees and awards received, including honor roll publication
• parent's name

The District may disclose any of the items listed as "Directory Information" without prior written consent, unless notified in writing to the contrary.  Distribution of Directory Information will be subject to the approval of the Superintendent of Schools.

Any person or organization denied the rights accorded under this policy shall have the right to request a review of the decision by the Board of Education by filing a written request with the Superintendent of Schools.

Public Notice

The district will give annual public notice to parents/guardians of students in attendance and students eighteen years of age or emancipated.  The notice shall identify the types of information considered to be directory information, the District's option to release such information and the requirement that the District must, by law, release secondary students' names, addresses and telephone numbers to military recruiters and/or institutions of higher education, unless parents/guardians or eligible students request the District withhold this information.

(cf.5125.1 Student Record, Confidentiality; 
(cf. 5145.14 On-Campus Recruitment)

Legal Reference:  Connecticut General Statutes
    1-210 (11) Access to public records.  Exempt records.
    10-221b Boards of education to establish written uniform policy re treatment of recruiters
   Federal Family Educational Rights and Privacy Act of 1974 (section 438 of 
      the General Education Act, as amended, added by section 513 of P.L.
      93-568, codified at 20 U.S.C. 1232g and Final Rule 34 CFR Part 99,
      December 9, 2008 and December 2, 2011)
   P.L. 106-398, 2000 H.R. 4205:  The National Defense Authorization Act for Fiscal  Year 2001.
   Section 8528, ESEA, as amended by NCLB and ESSA
   34 C.F.R.  §99.3
   34 C.F.R.  §99.31 (11)
   34 C.F.R.  §99.37

REVISED:          September 23, 2019
Policy adopted:  June 13, 2011
 

Students
Freedom of Speech/Expression                        
5145.2

The school district shall recognize and protect the rights of student speech and expression. It will balance these rights with the interests of an orderly and efficient educational process and of a school environment suitable for healthy growth and development of all students.
The school district shall assume no responsibility for the contents of any written material produced, posted, circulated or otherwise distributed in accordance with this policy, or of student conduct if such matter or conduct is based on interests other than those of an orderly and efficient educational process and proper school environments.
Printed material produced or distributed on school district property shall be noncommercial, bear the names of at least two students principally involved in the promotion of this material, and, when applicable, the name of the sponsoring student organization or group.
Printed material produced or distributed within the confines of school district property shall not:
1. contain libelous or obscene language;
2.  advocate illegal actions;
3.  contain false statements or innuendoes that would subject any person to  hatred, 
     ridicule, contempt, or injury to reputation;
4.  threaten imminent disruption of the school's educational process;
5. advocate actions which would endanger student health or safety;
6. invade the lawful rights of others;
7. be sold on school property, nor can material which solicits funds or donations 
    be circulated.
Distributors of materials will be held responsible for cleaning up litter caused by such distribution.

(cf. 1220  Citizens' Advisory Committees)
(cf. 1312  Public Complaints)
(cf. 6144 Controversial Issues)
(cf. 6161 Equipment, Books, and Materials: Provision/Selection)
Legal Reference:   
         Title IX of the Education Amendments of 19782, 34 CFR Section 106
         Meritor Savings Bank, FSB v Vinson, 477 U.S. 57 (1986)
    Civil Rights Act of 1964, Title VII, 42 U.S.C.2000-e2(a).
Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of     Sexual Harassment, effective 10/15/88. 
    Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26, 1998)
    Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26, 1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,     1998)
    Connecticut General Statutes
    46a-60 Discriminatory employment practices prohibited.
    Constitution of the State of Connecticut, Article I, Section 20.

REVISED:    September 23, 2019
        December 10, 2012
 

Students

Nondiscrimination 5145.4

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Americans with Disabilities Act/Section 504

(Rights of Students with Disabilities under Section 504)

The Board of Education shall ensure that no student is discriminated against in programs or activities receiving federal financial assistance. Individuals protected by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disability Act (ADA), as amended, are those individuals who: have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks, walking, standing, lifting, bending, seeing, hearing, speaking, writing breathing, learning, reading, concentrating, thinking, communicating and working); have a record of such impairment; or are regarded as having such an impairment. Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory under state law to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA), or eligible for accommodations under the ADA.

