5000 Students

5000 Student Educational Development (Policy Revised 10-24-2022)

Students

Student Educational Development 5000

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

Each child of each parent shall be given equal opportunity. However, children vary widely in capacities, interests, and social and economic background. Therefore, no two can be treated exactly alike if the fullest development of each is to be achieved.

The Board of Education will attempt to erase any limitations of facilities and means that stand in the way of our school's availability to all who wish to learn.

Discrimination among students attending our schools, with respect to race, color, religion, sex, sexual orientation, gender identity/expression, national origin, ancestry, disability, (including, but not limited to, intellectual disability, past or present history of mental disorder, pregnancy, physical disability or learning disability), genetic information, marital status, age and Veteran’s 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

Policy Revised: October 24, 2022
March 12, 2018
September 24, 2012

5111 Admission/Placement (Policy Revised 10-24-2022)

Students

Admission/Placement 5111

Admission

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, sex, religion, national origin, or sexual orientation. Students who are classified as homeless under federal law or an unaccompanied youth, as described in 42 USC 11434a, and therefore do not have a fixed residence, will be admitted pursuant to federal law and policy 5118.1.

The parent or responsible adult 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 or responsible adult 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. The 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.

The parent/guardian of any child who is denied admission to the district’s schools, or an unaccompanied minor, a student eighteen years of age or older, a homeless child or youth or an unaccompanied youth who is denied schooling on the basis of residency, or an agent or officer charged with the enforcement of the laws concerning attendance at school may request, in writing, a hearing by the Board of Education.

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

Any child entering or returning to the district from 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.

The District will immediately enroll any student who transfers from Unified District No. 1 or Unified District No 2. A student transferring from the Unified School Districts who had previously attended school in the local District shall be enrolled in the school such student previously attended, provided such school has the appropriate grade level for the student.

The parent or responsible adult of a child seventeen (17) years of age may consent to such child’s withdrawal from school. The parent or responsible adult of a child seventeen years of age 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 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 terminated enrollment in the district's schools with parental permission, as previously described subsequently seeks re-admission, may be denied re-admission for up to ninety (90) school days from the date of such termination, unless such child seeks re-admission to the Vernon schools not later than ten (10) school days after such termination. In such case, the child will be provided school accommodations not later than three (3) school days after the requested re-admission.

Placement

Children who apply for initial admission to the district's schools by transfer from nonpublic 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.

Note: When a student is enrolling in a new school district or new state charter school, written notification of such enrollment shall be provided to the previous school district or charter school not later than two business days after the student enrolls.

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.

(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

4-176e to 4-180a Agency hearings

4-181a Contested cases. Reconsideration. Modifications.

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

10-220h Transfer of Student Records

PA-11-15, An Act Concerning Juvenile Re-entry and Education

P.A. 19-179 An Act Concerning Homeless Students’ Access to Education

Appeals to state board. Establishment of hearing board

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

10-233c Suspension of pupils

10-233d Expulsion 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)

10-76d-7 Admission of student requiring special education (referral)

10-204a Required immunizations

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

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

Policy Revised: October 24, 2022

March 12, 2018

September 24, 2012

5111.1 Foreign Exchange Students (Policy Reviewed 10-24-2022)

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: October 24, 2022
March 26, 2018
Revised: September 24, 2012

5112 Ages of Attendance (Policy Revised 10-24-2022)

Students

Ages of Attendance 5112

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. For purposes of establishing the residency of a child of a member of the armed forces, as defined in C.G.S. 27-103, and who is seeking enrollment in a district school, in which such child is not yet a resident, the Board shall accept the military orders directing such member to Connecticut or any other documents from the armed forces indicating the transfer of such member to Connecticut as proof of residency in the District.

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. Students under age eighteen are subject to mandatory attendance laws unless they are at least seventeen and their parent/guardian, or other person having control of the child, consents to such child's removal from school. The parent or person 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 a guidance counselor, school counselor, or school administrator of the school that this district has provided the parent or person with information on the educational opportunities options available in the school system and in the community.

The parent or person having control 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 or person having control 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.

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.

The parent/guardian of any child who is denied admission to the district's schools, or an unaccompanied minor, a student eighteen years of age or older, a homeless child or youth or an unaccompanied youth who is denied schooling on the basis of residency, or an agent or officer charged with the enforcement of the laws concerning attendance at school may request, in writing, a hearing by the Board of Education.

The 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.

A child who has attained the age of seventeen and who has voluntarily terminated enrollment with parental consent in the district's schools and subsequently seeks readmission may be denied readmission for up to ninety school days from the date of such termination, unless such child seeks readmission to the District not later than ten (10) schooldays after such termination in which case the Board shall provide school accommodations to such child not later than three school days after such child seeks readmission.

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 they cannot acquire a sufficient number of credits for graduation by age twenty-one.

(cf. 5111 - Admission/Placement)
(cf. 5118.1 - Homeless Students)
cf. 5118.3 - Children in Foster Care)
(cf. 5112 - Ages of Attendance)
(cf. 6146 - Graduation Requirements)

Legal Reference: Connecticut General Statutes
4-176e to 4-180a Agency hearings
4-181a Contested cases. Reconsideration. Modifications.
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 PA-98-243, PA 00-157, PA 09-6 (September Special Session) and PA 18-15
10-186 Duties of local and regional boards of education re school attendance. Hearings. (as amended by P.A. 19-179)
Appeals to State Board. Establishment of hearing board
10-233a - 10-233f Inclusive; re: suspend, expel, removal of students
10-233c Suspension of students
10-233d Expulsion of pupils
State Board of Education Regulations
10-76a-1 General definitions (c) (d) (q) (t)
P.A. 19-179 An Act Concerning Homeless Students' Access to Education
P.A. 21-86 An Act Concerning the Enrollment of Children of Members of the Armed Forces in Public Schools and the Establishment of a Purple Star School Program
McKinney-Vento Homeless Assistance Act (PL 107-110 Sec. 1032) 42 U.S.C. §11431-11435, as amended by the ESSA, P.L. 114-95
Federal Register: McKinney-Vento Education for Homeless Children & Youths Program, Vol. 81 No. 52, 3/17/2016

Policy Revised:     October 24, 2022
June 8, 2020
March 12, 2018
September 24, 2012
April 26, 2010

5113 Attendance, Absences, Tardiness, Early Dismissal and Dismissal Precautions (Policy Revised 10-24-2022)

Students

Attendance, Absences, Tardiness, Early Dismissal and Dismissal Precautions 5113

______________________________________________________________________________________________________________________________________________________

Attendance

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

Connecticut state law requires parents to cause their children, ages five through eighteen inclusive, to attend school regularly during the hours and terms the public school is in session. Parents or a responsible adult 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.

A student is considered to be "in attendance" if present at their assigned school, or an activity sponsored by the school (e.g., field trip), 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" shall be considered absent.

Classroom learning experiences are the basis for public school education. Time lost from class is lost instructional opportunity. The Board of Education requires that accurate records be kept of the attendance of each child, and students should not be absent from school without parental knowledge and consent.

Definitions (related to chronic absenteeism)

Chronically absent child: An enrolled student whose total number of absences at any time during a school year is equal to or greater than ten percent of the total number of days that such student has been enrolled at such school during such school year.

Absence: An excused absence, unexcused absence or disciplinary absence, as those terms are defined by the State Board of Education pursuant to C.G.S. 10-198b.

District chronic absenteeism rate: The total number of chronically absent children in the previous school year divided by the total number of children under the jurisdiction of the Board of Education for such school year.

School chronic absenteeism rate: The total number of chronically absent children for a school in the previous school year divided by the total number of children enrolled in such school for such school year.

Excused Absences

A student's absence from school shall be considered "excused" if written documentation of the reason for such absence has been submitted within ten (10) school days of the student's return to school and meets the following criteria:

A. For absences one through nine, a student's absences from school are considered "excused" when the student's parent/guardian approves such absence and submits appropriate documentation to school officials.

B. A student's engagement in remote classes, remote meetings, activities on time-logged electronic systems, and completion and submission of assignments, if such engagement accounts for not less than one-half of the school day during remote learning is excluded from the definitions of "excused absence" and "unexcused absence."

C. Absence resulting from a student enrolled in grades K-12, taking two mental health days during the school year. Such absence is to permit the student to attend to their emotional and psychological well-being in lieu of attending school. The student shall not be required to present documentation or parental/guardian consent. For purposes of school year limitation, such absence shall be identified as a "mental health wellness day." A student cannot take these mental health days during consecutive school days.

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

1. Student illness (must be verified by a licensed medical professional to be deemed excused, regardless of the length of the absence);

2. Student's observance of a religious holiday;

3. Death in the student's family or other emergency beyond the control of the student's family;

4. Mandated court appearances (documentation required);

5. The lack of transportation that is normally provided by a district other than the one the student attends (no parental documentation required);

6. Extraordinary educational opportunities pre-approved by District administration and to be in accordance with Connecticut State Department of Education guidance.

E. A student's absence from school shall be considered unexcused unless:

1. The absence meets the definition of an excused absence and meets the documentation requirements; or

2. The absence meets the definition of a disciplinary absence, which is the result of school or District disciplinary action and are excluded from these State Board of Education approved definitions.

When the school in which a child is enrolled receives no notification from a parent or responsible adult of the child and is aware of the child's absence, a reasonable effort shall be made by school personnel or volunteers under the direction of school personnel to notify by telephone and by mail such parent or responsible adult of the child.

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 within five days after the student returns to school.

Excused Absences for Children of Service Members

An enrolled student, age five to eighteen, inclusive, whose parent or legal guardian is an active duty member of the armed forces, as defined in section 27-103, and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting, shall be granted ten days of excused absences in any school year and, at the discretion of the Board of Education, additional excused absences to visit such child's parent or legal guardian with respect to such leave or deployment of the parent or legal guardian. In the case of such excused absences such child and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence, and for ensuring that such assignments are completed by such child prior to their return to school from such period of excused absence.

Chronic Absenteeism

The Board of Education, in compliance with statute, requires the establishment of attendance review teams when chronic absenteeism rates in the District or at individual schools in the District meet the following circumstances:

1. A team for the District must be established when the District chronic absenteeism rate is 10 percent or higher.

2. A team for the school must be established when the school chronic absenteeism rate is 15 percent or higher.

3. A team for either the District or each school must be established when (a) more than one school in the District has a school chronic absenteeism rate of 15 percent or higher or (b) a District has a District chronic absenteeism rate of 10 percent or higher and one or more schools in the District have a school chronic absenteeism rate of 15 percent or higher.

The membership of attendance review teams may consist of school administrators, guidance counselors, school social workers, teachers, chronically absent children, parents/guardians of chronically absent children, and representatives from community-based programs who address issues related to student attendance by providing programs and services to truants.

Each attendance review team shall be responsible for reviewing the cases of truants and chronically absent children, discussing school interventions and community referrals for such truants and chronically absent children and making any additional recommendations for such truants and chronically absent children and their parents/guardians. Each established attendance review team shall meet at least monthly.

The District shall utilize the chronic absenteeism prevention and intervention plan developed by the State Department of Education. Such plan must include the means for collecting and analyzing data relating to student attendance, truancy and chronic absenteeism. The data must be disaggregated by school district, school grades and subgroups such as race, ethnicity, gender, eligibility for free and reduced priced lunches, students whose primary language is not English, and students with disabilities.

The District shall annually include in information for the strategic school profile report for each school and the District that is submitted to the Commissioner of Education, data pertaining to truancy and chronically absent children.

The Principal or designee of any elementary or middle school located in a town/city designated as an alliance district may refer to the children's truancy clinic established by the Probate Court serving the town/city, a parent/guardian with a child defined as a truant or who is at risk of becoming a truant. (An attendance officer or a police officer shall deliver the citation and summons and a copy of the referral to the parent/guardian.)

Dismissal

No school, grade, or class may be dismissed before the regularly scheduled dismissal time without the approval of the Superintendent or designee.

No teacher may permit any individual student to leave school prior to the regular hour of dismissal without the permission of the Principal.

No student may be permitted to leave school at any time other than at regular dismissal without the approval of the student's parent/guardian. If a court official with legal permission to take custody of a child, or if a police officer arrests a student, the parent/guardian should be notified of these situations by the administration.

(cf. 5113.2 - Truancy)

Legal Reference: Connecticut General Statutes

10-184 Duties of parents (as amended by PA 98-243, PA 00-157 and PA 18-15)

10-185 Penalty

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" (as amended by PA 21-46 Section 19)

10-198d Chronic absenteeism (as amended by PA 17-14 and PA 18-182)

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

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

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

PA 21-46 An Act Concerning Social Equity and the Health, Safety and Education of Children

Policy Revised: October 24, 2022

June 11, 2018

October 30, 2017

September 24, 2012

5113.1 Work Permits (Policy Revised 10-24-2022)

Students

Work Permits 5113.1

All minors under the age of 18 years old, except in limited circumstances defined by law, employed in Connecticut, must have a Certificate of Age Form ED-301, also called “Working Papers”.

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, theatrical, industry, restaurant, public dining room, bowling alley or barber shop,” Students must be fifteen (15) years of age or older to work in any “mercantile establishment.” Students must be fourteen (14) years of age or older to work at a municipal or private golf course.

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 to the minor. It must include the job title, duties, hourly wages, the hours the minor will work and the employer’s signature. 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: October 24, 2022
Revised: March 12, 2018
Reviewed: November 13, 2012

5113.2 Truancy and Chronic Absenteeism (Policy Revised 10-24-2022)

Students

Truancy and Chronic Absenteeism 5113.2

______________________________________________________________________________________________________________________________________________________

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.

“In attendance” shall mean a student, if present at their assigned school, or an activity sponsored by the school (e.g. field trip), 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.

"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.

“Chronically Absent” 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.

“Mental health wellness day” means a school day during which a student attends to their emotional and psychological well-being in lieu of attending school. Such days must be non-consecutive.

“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 truancy and chronic absenteeism. The Superintendent of Schools shall develop regulations which will detail the following school district obligations under the District's attendance/truancy policies and procedures.

1. Notify parents annually of their obligations under the attendance policy.

2. 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.

3. Establish a system to monitor student attendance.

4. 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.

5. 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.

6. Make a reasonable effort by telephone and by mail to notify parents/guardians of the child, enrolled in grades one through eight,

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.

7. 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.

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

9. 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. Such

meeting may involve the school or District Attendance Team. 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.

Students identified as truant or chronically absent may be subject to 1) retention in the same grade to acquire necessary skills for promotion; 2) a requirement to complete a summer school program successfully before being promoted.

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.
10-220(c) Duties of Boards of Education
10-221(b) Board of education to prescribe rules. Campbell v New Milford, 193 Conn 93 (1984).
45a-8c Truancy Clinic. Administration. Policies and procedures. Report.
PA22-47 An Act Concerning Children’s Mental Health
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.
Campbell v. New Milford, 193 Conn 93 (1984).

Revised: October 24, 2022
June 11, 2018
September 24, 2012
May 14, 2012

5114 Suspension, Expulsion, and Due Process (Policy Revised 12-12-2022)

Students

Suspension, Expulsion, and Due Process 5114

It is the goal of the Vernon Board of Education (“Board”) to ensure the safety and welfare of all students in attendance at Board controlled schools, 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 and regulations. 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 successful disciplinary approach. The Board authorizes and directs the Superintendent of Schools (“Superintendent”), or designee, to develop, revise as needed, publish, and maintain regulations for the accomplishment of necessary and appropriate student discipline. Such regulations shall include, among other things, a listing of potential student infractions that are prohibited within the District and, if committed, could result in discipline against the offending student(s). In addition, these regulations will include the procedures required for the imposition of such disciplines and shall be made available, in writing, by email, and in student handbooks, to all students, parents, Board staff and the general public on at least an annual basis.

Available Students Disciplinary Actions:

A.    Removal from Class

       The Board authorizes all teachers employed by the Board to remove a student from class, in accordance with State statutes, when such student deliberately causes a serious disruption of the educational process within the classroom.

B.   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 regulations, 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, extra-curricular field trips, and school trips out-of-state and abroad.

C. Suspension

1. The Board authorizes all administrators of the schools under its direction (hereinafter “Administration”) to suspend from school privileges, in accordance with State statutes, a student whose conduct on school grounds or at a school sponsored activity is violative of a publicized policy of the Board or is seriously disruptive of the educational process or endangers persons or property, or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process. In determining whether conduct is seriously disruptive of the educational process, the Administration 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. A student may be suspended (in-school) or suspended (out-of-school) in accordance with State statutes.

2. The Board further authorizes the Administration to suspend transportation services for a student whose conduct while awaiting or receiving transportation to and from school endangers persons or property or is violative of a publicized policy of the Board.

3. Unless an emergency exists, no student shall be suspended from school privileges and/or transportation services without an informal hearing by the Administration, at which such student shall be informed of the reasons for the disciplinary action and given an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more formal hearing from being held if the circumstances surrounding the incident so require. In the event of an emergency, the hearing outlined above shall be held as soon as possible after the exclusion of the student from school.

4. 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, suspension, or expulsion of such student.

5. Whenever a student is suspended pursuant to the provisions of C.G.S. § 10-233c, notice of the suspension and the conduct for which the student was suspended shall be included on the student's cumulative educational record. The Board directs the Administration to expunge such notice from the cumulative educational record if the student graduates from high school, or in the case of a suspension of a student for which the length of the suspension period is shortened or the suspension period is waived pursuant to subsection (e) of this section, such notice shall be expunged from the cumulative educational record by the Board:

a. if the student graduates from high school; or

           b.   at the discretion of the Administration, at the time the student completes the Administration-specified program and meets any other conditions required by the Administration pursuant to C.G.S. § 10-233c(e), whichever is earlier.

D.   Expulsion

       1.   The Board, at a meeting at which three or more Board members are present, or an impartial hearing board established pursuant to C.G.S. § 233d(b), may expel any student in grades three to twelve, inclusive, whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of the Board and is seriously disruptive of the educational process, or endangers persons or property, or whose conduct off school grounds is violative of such Board policy and is seriously disruptive of the educational process, provided a majority of the Board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. In determining whether the alleged conduct is seriously disruptive of the educational process, the Board or impartial hearing board, as applicable, may consider, but such consideration shall not be limited to: a. whether the incident occurred within close proximity of a Board-controlled school; b. whether other students from            the school were involved or whether there was any gang involvement; c. whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as defined in C.G.S. §29-38, and whether any injuries occurred; and d. whether the conduct involved the use of alcohol.

       2.     Expulsion proceedings pursuant to C.G.S. § 10-233d, except as otherwise provided in said statute, shall be required for any student in grades kindergarten to twelve, inclusive, whenever there is reason to believe that such student: a. on school 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: b. off school grounds, did possess such a 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 under chapter 952, or c. on or off school grounds, offered for sale or distribution a controlled substance, as defined C.G.S. § 21a-240(9), 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. §§21a-277 and 21a-278. Said student shall be expelled for one calendar year if the Board or impartial hearing board finds that the student did so possess or so possess and use, as appropriate, such a firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance, provided the Board or the hearing board may modify the period of expulsion for any student on a case-by-case basis, and as provided for in C.G.S. § 10-233d(c)(2)..

       3.   Unless an emergency exists, no student shall be expelled without a formal hearing held pursuant to C.G.S. § 10-233d provided, whenever such student is a minor, the notice required by C.G.S. § 4-177 and §4-180 shall also be given to the parents or guardian of the student at least five business days before such hearing.

4. For purposes of conducting expulsion hearings, the Board may, with any two or more other such boards in cooperation, establish an impartial hearing board of one or more persons. No member of the Board or boards shall be a member of the hearing board. The hearing board shall have the authority to conduct the expulsion hearing and render a final decision in accordance with the provisions of C.G.S. §§ 4-176e to 4-180a, inclusive, and § 4-181a.

5. In determining the length of an expulsion and the nature of the alternative educational opportunity to be offered under C.G.S. § 10-233d, the Board, or the impartial hearing board established pursuant C.G.S. 10-233d(b), may receive and consider evidence of past disciplinary problems that have led to removal from a classroom, suspension or expulsion of such student.

6. For any student expelled for the first time and who has never been suspended pursuant to C.G.S. § 10-233c, except for a student who has been expelled based on possession of a firearm or deadly weapon as described in C.G.S. § 10-233d(a), the Board 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 Board-specified program shall not require the student or the parent or guardian of the student to pay for participation in the program.

7. a. The Board is not required to offer an alternative educational opportunity, except in accordance with the provisions of C.G.S. § 10-233d. Any student under sixteen years of age who is expelled shall be offered an alternative educational opportunity, which shall be offered in accordance with C.G.S. §§ 10-74j or 10-233o, as applicable, 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 opportunity shall not be subject to the provisions of C.G.S. § 10-184.

b. Any student expelled for the first time, who is between the ages of sixteen and eighteen, and wishes to continue his or her education, shall be offered such an alternative educational opportunity if he or she complies with conditions established by the Board. Such alternative educational opportunity may include, but shall not be limited to, the placement of a student who is at least seventeen years of age in an adult education program pursuant to C.G.S. § 10-69. Any student participating in any such adult education program during a period of expulsion shall not be required to withdraw from school under C.G.S. § 10-184. The Board shall count the expulsion of a student when he was under sixteen years of age for purposes of determining whether an alternative educational opportunity is required for such student when he is between the ages of sixteen and eighteen. The Board of education may offer an alternative educational opportunity to a student for whom such alternative educational opportunity is not required pursuant to Connecticut statutes.

8. If a student is expelled pursuant for possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument, or martial arts weapon, as defined in C.G.S. § 53a-3, the Board shall report the violation to the local police department or, in the case of a student enrolled in a technical education and career school, to the state police. If a student is expelled for the sale or distribution of a controlled substance, as defined in C.G.S. § 21a-240(9), 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, 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.

9. Whenever 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 notice of an expulsion of a student in grades nine to twelve, inclusive, based on possession of a firearm or deadly weapon as described in C.G.S.§10-233d(a):

a. shall be expunged from the cumulative educational record by the Board if the student graduates from high school; or

b. may be expunged from the cumulative educational record by the Board before the student graduates from high school if:

i. in the case of a student for which the length of the expulsion period is shortened or the expulsion period is waived pursuant to C.G.S. §10-233d(c)(2), the Board determines that an expungement is warranted at the time such student completes the Board-specified program and meets any other conditions required by the Board pursuant to C.G.S. §10-233d(c)(2), or

ii. the student has demonstrated to the Board that the conduct and behavior of such student in the years following such expulsion warrants an expungement.

iii. The Board, in determining whether to expunge such notice under this subdivision, may receive and consider evidence of any subsequent disciplinary problems that have led to removal from a classroom, suspension or expulsion of such student.

E. Suspension or Expulsion for Conduct Off School Grounds

1. Students are, under §§ 10-233c and d, subject to suspension or expulsion for conduct off school property and outside of school-sponsored activities for such conduct that violates a publicized policy of the Board and is seriously disruptive of the educational process.