The Board directs the administration to identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities. A student whose disability is episodic or in remission is still eligible to be qualified under the Act. In addition, the determination that a student has an impairment that substantially limits a major life activity will be made without regard to whether mitigating measures (such as medication, devices, prosthetics, hearing aids, etc.) ameliorate the effects of the disability.

Students with disabilities pursuant to Section 504 and/or ADA shall be provided a free appropriate public education which may include, but is not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computer-aided instruction, and/or other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.

The Board directs the Superintendent to provide the staff appropriate training in this area of the law so as to ensure that the District is able to comply with the law in not discriminating against students with disabilities.

The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an individual to coordinate compliance with Section 504 and the ADA. The Board shall ensure that students with disabilities and their parents are notified annually of the Board's responsibilities under Section 504 and the ADA.

Students

Nondiscrimination 5145.4

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Americans with Disabilities Act/Section 504

(Rights of Students with Disabilities under Section 504)

(cf. 0521 – Nondiscrimination)

(cf. 4118.11/4218.11 – Nondiscrimination)

(cf. 4118.12/4218.12 – Disabilities)

(cf. 5141 – Student Health Services)

Legal Reference: Connecticut General Statutes

19-581 through 585 AIDS testing and medical information.

10-209 Records not to be public.

46a-60 Discriminatory employment practices prohibited.

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).

American Disability Act of 1989 (42 U.S.C. Ch 126 §12112), as amended by ADA Amendments Act of 2008 (Americans with Disabilities Act Amendment Act of 2008, 42 USC §§12101 et seq)

Individuals with Disabilities Education Act, 20 USC §§1400 et seq.

(IDEA)

Chalk v. The United States District Court of Central California.

Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to Implement ADA Amendments Act of 2008. Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Policy Adopted: April 17, 2017

Students

Sexual Harassment    

5145.51

General:  Sexual harassment will not be tolerated among students or staff of the school district.  Any form of sexual harassment is forbidden whether by students, supervisory or non-supervisory personnel, individuals under contract, or volunteers in the schools. Students shall exhibit conduct which is respectful and courteous to employees, to fellow students, and to the public.  In addition, the Board prohibits all discriminatory intimidation on the basis of any other status protected by law, including but not limited to race, color, age, gender, gender identity or expression, religion, sexual orientation, national origin, marital status, disability, or veteran status.

Definition:  Sexual harassment is any unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to:

1.    insulting or degrading sexual remarks or conduct;

2.     threats or suggestions that a student's submission to, or rejection of, unwelcome conduct will in any way influence a decision regarding that student;

3.      conduct of a sexual nature which substantially interferes with the student's learning or creates an intimidating, hostile, or offensive learning environment, such as the display in the educational setting of sexually suggestive objects or pictures.

Complaints Procedures:  The Board of Education encourages victims of sexual harassment to report such claims promptly by making a written or oral complaint to the building principal.  Should this individual be the alleged harasser, sexual harassment may be reported to the district’s Title IX coordinator:

            Director of Pupil Personnel Services
            30 Park Street, Vernon, CT 06066
            860-870-6000 Ext. 4666

Complaints shall be investigated promptly and thoroughly and corrective action shall be taken when allegations are verified. Confidentiality shall be maintained to the extent practicable under the circumstances and no reprisals or retaliation shall occur as a result of good faith charges of sexual harassment or cooperation in the investigation of a complaint.  If the complainant is a minor student, the person to whom the complaint is given should consider whether a child abuse report should be completed.

If it is determined that inappropriate conduct has been committed, the Board will take such action as is appropriate under the circumstances to eliminate the offending conduct and, where appropriate, impose discipline.  When the harasser is a Board employee, such action may include discipline up to and including dismissal from employment, as deemed appropriate under the circumstances consistent with applicable law and collective bargaining agreements.  When the harasser is a student, such action may include discipline up to and including expulsion and/or referral to the police or other appropriate agency.

The results of the investigation, including a good faith determination of whether or not harassment occurred as well as any disciplinary action to be taken, shall be maintained by the school district in a final report.  The Complainant and the alleged harasser will be informed in writing of whether harassment has been found.