2. In determining whether conduct is "seriously disruptive of the educational process," the Administration, Board or impartial hearing board, as applicable, may consider, but such consideration shall not be limited to:

a. whether the incident occurred within close proximity of a school;

b. whether other students from the school were involved or whether there was any gang involvement;

c. 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

d. whether the conduct involved the use of alcohol, any illegal substance and/or misuse of a prescribed drug.

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 C.G.S. § 21a-240(9), 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 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 student enrolled in a preschool program provided by the Board shall not be expelled from such school except that a student shall be expelled for one calendar year from such preschool program if, at the expulsion hearing, it is determined that the student did so possess a firearm, as defined in 18 U.S.C. 921, as amended from time to time, on or off school grounds or at a preschool program-sponsored event.

G. Expulsion Procedures

1. The Board may, upon recommendation of the Superintendent, expel any student for one or more of the reasons stated in this policy or the administrative regulations pertaining thereto, if in the judgment of the Board, such disciplinary action is in the best interest of the school system or otherwise required by law. The Board shall make such expulsion decision only after an expulsion hearing held in accordance with the administrative regulations pertaining to student expulsions developed and maintained at the direction of the Board by the Superintendent.

The Administration shall annually notify students and parents of the Board’s Policy #5144 regarding Suspension, Expulsion and Dues Process and its corresponding administrative regulations.

Legal Reference:   Connecticut General Statutes
               4-176e through 4-180a. - Contested Cases. Notice. Record, as amended
               10-74j - Alternative education (PA 15-133)
               10-222d - Safe school climate plans. Definitions. Safe School climate assessments.
               10-233a through 10-233f - Suspension, removal and expulsion of students, as amended.
               10-233l - Expulsion and Suspension of children in preschool programs
               19a-342a - Use of electronic nicotine delivery system or vapor product prohibited
               29-38 - Weapons in Vehicles
               53a-3 - Definitions.
               53a-217b - Possession of Firearms and Deadly Weapons on School Grounds.
               53-344b - Sale and Delivery of electronic nicotine delivery system or vapor products to minors
               53-206 - Carrying of dangerous weapons prohibited
               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
               Federal Law
               GOALS 2000: Educate America Act, Pub. L. 103-227.
               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
               18 U.S.C. §921 - Definitions of Firearms
               18 U.S.C. §930(g)(2) - Definition of dangerous weapon
               18 U.S.C. §1365 (h)(3) - Identifying “Serious bodily injury”
               21 U.S.C. §812(c) - Identifying “Controlled Substances”

Revised: December 12, 2022
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

5117 School Attendance Areas (Policy Revised 10-24-2022)

Students

School Attendance Areas 5117

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. Assignment to attendance areas may be subject to modification when federal law applicable to students placed in foster care or students who are homeless requires that such students be educated in a “school of origin” that differs from the assigned attendance area.

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 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.

(cf 3541 Transportation of Students)
(cf 3541.9 Inappropriate Behavior on School Vehicles and Consequences)
(cf 5231.5 Bus Vandalism)
(cf 5118.1 Homeless Students)

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: October 24, 2022
March 12, 2018
November 13, 2012
June 25, 2012
December 8, 2008
June 25, 2007

5118 Non-Resident Students (Policy Revised 1-9-2023)

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 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 their 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 is 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 their senior year, they may request to complete their 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: January 9, 2023

May 14, 2018

November 13, 2012

December 13, 2010

June 25, 2007

January 12, 2004

5118.1 Homeless Students (Policy Revised 3-13-2023)

Students

Homeless Student 5118.1

A. It is the policy of the Vernon Board of Education (“Board”) that no child or youth shall be discriminated against or stigmatized in this school district because of homelessness. Homeless children or youths (hereinafter referred to collectively as “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.

B. The Superintendent of Schools (“Superintendent”), or designee, shall make reasonable efforts to identify homeless students 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.

C. 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.

D.   Homeless students may:
1.   continue in the school of origin, as that term is defined by state and federal statutes, 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.

E.   Homeless students shall be provided educational services that are comparable to those provided to other students enrolled in the district, including but not limited to:
1.   Title I;
2.   transportation services;
3.   compensatory educational programs;
4.   gifted and talented;
5.   special education;
6.   ESL;
7.   referral to health, dental, mental health and abuse, housing, and other appropriate services; and
8.   food and nutrition programs.

F. The Superintendent, or designee, shall attempt to remove existing barriers to school attendance by homeless emancipated minors and youth eighteen years of age in accordance with the following criteria:
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 for such child.
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 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 student, 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 policy on immunizations.
7.   The Board will provide any homeless student, who is not in the physical custody of a parent/guardian (“unaccompanied youths”), full access to their educational records, including medical records, in the Board's possession.
8.   The District will treat information about a homeless student or unaccompanied 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 students may be waived at the discretion of the Superintendent.

G. The District's Liaison for Homeless Children and Youths (“Liaison”) must assist homeless students, as described within the administrative regulations, in the placement/enrollment decisions, considering the youth's wishes and provide notice of appeal under the McKinney-Vento Act's (“Act”) enrollment disputes provisions. The Liaison shall also participate in State provided professional development programs for local liaisons.

H.   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.

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

(cf. Policy #5143 Student Health Assessments and Immunizations)
(cf. Policy #5146 Child Abuse and Neglect)

Legal Reference:    Connecticut General Statutes
10-253(e)    School privileges for children in certain placements, nonresident 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. (Formerly Sec. 17-38b)
17a-103 Reports by others.
17a-106 Cooperation in relation to prevention, identification and treatment of child abuse and neglect.
  46b-120 Definitions.

United States Code
42 U.S. Code §§11431-11435 McKinney-Vento Homeless Assistance Act, (PL 107-110-Sec 1032)

Policy Revised: March 13, 2023
May 14, 2018
November 13, 2012

5124 Reporting to Parent/Guardians (Policy Revised 1-9-2023)

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 their 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 their 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: January 9, 2023

May 14, 2018

November 13, 2012

5125 Student Record Confidentiality (Policy Reviewed 10-23-2023)

Students

Student Record Confidentiality 5125
________________________________________________________________________________________________________________________________________________________________

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.

Definitions for 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, other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of their 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 records 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 their 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 their tasks.

"Authorized Representative" means any entity or individual designated by a state or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct with respect to Federal or State-supported education programs, any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

"Education Program" means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education and adult education, and any program that is administered by an educational agency or institution.

"Early Childhood Education Program" means a Head Start program, a state licensed or regulated child care program, or a program that serves children from birth through age six that addresses the children's cognitive, social, emotional and physical development and is a (i) state prekindergarten program; (ii) a program authorized under the Individuals with Disabilities Education Act; or (iii) is a program operated by a local educational agency.

"Directory Information" means information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes, but is not limited to, one or more of the following items: parent's name and/or e-mail address, student's name, address, telephone number, date and place of birth, major field(s) of study, participation in officially recognized activities and sports, photographic, computer and/or video images, grade levels, electronic mail address, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the student.

A student's social security number or student ID number is prohibited from designation as directory information. However, student ID numbers and other electronic personal identifiers used to access or communicate in electronic systems may be disclosed only if the identifier is not used by itself to authenticate identity and cannot be used to gain access to education records.

A student's ID number or other unique personal identifier that is displayed on a student ID badge is considered directory information, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

The Superintendent shall be responsible for ensuring that all requirements under federal and state statutes shall be carried out by the district. The Superintendent will develop procedures (administrative regulations) providing for the following:
1. Annually informing parents of their rights.

2. Permitting parents to inspect and review educational records, including, at least, a statement of the procedure to be followed by a parent or eligible student who requests to inspect and review the educational records, with an understanding that the procedure may not deny access to educational records; a description of the circumstances in which the district feels it has a legitimate cause to deny a request for a copy of such records; a schedule of fees for copies; and a listing of the types and locations of education records maintained by the school and the titles and addresses of school officials responsible for those records.

3. 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.

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

5. Providing a parent/guardian with an opportunity to seek the correction of the student's education records through a request to amend the records. If the District decides that an amendment of the records as requested is not warranted, to inform the parent/guardian or eligible student and advise them of the right to a hearing and permitting the parent/guardian or an eligible student to place a statement in the education records of the student.

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

7. Assuring security of student records.

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

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

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

11. 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 that the District not release this information, and the District will comply with the request.

12. 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, disclosure or use.

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

Reviewed: October 23, 2023
Revised: January 9, 2023
May 14, 2018
October 30, 2017
Adopted: May 14, 2012

5127 Graduation Ceremony (Policy Reviewed 11-14-2022)

Students

Graduation Ceremony 5127

______________________________________________________________________________________________________________________________________________________________

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)

Legal Reference: Connecticut General Statutes

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

Policy Reviewed: November 14, 2022

Policy Revised: May 14, 2018

Policy Revised: November 13, 2012

5131 Conduct at School and School Related Activities (Policy Revised 11-14-2022)

Students

Conduct at School and School Related Activities 5131

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.

I. Definitions

A. Exclusion means any denial of public school privileges to a student for disciplinary purposes.

B. Emergency means a situation in which the continued presence of the student in school poses such a danger to persons or property or 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.

C. School-Sponsored Activity means any activity sponsored, recognized or authorized by the Board and includes activities conducted on or off school property.

D. Removal is the exclusion of a student for a class period of ninety minutes or less.

E. In-School Suspension means an exclusion from regular classroom activity for no more than ten (10) 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. No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion.

F. Suspension means the exclusion of a student from school and/or transportation services for not more than ten (10) consecutive school days, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed; and further provided no student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless such student is granted a formal hearing as provided below. All suspensions shall be in-school suspensions unless the administration determines for any student enrolled 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 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 enrolled in grades preschool to two, inclusive, may be given an out-of-school suspension if it is determined by the administration that such a 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 section.

G. Expulsion means the exclusion of a student, grades three to twelve inclusive, from school privileges for more than ten (10) consecutive school days. The expulsion period may not extend beyond one calendar year. In order to be expelled, the conduct of a student must be found to be both (1) violative of a Board policy and (2) either seriously disruptive of the educational process or endangering persons or property.

H. School Days shall mean days when school is in session for students.

I. Seriously Disruptive of the Educational Process means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school. Notwithstanding the foregoing, the reassignment of a student from one regular education classroom program in the district to another regular education classroom program in the district shall not constitute a suspension or expulsion.

J. 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 and 16 (180 days/900 hours).

II. Scope of the Student Discipline Policy

A. Conduct on School Grounds or at a School-Sponsored Activity:

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.

B. Conduct off School Grounds:

1. Students may be disciplined for conduct off school grounds if such conduct is seriously disruptive of the educational process and violative of a publicized policy of the Board. In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and the Board of Education may consider, but such consideration shall not be limited to the following factors: (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 C.G.S. § 29-38, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol.

In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and/or the Board of Education may also consider whether such off-campus conduct involved the use of drugs.

2. When considering whether conduct off school grounds is seriously disruptive of the educational process, the term “weapon” means any pistol or revolver, any dirk knife or switch knife having an automatic spring release devise by which a blade is released from the handle, having a blade of over one and one-half inches in length, and any other dangerous or deadly weapon or instrument, including any sling shot, blackjack, sand bag, metal or brass knuckles, stiletto, knife, the edged portion of the blade of which is four inches and over in length or martial arts weapon as defined below at section VI.B.