The district shall provide staff development for district administrators and other staff and annually shall distribute this policy to staff and students.

Legal Reference:
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000-e2(a).
       Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of
           Sexual Harassment, effective 10/15/88.
Title IX of the Education Amendments of 1972, 34 CFR § 106.
       Revised Sexual Harassment Guidance, Harassment of Students by School Employees, Other
           Students, or Third Parties, Title IX (U.S. Department of Education, Office for Civil Rights, Jan. 19,
           2001)
Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26, 1998)
Burlington Industries, Inc. v. Ellerth, No.97-569, (U.S. Supreme Court, June 26, 1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866 (U.S. Supreme Court, June 26, 1998)
Davis v. Monroe County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999)
Constitution of the State of Connecticut, Article I, Section 20.

Policy revised:      September 23, 2019
                September 12, 2011
                   January 26, 2010
 

Students

Sexual Abuse Prevention and Education Program 5145.511

Page 1 of 4

The Vernon Public Schools District ensures that schools sustain healthy, positive, and safe learning environments for all students. It is important to change the social climate of the school and the social norms with regards to sexual abuse and assault. This requires the efforts of the entire staff.

Therefore, the Vernon Public Schools shall develop a comprehensive child abuse program with the goal of informing students and staff about child sexual abuse and assault awareness.

Definitions

Sexual abuse refers to coerced or forced sexual contact or activity that may be ongoing or occurs over time, often within a trusting relationship. Most victims know their perpetrators. Perpetrators are usually older than their victims and may trick or force them into gradually doing the sexual behavior. The sexual behavior may not be violent and may even be pleasurable to the child, who doesn't necessarily know it is wrong. Perpetrators of ongoing sexual abuse control the child/youth through secrecy, shame, or threats. Children cannot consent to sexual contact with adults or older youth, and sexual contact is considered abuse, regardless of whether it includes touching or not.

Sexual assault usually refers to forced or unwanted sexual contact or activity that occurs as a single incident, as opposed to ongoing sexual abuse that may continue over time. It may also involve verbal or visual behaviors, or any type of pressure designed to coerce or force someone to join in the unwanted sexual contact or activity. The assault may involve a similar range of behaviors that are attempted or perpetrated against a victim's will or when a victim cannot consent because of age, disability, or the influence of alcohol or drugs. Sexual assault may involve actual or threatened physical force, use of weapons, coercion, intimidation or pressure. The offender usually takes advantage of the victim's vulnerability. Anyone can perpetrate this type of abuse - a trusted friend or family member, a stranger, a casual acquaintance, or an intimate partner.

Sexual Abuse and Assault Awareness and Prevention Program

The Vernon Public Schools shall implement the Sexual Abuse and Assault Awareness and Prevention Program identified or developed, in compliance with CGS 17a-101q, by the Department of Children and Families, in collaboration with the Department of Education and other assisting entities, with the goal of informing students and staff about child sexual abuse and assault awareness and available resources. The program, for students in Grades K-12, inclusive, shall include, but not be limited to:

Students

Sexual Abuse Prevention and Education Program 5145.511

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Implementing a child sexual abuse curriculum to provided age-appropriate information to teach students the difference between appropriate and inappropriate conduct in situations where child sexual abuse or sexual assault could occur, and to identify actions a child may take to prevent and report sexual abuse or assault. Students will be:

Provided with resources and referrals to handle these potentially dangerous situations.

Provided access to available counseling and educational support.

Providing mandatory training to all District staff to ensure they are fully informed on:

a) The warning signs of sexual abuse and sexual misconduct involving a

child,

b) Mandatory reporting requirements,

c) School District policies, and

d) Establishing and maintaining professional relationships with students,

e) Available resources for children affected by sexual abuse, sexual

assault or misconduct.

f) Appropriate follow-up and care for abused students as they return

to the classroom setting.

Providing students age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and assault awareness and prevention that may include, but not be limited to:

The skills to recognize child sexual abuse and assault; boundary violations and unwanted forms of touching and contact; and ways offenders groom or desensitize victims.

Strategies to promote disclosure, reduce self-blame and mobilize bystanders.

Actions that child victims may take to obtain assistance.

Access to educational resources to enable child victims to succeed in school.