III. Actions Leading to Disciplinary Action, including Suspension and/or Expulsion

Conduct which may lead to disciplinary action (including but not limited to suspension and/or expulsion) includes conduct on school grounds or at a school-sponsored activity, and conduct off school grounds, as set forth above. Such conduct includes, but is not limited to, the following:

1. Striking or assaulting a student, members of the school staff or other persons.

2. Theft.

3. The use of obscene or profane language or gestures.

4. Violation of smoking; dress; transportation regulations, or other regulations and/or policies governing student conduct.

5. Refusal to obey a member of the school staff, or law enforcement authorities, or disruptive classroom behavior.

6. Any act of harassment based on an individual’s sex, sexual orientation, race, color, religion, disability, national origin or ancestry.

7. Refusal by a student to identify themselves to a staff member when asked.

8. A walk-out from or sit-in within a classroom or school building or school grounds.

9. Blackmailing, threatening or intimidating school staff or students.

10. Possession of any weapon, weapon facsimile, deadly weapon, pistol, knife, blackjack, bludgeon, box cutter, metal knuckles, pellet gun, explosive device, firearm, whether loaded or unloaded, whether functional or not, or any other dangerous object. This also includes pellet guns and/or air soft pistols.

11. Unauthorized entrance into any school facility or portion of a school facility or aiding or abetting an unauthorized entrance.

12. Possession or ignition of any fireworks or other explosive materials, or ignition of any material causing a fire.

13. Unauthorized possession, sale, distribution, use or consumption of tobacco, drugs, narcotics or alcoholic beverages. For the purposes of this Paragraph 13, the term “drugs” shall include, but shall not be limited to, any medicinal preparation (prescription and non-prescription) and any controlled substance whose possession, sale, distribution, use or consumption is illegal under state and/or federal law.

14. Possession of paraphernalia used or designed to be used in the consumption, sale or distribution of drugs, alcohol or tobacco, as described in subparagraph (13) above.

15. The destruction of real, personal or school property such as, cutting, defacing or otherwise damaging property in any way.

16. Accumulation of offenses such as school and class tardiness, class or study hall cutting, or failure to attend detention.

17. Trespassing on school grounds while on out-of-school suspension or expulsion.

18. Making bomb threats or other threats to the safety of students, staff members, and/or other persons.

19. Defiance of school rules and the valid authority of teachers, supervisors, administrators, other staff members and/or law enforcement authorities.

20. Throwing snowballs, rocks, sticks and/or similar objects.

21. Unauthorized and/or reckless and/or improper operation of a motor vehicle on school grounds or at any school-sponsored activity.

22. Leaving school grounds, school transportation vehicle or a school-sponsored activity without authorization.

23. Use of or copying of the academic work of another individual and presenting it as the student’s own work, without proper attribution.

24. Possession and/or use of a radio, walkman, beeper, paging device, cellular telephone, walkie talkie or similar electronic device on school grounds or at a school-sponsored activity without the written permission of the Principal or designee.

25. Unauthorized use of any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for unauthorized or non-school related purposes.

26. Possession and/or use of a laser pointer.

27. Hazing.

28. Any other violation of school rules or regulations or a series of violations which makes the presence of the student in school seriously disruptive of the educational process and/or a danger to persons or property.

29. Any action prohibited by any Federal or State law which would indicate that the student presents a danger to any person in the school community or school property.

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

(cf. 5131.5 Vandalism)

Legal References: Connecticut General Statutes

4-177 – 4-180 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 14-229, PA 15-96, PA 16-147, PA 17-220 and PA 19-91.

10-233f In-school suspension of students.

Packer v. Board of Educ. of the Town of Thomaston, 246 Conn.89 (1998). Public Act 98-139

Honig v. Doe, (United States Supreme Court 1988)

Individuals with Disabilities Act, 20 U.S.C. 1400 et seq. as amended by the Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105-17). Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).

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

State v. Hardy, 896 A.2d 755, 278 Conn. 113 (2006)

Policy Revised: November 14, 2022

Policy Revised: May 14, 2018

November 13, 2012

5131.1 Bus Conduct (Policy Reviewed 11-14-2022)

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: November 14, 2022

Policy Reviewed: May 14, 2018

Policy Revised: November 13, 2012

5131.111 Video Surveillance (Policy Reviewed 11-14-2022)

Students

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: November 14, 2022

Policy Reviewed: May 14, 2018

Policy Adopted: November 13, 2012

5131.3 Student Driving and Parking (Policy Revised 12-12-2022)

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 a disregard for safety.

Legal Reference: Connecticut General Statutes

10-221 Boards of Education to prescribe rules

Policy Revised: December 12, 2022

May 14, 2018

April 8, 2013

5131.5 Vandalism (Policy Revised 12-12-2022)

Students

Vandalism 5131.5

The parent or responsible adult 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 responsible adult 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: December 12, 2022

May 14, 2018

April 8, 2013

5131.6 Alcohol Use, Drugs and Tobacco (Including Performance Enhancing Drugs) (Policy Revised 12-12-2022)

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.

CBD, for purposes of this policy, is defined under federal law as a cannabis product with less than 0.3% tetrahydrocannabinol (THC) on a dry weight basis. It is also referred to as hemp. (Nonprescription CBD products that are available have not been approved by the U.S. Food and Drug Administration (FDA) for any use).

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, their parent(s)/responsible adult will be contacted, they 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 designee. The Principal or designee will notify the student's parent/responsible adult, 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/responsible adult, 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.

3. In conformity with the Board's discipline policy, students may be suspended or expelled for drug or alcohol use off school grounds if such drug or alcohol use is considered seriously disruptive of the educational process. In determining whether the conduct is seriously disruptive of the educational process, the Administration and the Board may consider, among other factors: 1) whether the drug or alcohol use occurred within close proximity of a school; 2) whether other students from the school were involved; and 3) whether any injuries occurred.

4. Disciplinary action taken by District officials against a student for the use, sale, or possession of marijuana (cannabis) on school premises or at any District/school sponsored activity shall not result in any discipline, punishment, or sanction greater than that which a student would face for the use, sale, or possession of alcohol. (C.G.S. 10-221(d), as amended by P.A. 21-1, June Special Session, Section 19)

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 they consumed alcoholic beverages and wishes to establish their 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 they consumed alcoholic beverages and elects not to utilize the breath alcohol tester to establish their 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/responsible adults will be offered in a manner convenient to parents/responsible adults.

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.

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.

Prescribed Medications

Students may possess and/or self-administer medications in school in accordance with the Board's policy concerning the administration of medication in school.

Students taking improper amounts of a prescribed medication, or otherwise taking medication contrary to the provisions of the Board's policy on the administration of medication will be subject to the procedures for improper drug or alcohol use outlined in this policy.

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.

Use of CBD Products

Students are prohibited from possessing, using, selling, delivering, manufacturing, or being under the influence of any substance containing cannabidiol (CBD) or tetrahydrocannabinol (THC), regardless of whether it constitutes a controlled substance under federal law.

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. 5131.8 - Out of School Grounds Misconduct)

(cf. 5145.12 - Search and Seizure)

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

(cf. 5145.124 - Breathalyzer Testing)

(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

P.A. 21-1 (June Special Session) An Act Concerning Responsible and Equitable Regulation of Adult-use Cannabis.

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

PL 114-95 Every Student Succeeds Act, Section 8573

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: December 12, 2022

May 14, 2018

October 17, 2016

December 14, 2015

May 13, 2013

5131.7 Weapons and Dangerous Instruments (Policy Revised 12-12-2022)

Students

Weapons and Dangerous Instruments 5131.7

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.

A "dangerous weapon" is any weapon, device, instrument, material or substance, which under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious injury.

A "deadly weapon" is any instrument, article or substance specifically designed for and presently capable of causing death or serious injury.

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, they 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.

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.

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: December 12, 2022

May 14, 2018

May 13, 2013

5131.8 Out of School Misconduct (Policy Revised 12-12-2022)

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.

In compliance with judicial decisions, the Board considers conduct which is "severely disruptive of the educational process" to mean conduct that "markedly interrupts or severely impedes the day to-day operations of a school" in addition to such conduct also being violative of publicized school policy. Such conduct includes, but is not limited to, phoning in a bomb threat, or making a threat, off school grounds, to kill or hurt a teacher or student.

In addition, in making the determination as to whether conduct is "seriously disruptive of the educational process," the administration 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. The conduct can also be the use of inappropriate electronic messages. The Board of Education or impartial hearing board, in matters of expulsion for out of school misconduct, in making a determination as to whether conduct is "seriously disruptive of the educational process," may consider, but consideration is not limited to the same items listed previously.

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. Use, possession, sale or distribution of dangerous weapons (as defined C.S.G. 53a 3, 53-206 and 29-35)

7. Violent conduct

8. Making a bomb threat

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

The rationale to be applied in considering disciplinary action is whether the off-school grounds conduct will markedly interrupt or severely impede the day to day operations to the school.

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.

Regulation of Off-Campus Speech

It is recognized that some off-campus speech can be harmful and subject to regulation by District officials. The regulatory interests of the District and its schools remain significant in some off-campus circumstances. Such circumstances involving off-campus speech in which the District has an interest include, but are not limited to, the following:

• serious or severe bullying or harassment targeting particular individuals;
• threats aimed at teachers or students;
• the failure to follow rules concerning lessons, the writing of papers, the use of computers or participation in other online school activities; and
• breaches of school security devices, including material maintained within school computers.

In order for the District to take disciplinary action regarding student off-campus speech, school officials are limited to those situations where it can be reasonably forecast that the student speech in question will materially disrupt classwork or involve substantial disorder in the school setting. Off-campus student speech may be regulated only in compelling circumstances.

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.

29-38. Weapons in vehicles

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

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

Wisniewski v. Board of Education, 494 F. 3d34 (2nd Cir. 2007)

Doninger v. Niehoff, 275F.3d (2nd Cir. 2008)

Mahanoy Area School District v. B.L. (S.C. 20-255) June 23, 2021

Policy Revised: December 12, 2022

October 22, 2018

June 25, 2018

May 13, 2013

5131.81 Electronic Devices (Policy Revised 6-12-2023)

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.

Students may possess privately owned technological devices on school property and/or during school sponsored activities in accordance with Board policy. The Board considers allowing students to bring to school such devices to be a privilege and not a right. The Board reserves the right to revoke this privilege if a student fails to adhere to the following guidelines and/or the Board’s acceptable use and student discipline policies.

Parents and/or guardians must read and sign the Board’s Acceptable Use policy.

Privately Owned Technological Devices refers to privately owned wireless and/or portable electronic hand-held equipment that can be used for word processing, wireless Internet access, image capture and recording, sound recording, information transmitting and/or receiving, storing, etc. These devices may include, but are not limited to personal laptops, Smartphones, network access devices and other electronic signaling devices 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 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

Use of Privately-Owned Technological Devices

Privately owned technological devices may not be used during instructional time, except as specifically permitted by instructional staff. Privately owned technological devices may not be used during school recess or on a school bus.

Use of any such device for an improper purpose is prohibited. Improper purposes include, but are not limited to:

•   Sending any form of harassing, threatening, or intimidating message, at any time, to any person (such communications may also be a crime);
•   Gaining or seeking to gain unauthorized access to Board technology resources;
•   Damaging Board technology resources;
•   Accessing or attempting to access any material that is obscene or contains pornography;
•   Cyberbullying;
•   Taking pictures without the specific permission of the subject of the picture;
•   Using a privately-owned technological device to violate any school rules, including the unauthorized recording (photographic or audio) of another individual without the permission of the individual or a school staff member; or
•   Taking any action prohibited by any Federal or State law.

Search of Privately-Owned Technological Devices

A student's privately-owned technological device may be searched by authorized personnel if 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. Any such search shall be reasonably related 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.

Responsibility for Privately Owned Technological Devices

Students are responsible for the safety and use of their privately-owned technological devices. If a privately-owned technological device is stolen, lost, or damaged, a report should be made to the building principal, who will investigate the loss in a manner consistent with procedures for stolen or damaged personal property. Students and parents should be aware that the Board is not liable for any privately-owned technological device that is stolen, lost, or damaged while at school. Furthermore, the Board shall not be liable for any data plan charges or any other costs associated with the use of private technological devices.

Students shall take full responsibility for their device and shall keep it safely stored when not in use. Classroom teachers will determine the best storage location for such devices. Students are required to take home their privately-owned technological devices at the end of each school day.

Disciplinary Action

Misuse of the Board's technology resources and/or the use of privately-owned technological devices to access or utilize the Board's technology resources in an inappropriate manner or in a manner inconsistent with this policy will not be tolerated and will result in disciplinary action. For students, a violation of this policy may result in loss of access privileges, a prohibition on the use and/or possession of privately-owned technological devices on school property, and/or suspension or expulsion in accordance with the Board's policies related to student discipline.

Access to Board Technology Resources

It is the policy of the Board of Education to permit students, using their privately-owned technology devices, to access the Board's computers and instructional technologies; communications and data management systems; informational technologies and the Internet; and any other technology resources used by the school district and accessible by students.

The Board educates students about the Board's expectations for technology users through the publication and dissemination of this policy statement and others related to use of the Board's computer systems, as well as other instructional means.

The Board technology resources shall only be used to access educational information and to promote learning activities both at home and at school. Students are expected to act at all times appropriately in ways which are fully in accord with applicable policies concerning technology use as well as all local, state, and federal laws when using the Board technology resources. Failure to do so will result in the consequences outlined herein and in other applicable policies (including, but not limited to, the Safe School Climate Plan, the Student Discipline Policy and the Use of Computers Policy).

Therefore, students should be aware that they should not have any expectation of personal privacy in the use of privately-owned technological devices to access Board technology resources. This provision applies to any and all uses of the Board's technology resources and that any privately-owned technological devices access same.

Harm to Board Technology Resources

Any act by a student using a privately-owned technological device that harms the Board's technology resources or otherwise interferes with or compromises the integrity of Board technology resources will be considered vandalism and will be subject to discipline and/or appropriate criminal or civil action.

Closed Forum

This policy shall not be construed to establish a public forum or a limited open forum.

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 connection 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 connection 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 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

Exceptions 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. 5145.51 – Sexual Harassment)
Legal Reference: Connecticut General Statutes
10-233j Student possession and use of telecommunications devices
31-48d Employees engaged in electronic monitoring required to give prior notice to employees
53a-182 Obstructing free passage: Class C misdemeanor
53a-183 Harassment in the second degree: Class C misdemeanor
53a -250 Definitions
Electronic Communication Privacy Act, 28 U.S.C. §§2510 through 2520
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)

Revised: June 12, 2023
June 24, 2019
June 24, 2013
June 25, 2007

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

5131.9 Gang Activity or Association (Policy Reviewed 12-12-2022)

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: December 12, 2022

May 14, 2018

May 13, 2013

Policy Revised: March 13, 2006

5131.911 Bullying Behavior in School (Policy Revised 1-9-2023)

Students

Bullying/Cyberbullying/Hazing 5131.911

________________________________________________________________________________________________________________________________________________________________

The Board of Education (Board) promotes a secure and happy 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 educational environment in which students and adults feel socially, emotionally, intellectually and physically safe; an environment that is free of harassment, discrimination, teen dating violence, intimidation and bullying.

Definitions

"Bullying" means an act that is direct or indirect and severe, persistent or pervasive which:

A. causes physical or emotional harm to an individual,
B. places an individual in reasonable fear of physical or emotional harm, or
C. infringes on the rights and opportunities of an individual at school.

D. Creates a hostile environment at school for such student

E. Substantially disrupts the education process or the orderly operation of the school

Bullying shall include, but need 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.

"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, school 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 their 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 based on students', parents', guardians' and school employees' experiences of school life, including, but not limited to, norms, goals, values, interpersonal relationships, teaching and learning practices and organizational structures.

"Positive school climate" means (A) a school climate in which the norms, values, expectations and beliefs that support feelings of social, emotional and physical safety are promoted, (B) students, parents and guardians of students and school employees feel engaged and respected and work together to develop and contribute to a shared school vision, (C) educators model and nurture attitudes that emphasize the benefits and satisfaction gained from learning, and (D) each person feels comfortable contributing to the operation of the school and care of the physical environment of the school.

"Emotional intelligence" means the ability to (A) perceive, recognize and understand emotions in oneself or others, (B) use emotions to facilitate cognitive activities, including, but not limited to, reasoning, problem solving and interpersonal communication, (C) understand and identify emotions, and (D) manage emotions in oneself and others.

"Social and emotional learning" means the process through which children and adults achieve emotional intelligence through the competencies of self-awareness, self-management, social awareness, relationship skills and responsible decision-making.

Examples of bullying include, but are not limited to:

1. physical violence and attacks
2. verbal taunts, name-calling and 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.

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

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:

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 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;

2. Permits anonymous reports of bullying by students to school employees and written reports of suspected bullying 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 receive reports of bullying 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 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 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 in student codes of conduct and in all student handbooks;

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

8. Requires each school to notify parents or guardians of all students involved in a verified act of bullying not later than forty-eight hours after the completion of the investigation of the results of such investigation and verbally and by electronic mail, that such parents/guardians may refer to the plan language explanation of the rights and remedies posted on the district's website (available under CGS 10-4a and 10-4b);

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;

10. Requires each school to invite the parents or guardians of a student who commits any verified act of bullying to a meeting, separate and distinct from the meeting of the parents/guardians of the student against whom the act of bullying was directed, to discuss specific interventions undertaken by the school to prevent further acts of bullying;

11. Establishes a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to make such list publicly available; and annually 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 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;

14. Requires the development of student safety support plans for students against whom an act of bullying was directed that addresses safety measures the school will take to protect such students against further acts of bullying;

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 constitute criminal conduct;

16. Prohibits bullying (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 (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 was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;

17. Requires all school employees to annually complete the training required by C.G.S. 10-220a or 10-222j, as amended. Such training shall include identifying and responding to bullying and preventing and responding to youth suicide;

The State Department of Education, within available appropriations, is required to provide annual training to non- certified school employees.

18. As required, the Board of Education shall 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; and

19. 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 damage 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. 10-222g, as amended, a prevention and intervention strategy which may include, but is not limited to:

1. Implementation of a positive behavioral interventions and supports 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.

Funding for the school-based bullying intervention and school climate improvement may originate from public, private, or philanthropic sources. For purposes of this section, "interventions with the bullied child" includes referrals to a school counselor, psychologist or other appropriate social or mental health service, and periodic follow-up by the safe school climate specialist with the bullied child.

District Safe School Climate Coordinator

Annually, 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;
4. Respond to bullying and teen dating violence in District schools;
5. 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.
6. Successfully complete the mental health first aid training provided by the Commissioner of Mental Health and Addiction Services. (Such training only required once.)

Safe School Climate Specialist

Annually, each school year thereafter, 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

Annually, 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.

Such committee shall also include: (a) school personnel, including, but not limited to, at least one teacher selected by the exclusive bargaining unit representative for certified employees, (b) medical and mental health personnel assigned to such school, and (c) at the high school level at least one student enrolled at the school. The student is to be selected by the students in a manner determined by the school 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 among students in the school;
3. Implement the provisions of the school security and safety plan, (developed pursuant to Section 87 of PA 13-3) regarding the collection, evaluation and reporting of information relating to instances of disturbing or threatening behavior that may not meet the definition of bullying or teen dating violence (defined in Connecticut General Statutes 10-222d) and report such information, as necessary, to the District Safe School Climate Coordinator and to the school's security and safety committee.
4. Review and amend school policies relating to bullying and teen dating violence;
5. 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;
6. Educate students, school employees and parents and guardians of students on issues relating to bullying and teen dating violence;
7. Collaborate with the District Safe School Climate Coordinator in the collection of data regarding bullying and teen dating violence; and
8. 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 and student members of the Safe School Climate Committee are excluded from activities #1 and #3 or any other activity that may compromise the confidentiality of a student.

Safe School Climate Plan

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 a plan shall establish deadlines for reporting, investigating, and notifying parents and guardians about bullying and teen dating incidents; prohibit retaliation against those who report bullying and/or teen dating violence; and require school officials to notify law enforcement officials when it is believed that bullying or teen dating conduct constitutes a crime.

The Board requires each school in the District, biennially, to complete an assessment using school climate assessment instruments, including uniform surveys that collect information about students' perspectives and opinions about school climate at the school and allow students to complete and submit such surveys anonymously, approved and disseminated by the Department of Education pursuant to C.G.S. 10-222h. The Board will collect the school climate assessments of each District school and submit them to the Department of Education.

The Board of Education shall publish on the District's website the plain language of the rights and remedies available under C.G.S. 10-4a and C.G.S. 10-4b.

The Board of Education, in consultation with the State Department of Education (SDE) and the social and emotional learning and school climate advisory collaborative, shall provide on the SBE's website training materials to school administrators regarding bullying prevention and intervention.

The Superintendent shall develop rules and procedures, which carry out the provisions of this policy. In addition, the Superintendent shall provide that students and parents of students are notified of this prohibition against bullying 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)
(cf. 5131.8 - Out-of-School Misconduct)
(cf. 5131.911 Bullying Behavior in School)

(cf. 5145.4 - Nondiscrimination)
(cf. 5145.51- Sexual Harassment)
(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.

10-220a Inservice training

10-222d Policy on bullying behavior as amended by PA 08-160, P.A. 11-232, P.A. 14-172 and PA 18-15 and PA 19-166.

10-222g Prevention and intervention strategy re bullying and teen dating violence

10-222h Analysis of school districts' efforts re prevention of and response to bullying in schools. School climate assessment instruments

10-222k District safe school climate coordinator. Safe school climate specialist. Safe school climate committee (as amended by PA 21-95, Section 14)

10-233 Review of school climate plans by Department of Education

10-233a through 10-233f

P.A. 06-115 An Act Concerning Bullying Policies in Schools and Notices Sent to Parents or Legal Guardians.

P.A. 19-166 An Act Concerning School Climates

P.A. 21-95 An Act Concerning Assorted Revisions and Additions to the Education Statutes

Policy Revised: January 9, 2023

June 25, 2018

June 8, 2015

May 14, 2012

June 8, 2009

April 9, 2007

January 27, 2003

5132 Dress and Grooming (Policy Revised 3-13-2023)

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.

Restrictions on dress and adornment will not be imposed if the restrictions:

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 Revised: March 13, 2023

Policy Reviewed: January 9, 2023

June 25, 2018

May 13, 2013

5134 Married/Pregnant Students (Policy Revised 1-9-2023)

Students

Married/Pregnant Students 5134

_______________________________________________________________________________________

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: January 9, 2023

June 25, 2018

February 25, 2013

5141 Student Health Services (Policy Revised 3-13-2023)

Student

Student Health Services 5141

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:

1. Appraising the health status of student and school personnel;

2. Counseling students, parents, and others concerning the findings of health 5141 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 them 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 health assessment shall include:

1. Physical examination which shall include hematocrit or hemoglobin tests, height, weight, and blood pressure, and a chronic disease assessment which shall include, but not be limited to, asthma;

2. Updating of immunizations required under C.G.S. 10-204a as periodically amended;

3. Vision, hearing, postural, and gross dental screenings;

4. Assessment for tuberculosis. Students with high risk assessments 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

5. 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 are valid twelve months 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. An equivalent screening device or an automated vision screening device may be used for such vision screening. 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.