Uniform procedures for reporting instances of child abuse and assault to school staff members.

Students

Sexual Abuse Prevention and Education Program 5145.511

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A student shall be excused from participating in classroom instruction regarding sexual abuse and sexual assault upon receipt by the Principal or his/her designee of a written request from the student’s parent/guardian. Such request shall be sufficient to exempt the student from such program in its entirety or from portions of it so specified by the parent/guardian.

Students, parents/guardians, teachers and schools staff and school volunteers shall be provided information, at a minimum on an annual basis, on the District’s policy and procedures against sexual abuse and assault. The information shall include evidence-based methods of preventing sexual abuse and assault, as well as how to effectively identify and respond to sexual abuse and incidents within the scope of the school.

The District shall utilize existing resources, including but not limited to, student support services staff (e.g. school social workers, school counselors, school psychologists) to assist in providing sexual abuse and assault intervention and prevention training.

Reporting Child Sexual Abuse and Assault

Students shall be encouraged to disclose abuse to a trusted adult member of the staff, including, but not limited to, teachers, administrators, nurses, coaches, and counselors. Child abuse reporting procedures will be followed for all acts of violence and sexual abuse against children as delineated in policy #5141.4, "Reporting of Suspected Child Abuse," and its accompanying regulations.

Connecticut General Statutes §17a-101, as amended, requires all school employees including the Superintendent of Schools, school teachers, substitute teachers, administrators, school guidance counselors, school paraprofessionals, licensed nurses, physicians, psychologists, social workers, coaches of intramural or interscholastic athletics, or any other person, who in the performance of his/her duties, has regular contact with students and who provides services to District students, who have reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent risk of serious harm to report such abuse and/or neglect in compliance with applicable state statutes.

An oral report by telephone or in person shall be made as soon as possible but no later than 12 hours to the Commissioner of Children and Families and to the Superintendent of Schools or his/her designee followed within 48 hours by a written report to the Department of Children and Families.

Students

Sexual Abuse Prevention and Education Program 5145.511

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Reporting suspected abuse and/or neglect of children, in addition to the requirements

pertaining to staff training, record keeping and dissemination of this policy, shall be in

accordance with the procedures established and set forth in the Administrative

Regulation #5151.4.

(cf. 5131.911 – Bullying Behavior in the Schools)

(cf. 5141.4 – Report of Child Abuse and Neglect)

(cf. 5145.51 - Sexual Harassment)

Legal Reference: Connecticut General Statutes

17a-101q Statewide sexual abuse and assault awareness and prevention program (as

amended by Section 415 of the June 2015 Special Session Public Act 15-1)

A Statewide K-12 Sexual Abuse and Assault Prevention and Awareness Program

developed by DCF, SDE, and Connecticut Alliance (The Alliance) to End Sexual Violence

P.A. 14-196, An Act Concerning a State-Wide Sexual Abuse and Assault Awareness Program

Revised: June 25, 2018

June 26, 2018

Adopted: May 26, 2015

Students

Student Grievance Procedures 5145.6

Page 1 of 1

Designation of Responsible Employee

The Board of Education shall designate an individual as the responsible employee to coordinate school district compliance with Title IX.

The designee, the District’s Compliance Officer, in collaboration with building level Compliance Officer, shall formulate procedures for carrying out the policies in this statement and shall be responsible for continuing surveillance of district educational programs and activities with regard to compliance with Title IX.

The designee shall, upon adoption of this policy and once each academic year thereafter, notify all students and employees of the District of the name, office address and telephone number of the designee. Notification shall be by posting and/or other means sufficient to reasonably advise all students and employees.

Grievance Procedure

Any student or employee shall have a ready means of resolving any claim of discrimination on the basis of sex in the educational programs or activities of the District.

Dissemination of Policy

The Superintendent of Schools shall notify applicants for admission, students, parents/guardians of elementary and secondary school students, sources of referral of applicants for admission, employees and applicants for employment that it does not discriminate on the basis of sex in the educational programs or activities which it operates and that it is required by Title IX not to discriminate in such a manner. The notification shall be made in the form and manner required by law or regulation.

Legal Reference:

20 U.S.C. 1681 - Title IX of the Educational Amendments of 1972

34 CFR Section 106 - Title IX of the Educational Amendments of 1972

Policy Reviewed: June 25, 2018

Policy Revised: May 13, 2013

Students

Research/Surveys5156

Page 1 of 2

Research Involving Students

All requests for the services of student volunteers in research projects, special studies, and surveys not part of the regular educational program must have parent, Superintendent of Schools, and Board of Education approval.

Staff members shall submit their request through regular administrative channels.

Survey of Students

Surveys can be a valuable resource for schools and communities. Administrators, teachers, other staff members and the Board of Education may use surveys for many purposes. Such purposes may include, but are not limited to, the need for student services, the determination of prevailing views pertaining to proposed policies and/or practices, or the determination of student knowledge and/or attitudes related to a specific subject or unit. When a survey is used, every effort should be made to ask questions in a neutral manner to ensure the accuracy of the survey. Responses to surveys will not be used in any identifying manner. Administrative approval is required for all surveys.

Surveys conducted for other agencies, organizations or individuals must have the recommendation of the Superintendent of Schools and the approval of the Board of Education as to content and purpose. The results of approved surveys, if made available, must be shared with the Board of Education.

Upon prior written notice to the building principal, parents/guardians, or students 18 or older, have the right to opt the student out of participation in the administration of any survey.

Parental consent must be obtained before a student may take part in a survey, analysis, or evaluation regarding the following:

Political affiliations or beliefs of the student or the student’s parents

Mental or psychological problems of the student or the student’s family

Sex behaviors or attitudes

Illegal, anti-social, self-incrimination and demeaning behavior

Critical appraisal of other individuals with whom respondents have close family relationships

Students

Research/Surveys

Research Involving Students 5156

Page 2 of 2

Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers

Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)

Religious practices, affiliations or beliefs of the student or the student’s parents

Overall survey results affecting educational decisions must be shared with all parties who request such information.

Parents have the right to inspect, upon written request, a survey before the survey is administered or distributed by a school to a student. Such requests must be responded to in a timely manner prior to the administration of the survey. Parents/guardians shall be notified of this policy, at least annually at the beginning of each school year or when enrolling students for the first time in the district.

(cf. 6141 – Curriculum Design and Development)

(cf. 6161 – Equipment, Books and Materials)

(cf. 6161.1 – Evaluation of Instructional Materials)

Legal Reference:

P.L. 103-227 Section 1017 (which amends Section 439 of the General Education Provisions Act)

P.L. 107-110, (HR 1 – “Leave no Child Behind”) * 1061/1062 – Student Privacy, Parental Access to Information, and Administration of certain Physical Examinations to Minors Regulation 43 CFR Part 99

Policy Reviewed: June 25, 2018

Policy Revised: December 13, 2010

Students

Non-discrimination 5157

Page 1 of 2

In compliance with regulations of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the Americans With Disabilities Act, the Board of Education adopts the following Equal Education Opportunity Policies:

Equal Education Opportunity: Pursuant to the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with handicaps shall, solely by reason of such handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of the Board of Education.

Every student has the right to participate fully in classroom instruction and extracurricular activities which shall not be abridged or impaired because of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability or any classification protected by law, past or present history of mental disorder, intellectual disability, learning disability parenthood, or for any reason not related to his/her individual capabilities.

Legal References:

Connecticut General Statutes

19-581 through 585 AIDS testing and medical information

10-209 Records not be public

46a-60 Discriminatory employment practices prohibited

Section 504 and the Federal Vocational Rehabilitation Act of 1973,

20 U.S.C. 706(7)(b)

American Disability Act of 1989 (42.U.S.C. Ch 126§12112), as amended

By ADA Amendments Act of 2008

Chalk v. The United States District Court of Central California

Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000-e2(a)

Civil Rights Act of 1987

Title IX of the Education Amendments of 1972, 34 CFR Section 106

Meritor Savings Bank FSB v. Vinson, 477 U.S. 57 (1986)

Connecticut General Statutes

Students

Non-discrimination 5157

Page 2 of 2

46a-60 Discriminatory employment practices prohibited

Constitution of the State of Connecticut, Article I, Section 20

REVISED: May 14, 2012

September 12, 2011

December 13, 2010