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

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 their 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.

The Connecticut Department of Public Health discourages routine TB testing of all students at school enrollment or for any of the required health assessment.

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.

In addition to tuberculin testing, if required by the school district medical advisor, as part of regular student health assessments, all new students, including preschool students, will be required to have at least one test for tuberculosis prior to entry in district schools, if determined to be at risk for exposure to TB.

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:

Birth, travel, or residence for at least 1 month in a country with an elevated TB rate. This includes any country other than the United States, Canada, Australia, New Zealand, or a country in western or northern Europe,
persons who live in or have lived in high-risk congregate settings such as homeless shelters and correctional facilities., uses illegal drugs or has an HIV infection.
contact with persons suspected to have tuberculosis
IGRA is preferred over TST for non-U.S.-born persons ≥2 years old

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. Any other vaccine required by section 19a 7f of Connecticut General Statutes.

10. Hepatitis B

11. Varicella (Chickenpox)

12. Hepatitis A

13. Pneumococcal disease

14. Influenza

15. Meningococcal disease

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.

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:

1. 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

2. They present a certificate from a physician, physician assistant, or advanced practice registered nurse stating that, in the opinion of such medical provider, immunization is medically contraindicated because of the physical condition of such child. Such certification shall be provided on the medical exemption certificate form developed by the Department of Public Health and available on its website; or

3. They present a written statement from their parents or guardians that such immunization would be contrary to the religious beliefs of such child or their 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; and such religious exemption was granted prior to April 28, 2021 (by midnight April 27, 2021). Such student retains this exemption through grade twelve, even if the student transfers to another school in Connecticut; or

To be eligible for such an exemption, a student: (a) must have been enrolled in school in Grades K-12 on or before midnight April 28, 2021; and (b) must have submitted a valid religious exemption prior to midnight, April 27, 2021. Students must meet both conditions in order to be eligible for a religious exemption.

4. In the case of a child enrolled in pre-school or pre-kindergarten on or before April 28, 2021, whose parent/guardian appropriately submitted a statement necessary for the religious exemption, shall have until September 1, 2022 to comply with Connecticut's required immunizations or within fourteen days after transferring to a different public or private school, whichever is later. The deadline for such pre-school/pre-K student complying with the immunization requirements can be altered if the school/district is provided with a written declaration from the child's physician, physician assistant or advanced practice registered nurse recommending a different immunization schedule for the child.

5. 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

6. In the case of hemophilus influenza type B has passed their fifth birthday; or

7. 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.

In the situation regarding the religious exemption, a child is considered enrolled in school on or before April 28, 2121 as a parent/guardian provides documentation, consistent with District policy, establishing that such child is eligible to attend school in the district in the current or upcoming school year based upon age and residency, and that the family intends for the child to do so, whether the District refers to eligibility as "registration" or "enrollment." Families that took such steps, on or before April 28, 2021, toward having children attend Kindergarten for the 2020-2021 school year would be considered enrolled in the District as a Kindergarten student. Such a student would be eligible for a religious exemption if the student also provided a valid religious exemption statement by midnight on April 27, 2021. (CSDE Guidance-5/25/21)

Oral Health Assessments: Parents are encouraged to have oral health assessments for their child(ren) prior to public school enrollment, in grade 6 or 7, and in grade 9 or 10. Such assessment may be conducted by a dentist, dental hygienist, physician, physician assistant (PA), or an advanced practice registered nurse (APRN), if he or she is trained in conducting such assessments as part of a DPH-approved training program. When conducted by a dentist the oral assessment must include a dental examination. If another such provider conducts the assessment, it must include a visual screening and risk assessment.

Parent/guardian consent is required prior to the oral health assessment. The assessment is to be made in the presence of the parent/guardian or another school employee. The parent/guardian must receive prior written notice and have a reasonable opportunity to opt their child out of the assessment, be present at the assessment, or provide for the assessment themselves.

A child's public school enrollment continued attendance shall not be denied for their failure to receive the oral health assessment.

The District may host a free oral health assessment event at which a qualified provider performs such oral health assessments. Parents/guardians will be given prior notice of such a free screening event providing the parents/guardians the opportunity to opt their children out of the assessment event. If the parent/guardian does not do so, the child must receive an assessment free of charge. The child is prohibited by the legislation from receiving any dental treatment as part of the assessment event without the parent's/guardian's informed consent.

The results of an oral health assessment shall be recorded on forms supplied by the State Board of Education. The provider performing the assessment must completely fill out and sign the form. Recommendations by the provider shall be in writing. For any child who receives an oral health assessment, the results must be included in the child's cumulative health record.

Appropriate school health personnel shall review the assessment results. If it is determined that a child needs further testing or treatment, the Superintendent shall give written notice to the child's parent/guardian and make reasonable efforts to ensure that further testing or treatment is provided. Such efforts include determining whether the parent/guardian obtained the necessary testing or treatment for the child and, if not, advising the parent or guardian on how to do so. The results of the further testing or treatment must be recorded on the assessment forms and reviewed by school health personnel.

As with other school health assessments no records of oral health assessments may be open to public inspection; and each provider who conducts an assessment for a child seeking to enroll in a public school must provide the assessment results to the school district's designated representative and a representative of the child.

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 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 ensure 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 their 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 unless otherwise indicated on the student's Emergency Information card. 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 and PA 21-6)

10-204c Immunity from liability

10-205 Appointment of school medical advisors.

10-206 Health assessments (as amended by PA 07-58, P.A. 11-179 by PA 18-168)

10-206a Free health assessments.

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.

10-212a Administration of medicines by school personnel.
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)

PA 18-168 An Act Concerning the Department of Public Health's Recommendations Regarding Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540

Connecticut Tuberculosis (TB) Risk Assessment https://portal.ct.gov/-/media/DPH/Tuberculosis/TB-Risk-Assessment-and-User-Guide.pdf

Revised: March 13, 2023

June 11, 2018

April 16, 2018

February 21, 2016

February 24, 2015

January 12, 2004

5141.21 Administration of Medication (Policy Revised 6-27-2022)

Students

Administration of Medication Policy 5141.21

_____________________________________________________________________________________________________________________________________________________
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. In order to provide immunity afforded to school personnel who administer medication, the 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.

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 their 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 a child diagnosed with asthma or a diagnosed life-threatening allergic condition, pursuant to State Board of Education regulations, may possess, self-administer or possess and self-administer medicine administered through the use of an asthmatic inhaler or an EpiPen or similar device in the school at all times or while receiving school transportation services if they are under the care of a physician, physician assistant, or advanced practice registered nurse (APRN) and such practitioner certifies in writing to the Board of Education that the child needs to keep an asthmatic inhaler or EpiPen at all times to ensure prompt treatment of the child's asthma or allergic condition and protect the child against serious harm or death. A written authorization of the parent/guardian is also required. The Board may permit a child with diabetes and certain chronic conditions to possess, self-administer or possess and self-administer life-saving medication.
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.

Legal Reference:
(cf. 4112.5/4212.5 - Security Check/Fingerprinting)
(cf. 5141 - Student Health Services)
(cf. 5141.23 - Students with Special Health Care Needs)

10-206 Health Assessment
10-212 School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds. Criminal history; records check.
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, PA 14-176, PA 15-215 and PA 18-185)
Students 5141.21
Administration of Medication Policy Pg. 5 of 5
10-212c Life-threatening food allergies and glycogen storage disease: Guidelines; district plans. (as amended by PA 18-185)
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.
20-12d Medical functions performed by physician assistants. Prescription authority.
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 and PA 18-185, An Act Concerning the Recommendations of the Task Force on Life-Threatening Food Allergies in Schools)
Connecticut Regulations of State Agencies 10-212a-1 through 10-212a-10, inclusive, as amended.
Code of Federal Regulations: Title 21 Part 1307.2
10-212a-1 through 10-212a-10 Administration of Medication by School Personnel and Administration of Medication During Before- and After-School Programs and School Readiness Programs, as amended
20-12d Medical functions performed by physician assistants. Prescription authority.
20-94a Licensure as advanced practice registered nurse.
29-17a Criminal history checks. Procedure. Fees.
PA 18-185 An Act Concerning the Recommendations of the Task Force on Life-Threatening Food Allergies in Schools.

Revised: June 27, 2022
June 8, 2020
December 13, 2018
May 14, 2018
June 8, 2015
February 25, 2013

5141.213 Students - Administering Medication - Opioid Overdose Prevention (Emergency Administration of Naloxone) (Policy Adopted 4-25-2022)

Students
Administering Medication - Opioid Overdose Prevention (Emergency Administration of Naloxone) 5141.213

The Board of Education (Board) is committed to enhancing the health and safety of individuals within the school environment. The District will identify specific locations for the storage of Naloxone and protocols for its administration in emergency situations to assist individuals suspected to be experiencing an opioid overdose.

Definitions

Drug overdose means an acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction. The signs of opioid overdose include unresponsiveness; nonconsciousness; shallow breathing with rate less than 10 breaths per minute or not breathing at all; blue or gray face, especially fingernails and lips; and loud, uneven snoring or gurgling noises.

Naloxone (Narcan) means a medication that can reverse an overdose caused by an opioid drug. As a narcotic antagonist, Naloxone displaces opiates from receptor sites in the brain and reverses respiratory depression that usually is the cause of overdose deaths.

Opioid means illegal drugs such as heroin, as well as prescription medications used to treat pain such as morphine, codeine, methadone, oxycodone (OxyContin, Percodan, Percocet), hydrocodone (Vicodin), fentanyl, hydromorphone (Dilaudid), and buprenorphine.

Delegation of Responsibility

The Superintendent or designee, in consultation with the school nurse supervisor and the School Medical Advisor shall establish appropriate internal procedures for the acquisition, stocking and administration of Naloxone (Narcan) and related emergency response procedures pursuant to this policy.

The School Medical Advisor shall be the prescribing and supervising medical professional for the District's stocking and use of Naloxone (Narcan). The Superintendent or designee shall obtain a standing order from the school physician/School Medical Advisor for the administration of Naloxone (Narcan).

The school nurse shall be responsible for building-level administration and management of Naloxone and management of Naloxone stocks. Each school nurse and any other individual(s) authorized by the Superintendent shall be trained in the administration of Naloxone.

Naloxone shall be safely stored in the school nurse's office or other location designated by the school nurse in accordance with the drug manufacturer's instructions.

The Board permits school nurses to administer Naloxone to any person at school or a school event displaying symptoms of an opioid overdose. The District will store the Naloxone kits in a secure but accessible location consistent with the district's emergency response plan, such as the nurse's office. Naloxone shall be accessible during school hours and during on-site school-sponsored activities.

Acquisition, Storage and Disposal

Naloxone shall be safely stored in the school nurse's office or other location designated by the school nurse in accordance with the drug manufacturer's instructions.

The school nurse shall obtain sufficient supplies of Naloxone pursuant to the standing order in the same manner as other medical supplies acquired for the school health program. The school nurse or designee shall regularly inventory and refresh Naloxone stocks, and maintain records thereof. In accordance with internal procedures, manufacturer's recommendations and any applicable Department of Public Health guidelines.

(cf. 5141 - Administering Medications)

Legal Reference: Connecticut General Statutes
10-212 School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds. Criminal history; records check.
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, PA 14-176 and PA 15-215)
17a-714 Immunity for prescribing, dispensing or administering an opioid antagonist to treat or prevent a drug overdose.
21a-279(g)Penalty for illegal possession. Alternate sentences. Immunity.
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)
Connecticut Regulations of State Agencies 10-212a-1 through 10-212a-10, inclusive, as amended.
PA 15-198: An Act Concerning Substance Abuse and Opioid Overdose Prevention
PA 16-43: An Act Concerning Opioids and Access to Overdose Reversal Drugs

https://www.narcan.com/wp-content/uploads/2021/10/Gen2-Instructions-For-Use.pdf
https://egov.ct.gov/norasaves/

Policy Adopted: April 25, 2022

5141.22 Communicable and Infectious Diseases (Policy Reviewed 3-13-2023)

Students

Communicable and Infectious Diseases 5141.22

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

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

Reviewed: March 13, 2023

Revised: June 25, 2018

February 25, 2013

5141.231/4118.231 Psychotropic Drug Use (Policy Revised 4-25-2022)

Personnel – Certified / Students

Psychotropic Drug Use 5141.231/4118.231

The Board of Education prohibits all school personnel from recommending the use of psychotropic drugs for any student enrolled within the school system. For purposes of this policy, the term “recommend” shall mean to directly or indirectly suggest that a child use psychotropic drugs.

Psychotropic drugs are defined as prescription medications for behavioral or social-emotional concerns, such as attention deficits, impulsivity, anxiety, depression and thought disorders and includes, but is not limited to stimulant medications and anti-depressants.

However, school health or mental health personnel, including school nurses or nurse practitioners, the District’s Medical Advisor, school psychologists, school social workers, school counselors, and district’s director of special services/special education may recommend that a student be evaluated by an appropriate medical practitioner and school personnel may consult with such practitioner with the consent of the parents/guardian of such child in accordance with this policy.

Communications between and among school health, mental health personnel and other school personnel pertaining to a child in possible need of a recommendation for a medical evaluation shall be accomplished through the District’s established child study teams and/or the planning and placement team and its procedures, in conformity with state and federal special education statutes.

(cf. 5141.4 – Reporting of Child Abuse and Neglect)

Legal Reference: Connecticut General Statutes
10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel (as amended by PA 03-211)
46b-120 Definitions
10-76a Definitions (as amended by PA 00-48)
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 (as amended by PA 97-114 and PA 00-48)
10-76h Special Education hearing and review procedure. Mediation of disputes (as amended by PA 00-48)
State Board of Education Regulations
34 C.F.R. 3000 Assistance to States for Education for Handicapped Children
34 C.F.R. §300.174 Prohibition on mandatory medication
American with Disabilities Act, 42 U.S.C. §12101 et seq.
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

Policy Revised: April 25, 2022
Policy Adopted: December 13, 2010

5141.25 Students with Special Health Care Needs (Policy Revised 3-13-2023

Students

Students with Special Health Care Needs 5141.25

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 disseminated 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) a process for the development of individualized health care and glycogen storage disease action plans for every student with glycogen storage disease and such plan shall include, but not be limited to, the provision of food or dietary supplements by the school nurse or by any school employee approved by the school nurse, to a student with glycogen storage disease provided such plan does not prohibit a parent/guardian or a person they so designate, to provide food or dietary supplements on school grounds during the school day, and (5) protocols to prevent exposure to food allergens.

Accommodating Students with Special Dietary Needs (Food Allergy Management)

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:

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

10-212c Life threatening food allergies; Guidelines; district plans, as amended by P.A. 12-198

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

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

Land v. Baptist Medical Center, 164 F3d 423 (8th Circuit. 1999)

Policy Revised: March 13, 2023

May 14, 2018

Policy Reviewed: May 13, 2013

Policy Revised: March 8, 2010

Policy Adopted: April 10, 2006

5141.27 Use of Automatic External Defibrillators (AEDs) (Policy Revised 6-10-2024)

Students

Use of Automatic External Defibrillators (AEDs) 5141.27
_______________________________________________________________________________________________________________________________________________________________

POLICY REGARDING AUTOMATIC EXTERNAL DEFIBRILLATORS

In order to assist individuals who may experience sudden cardiac arrest or a similar life-threatening emergency during the school’s normal operational hours, during school-sponsored athletic practices and athletic events taking place on school grounds, and during school-sponsored events not occurring during the normal operational hours of the school, the Vernon Board of Education (the “Board”) maintains at each school under the Board’s jurisdiction, automatic external defibrillators (“AEDs”) and school personnel trained in the operation of such automatic external defibrillators and the use of cardiopulmonary resuscitation. It is the policy of the Board to support the use of these automatic external defibrillators and trained school personnel during medically appropriate circumstances. In the event that a non-staff bystander, acting in good faith, uses the AED for its intended purpose they shall be covered by the Good Samaritan statutes, CGS §52-557b “Good Samaritan law.

Requirements concerning the use and maintenance of AEDs are set forth in the accompanying Administrative Regulations as may be supplemented by or amended by the Administration from time to time.

For purposes of this policy and the accompanying regulations, an AED is a device that:
   1)    is used to administer an electric shock through the chest wall to the heart;
   2)   contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy;
   3)   guides the user through the process of using the device by audible or visual prompts; and
   4)   does not require the user to employ any discretion or judgment in its use.

Legal References:
Connecticut General Statutes
§ 19a-175     Definitions
§ 52-557b     Good Samaritan Law
§ 10-212d   Availability of Automatic External Defibrillators in Schools

Regulations of Connecticut State Agencies
Department of Public Health § 19a-179-1 et seq.

Revised: June 10, 2024
Reviewed: March 27, 2023
May 14, 2018
Revised: May 13, 2013
Adopted: March 22, 2010

5141.28 Sudden Cardiac Arrest Prevention (Policy Reviewed 3-27-2023)

Students

Sudden Cardiac Arrest Prevention 5141.28
______________________________________________________________________________________________________________________________________________________
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’s promulgated program (Connecticut State Department of Education and the Connecticut Interscholastic Athletic Conference Sudden Cardiac Arrest Awareness Annual Review) on sudden cardiac arrest prevention education prior to beginning the coaching assignment for the season of such Intramural or interscholastic athletics.

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, parents/guardians of students participating 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).

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

Reviewed: March 27, 2023

Revised: May 14, 2018

June 8, 2015

5141.3 Health Assessments and Immunizations (Policy Revised 6-12-2023)

Students

Health Assessments and Immunizations 5141.3
________________________________________________________________________________________________________________________________________________________________
The Vernon Board of Education recognizes the importance of periodic health assessments, including oral assessments, according to state health regulations.

To determine 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 requires that students have health assessments.

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 ensure 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, as may be periodically amended.

The Superintendent shall designate the school nurse to receive reports of health assessments and immunizations from health care providers.

Parents/Guardians wishing their children exempted or excused from health assessments, on religious grounds, must request such exemption to the Superintendent of Schools in writing. This request must be signed by the parent/guardian.

Parents/Guardians may present a medical exemption form developed by the Department of Public Health (DPH), posted on the DPH website, that their medical provider believes a required vaccination is medically contraindicated for their child based on the child's medical condition. The DPH form is to be signed by a physician, physician assistant or advanced practice registered nurse.

Any child enrolled in kindergarten through twelfth grade on or before April 28, 2021 and whose parents/guardians had presented a religious exemption written request before April 28, 2021 will be permitted continued use of the exemption even if such child transfers to another school in Connecticut.

Any child enrolled in pre-school or pre-kindergarten on or before April 28, 2021 whose parents/guardians submitted the statement necessary for the religious exemption will have until September 1, 2022 to comply with Connecticut's required immunizations, or within fourteen days after transferring to a different public or private school program, whichever is later. The deadline for such pre-school or pre-K student to comply with the immunization requirements can be altered if the school/District is provided with a written declaration from the child's physician, physician assistant or advanced practice registered nurse recommending a different immunization schedule for the child.

It is the responsibility of the Principal to ensure 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 in good order 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 management plan developed that includes a 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 regulations accompanying this policy.

No record of any student’s medical assessment may be open to the public.

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.

As required, the District will report, on a triennial basis, 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 asthma assessments, including student demographics. Such required asthma diagnosis shall occur at the time of mandated health assessment at the time of enrollment, in either grade six or seven, and in either grade nine or 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 also participate in annual school surveys conducted by the Department of Public Health pertaining to asthma.

As required, the District will annually report to the Department of Public Health information required on the School Immunization Entry Survey.

The Superintendent of Schools shall give written notice to the parent/guardian of each student who is found to have any defect of vision or disease of the eyes, with a brief statement describing such defect or disease and a recommendation that the student be examined by an appropriately licensed optometrist or ophthalmologist.

References
(cf. 5111 - Admission)
(cf. 5141.31 - Physical Examinations for School Programs)
(cf. 5125 - Student Records)
(cf. 5141 - Student Health Services
Legal References:
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
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).
P.L. 93-568; codified as 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)
PA 17-146 "An Act Concerning the Department of Public Health's Various Revisions to the Public Health Statutes," Section 5, effective 10/1/17
PA 18-168 An Act Concerning the Department of Public Health's Recommendations Regarding Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540

Revised: June 12, 2023
June 8, 2015

5141.4 Reporting of Child Abuse, Neglect and Sexual Assault (Policy Revised 10-24-2022)

Students

Reporting of Child Abuse, Neglect and Sexual Assault 5141.4

_____________________________________________________________________________________________________________________________________________________________

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.

The Board shall annually distribute the mandated reporter policy electronically to all school employees. The Board shall annually distribute electronically, to all school employees, Board members, and parents and guardians of enrolled students, (1) guidelines on identifying and reporting child sexual abuse, starting in the 2022-2023 school year, and (2) information on DCF’s sexual abuse and assault awareness and prevention programs.

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.

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

1. 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.

2. 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.

3. 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.

4. 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 their parents, or other persons responsible for their care, if known; age of child; gender of child; nature and extent of injuries, maltreatment or neglect, together with any information of previous injury or maltreatment to the child or their 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.

1. 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.

2. 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.

3. The Superintendent shall immediately notify the child's parent or other person responsible for the child's care that a report has been made.

4. The written report to the Commissioner of the Department of Children and Families or their 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 their representative. 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 their parents, or other persons responsible for their 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 their 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.

5. 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.

6. 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.

7. 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 their representative, and, in the case of an investigation of a certified school employee, the Commissioner of Education or their representative.

8. 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 72 hours thereafter. The suspension will remain in effect until the Board takes
action pursuant to CGS 10-151 (Teacher Tenure Act).

9. The Superintendent must report suspected child abuse by a certified school employee to the Commissioner of Education or their 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 their obligations to report suspected child abuse or neglect. The Board shall not retaliate against any mandated reporter for their 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.

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.

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:

1. A child has identified a particular injury, the extent of which can only be determined by removing the child's clothing, and

2. The examination is necessary to determine whether medical attention is required and not merely to confirm suspected abuse, and

3. 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:

1. There is reason to believe that a suspected child abuse/neglect victim is in need of emergency medical services; or

2. A child who is a suspected sexual abuse victim will return upon leaving school to the care of the suspected perpetrator; or

3. There is reason to believe that a suspected abuse victim will be in imminent danger if returned home.

4. 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
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: October 24, 2022
May 14, 2018
October 17, 2016
March 14, 2016
February 25, 2013
March 8, 2010
September 23, 2002

5141.5 Suicide Prevention (Policy Revised 3-13-2023)

Students

Suicide Prevention 5141.5

The Board of Education realizes that suicide is a complex issue and that, while the school may recognize a potentially suicidal youth, it cannot make a clinical assessment of risk and provide in depth counseling. However, 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 (building principal and/or appropriate counselors) who will, in turn, notify the Superintendent.

The Superintendent will ensure that the following is established:

1) 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.

2) a student assistance program for at-risk students;

3) specific procedures to identify risk factors for youth suicide and procedures to intervene with such youth

4) ongoing in-service training for teachers, administrators, and staff who may be in positions to observe student behavior;

5) appropriate referral/resource services outside and inside the school system.

Every reasonable effort will be made to immediately notify parents/guardians of any event reflecting consideration of suicide. Information concerning a student’s suicide attempt, threat, or risk will be shared with others to the degree necessary to protect that student and others.

The Superintendent shall maintain updated guidelines in suicide prevention as necessary to implement this policy.

Legal Reference:

Connecticut General Statutes

10-221 Boards of Education to prescribe rules, policies, and procedures € “policy and procedures for dealing with youth suicide prevention and youth suicide attempts”.

Revised: March 13, 2023

June 25, 2018

February 25, 2013

5141.6 Crisis Response (Policy Revised 3-13-2023)

Students

Crisis Response 5141.6

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 know what to do in an emergency.

In developing the District and school security and safety plans, the Superintendent or designee shall collaborate with local and state emergency responders, including local public health administrators, in compliance with the provisions of PA 13-3. The Superintendent or designee shall also develop and maintain emergency plans for each school site, with the cooperation of the school's security and safety committee.

The crisis management plan (School Security and Safety Plan) shall be developed within the context of the four recognized phases of crisis management:

1) Mitigation/Prevention addresses what schools and the district can do to reduce or eliminate the risk to life and property.

2) Preparedness focuses on the process of planning for the worst-case scenario.

3) Response is devoted to the steps to take during a crisis.

4) Recovery pertains to how to restore the learning and teaching environment after a crisis.

Crisis management must be viewed as a continuous process in which all phases of the plan are being reviewed and revised. The plan must be continuously updated based upon experience, research and changing vulnerabilities. Therefore, the Board will conduct a security and vulnerability assessment, every two years, for each District school and develop and/or revise a school security and safety plan for each school based on the aforementioned standards for such plans.

Schools shall collaborate closely with law enforcement, fire and emergency services personnel and community partners, including public health and mental health professionals who can assist with the development of a plan that addresses a wide range of crises.

The District crisis response team is responsible for:

1) Initiating, building and maintaining relationships with community partners;

2) Conducting safety and security needs assessments;

3) Establishing and updating the emergency management plan;

4) Assisting individual school-based crisis response teams, (the school security and safety committee) to include community partners and school-based personnel as specified in section 87 of PA 13-3; and

5) Developing training activities and conducting emergency exercises to support and improve the plan.

At a minimum, school and school district emergency management plans shall outline procedures for faculty, staff and students for the following three primary responses:

1) Evacuation when it is safer outside the school than it is inside the school.

2) Lockdown when there is an immediate threat of violence in, on or in the vicinity of the school.

3) Shelter-in-place when students and staff must remain in a school building for extended periods of time during an event such as a chemical spill or terrorist attack.

The Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The Board shall cooperate with such agencies in furnishing and maintaining whatever services they deem necessary to meet the community's needs.

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. 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;

4. 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;

5. 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;

6. 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;

7. 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.

(cf. 3516 Safe and Secure School Facilities, Equipment and Grounds)

(cf. 5131.7 Weapons and Dangerous Instruments)

(cf. 5141.22 Communicable/Infectious Diseases)

(cf. 6114 Emergencies and Disaster Preparedness)

Legal Reference: Connecticut General Statutes

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 Notice of disease to be given parents/guardians

10-221(e) 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

19a-221 Quarantine of certain persons

52-557b Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render.

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: March 13, 2023

June 25, 2018

May 14, 2012

5141.7 Concussion Policy (Policy Revised 6-12-2023)

Students

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/guardians of the nature and risk of concussions or head injuries. The protocol shall include:

1.   the recognition of the signs or symptoms of a concussion,
2.   the means of obtaining proper medical treatment for a person suspected of having a concussion,
3.   the dangers associated with continuing to engage in athletic activity after sustaining a concussion, and
4.   the proper method of allowing the student athletes who have 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.

A licensed health care professional means a physician licensed pursuant to Chapter 370 of the General Statutes, a physician assistant licensed pursuant to Chapter 370 of the General Statutes, an advanced practice registered nurse licensed pursuant to Chapter 378 of the General Statutes or an athletic trainer licensed pursuant to Chapter 375a of the General Statutes.

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 until 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.

Legal 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:   June 12, 2023
    October 22, 2018
Adopted:    April 27, 2015

5142.1 Interaction with Non-Custodial Parents (Policy Revised 3-13-2023)

Students

Interaction with Non-custodial Parents 5142.1

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 copies of 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 they 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

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: March 13, 2023

June 25, 2018

February 25, 2013

5144.1 Use of Physical Force (Policy Revised 6-26-2023)

Students

Use of Physical Force 5144.1
______________________________________________________________________________________________________________________________________________________

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. 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 their 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.

Exclusionary time out means a temporary, continuously monitored separation of a student from an ongoing activity in a non-locked setting, for the purpose of calming such student or deescalating such student’s behavior.

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

A. Any period of physical restraint or seclusion shall be limited to that time necessary to allow the student to compose themselves and return to the educational environment; and

B. 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 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;
   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. In the event that physical restraint or seclusion is used on a student four or more times within twenty school days and the student is not eligible for special education (and is not being evaluated for eligibility for special education), 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:

a. Conducting or revising a behavioral assessment of the student;
b. Creating or revising any applicable behavioral intervention plan; and
c. Determining whether such student may require special education.

B. In the event that physical restraint or seclusion is used on a student four or more times within twenty school days and the student is a child requiring special education or is a child being evaluated for eligibility for special education and awaiting determination:

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.

Communication and Documentation

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 facilities 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:

1. 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;

2. 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

3. 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 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 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:

A. 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.

B. 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.

C. 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:

1. Verbal defusing and de-escalation;
2. Prevention strategies;
3. Various types of physical restraint and seclusion;
4. The differences between life-threatening physical restraint and other
varying levels of physical restraint;
5. The differences between permissible physical restraint and pain compliance
techniques;
6. 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
7. 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: June 26, 2023
May 28, 2019
June 25, 2018
October 30, 2017
December 14, 2015
December 10, 2012
Adopted: January 24, 2011

5144.3 Discipline of Students with Disabilities (Policy Reviewed 3-13-2023)

Students
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 their 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 their 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 their disability may not be expelled but will be disciplined in accordance with their 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.

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: March 13, 2023

October 22, 2018

Adopted: February 25, 2013

5144.4 PHYSICAL EXERCISE AND DISCIPLINE OF STUDENTS (POLICY ADOPTED 11-14-2022)

Students - Discipline

Physical Exercise and Discipline of Students 5144.4
_____________________________________________________________________________________________________________________________________________________________

The Board of Education (Board) recognizes that a positive approach toward exercise and physical activity is important to the health and well-being of students. The Board requires that each student in elementary school shall have not less than twenty minutes daily in total devoted to physical exercise, except that a Planning and Placement Team may alter such schedule for a child requiring special education and related services. Further, the Board permits, in its elementary schools, including an additional amount of time, beyond the required twenty minutes for physical exercise, devoted to undirected play during the regular school day, subject to the approval of the building administration.

All aspects of the school experience should encourage students to have a healthy attitude toward exercise and promote the life-long enjoyment of physical activity. Therefore, when school employees impose disciplinary consequences for student misconduct during the regular day, the following restrictions shall apply:

1. Loss of Recess as Disciplinary Consequence
Except as provided below, school employees may NOT prevent a student in elementary school from participating in the entire time devoted to physical exercise or undirected play in the regular school day as a form of discipline. Recess and other physically active learning opportunities may include movement-oriented learning activities in the academic environment, physical activity breaks and regularly scheduled school wide routines and events that engage students in physical activity that is the time devoted each day (at least 20 minutes) to physical exercise in the District's elementary schools.

School employees may prevent or restrict recess when:

a. a student poses a danger to the health or safety of other students or school personnel or
b. it is limited to the shorter recess period if there are two or more recess periods in the school day, so long as the student is allowed to participate in at least 20 minutes of physical activity during the school day.

Recess prevention or restriction may be imposed only once during a school week, unless the student is a danger to the health or safety of other students or school personnel. Recess prevention or restriction is not allowed for a student's failure to complete their work on time or for the student's academic performance. Discipline may be imposed before recess begins and/or imposed during recess. Appropriate interventions shall be used to redirect a student's behavior during recess.

2. Physical Activity as Punishment School employees may NOT require students enrolled in grades K-12, inclusive, to engage in physical activity as a form of discipline during the school day.

3. Wellness Instruction
School employees shall not prevent students from participating in physical exercise or undirected play during wellness instruction as a form of discipline.

This restriction does not apply to brief periods of respite/time-outs, referrals to the building administrator, or for safety reasons.

At no time shall an entire class be prevented from participating in wellness instruction or physical exercise activity as a disciplinary consequence.

The Superintendent of Schools is authorized to develop guidelines to implement this policy.

Nothing in this policy shall prevent a school employee from acting in accordance with an Individualized Education Plan (IEP) developed by the student's Planning and Placement Team (PPT).

For the purpose of this policy, "school employee" means a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in a public elementary, middle or high school; or any other individual who, in the performance of their 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 Board.

Any employee who fails to comply with this policy will be subject to discipline, up to and including termination of employment. Any contracted individual who provides services to or on behalf of District students and who fails to comply with the requirements of this policy may be subject to having their contract for services suspended by the District.

(cf. 6142.10-Health Education Program)
(cf. 6142.101 - Wellness)
(cf. 6142.61 -Physical Activity)
(cf. 6142.6-Physical Education)

Legal Reference:
Connecticut General Statutes
10-221o Lunch periods. Recess.
10-221u Boards to adopt policies addressing the use of physical activity as discipline.
PA 22-81 An Act Expanding Preschool and Mental and Behavioral Services for Children.

Policy Adopted: November 14, 2022

5145 Student Civil and Legal Rights and Responsibilities (Policy Revised 6-12-2023)

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 their highest potential, and do not infringe upon the rights of others.

It shall be the responsibility of each District student to:

●   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 their ability in all academic and extracurricular pursuits and strive toward the highest level of achievement possible;
●   conduct themselves as a responsible representative of the District when participating in or attending school-sponsored extracurricular events and as such hold themselves 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 their actions.

Section 504: Student Civil and Legal Rights and Responsibilities

The District recognizes its responsibility to provide a free, appropriate public education to students with disabilities under Section 504 of the Rehabilitation Act of 1973, (Section 504). Accordingly, no otherwise qualified individual with disabilities shall, solely by reason of their disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any District program or activity, including extra-curricular athletics or other non-academic activities, or those provided by the District through contractual or other arrangements. District aids, benefits, and services will afford qualified students with disabilities equal opportunity to obtain the same result gain the same benefit or reach the same level of achievement as students without disabilities in the most integrated setting appropriate to the student's needs. Programs and activities shall be accessible to and usable by individuals with disabilities as prescribed by law.

The District, in order to fulfill its obligation under Section 504, recognizes its responsibility to avoid discrimination in policies and practices regarding its personnel, students, parent/guardians, and members of the public who participate in school-sponsored programs.

A qualified 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.

In compliance with the provisions of Section 504, the District will:

●   Provide written assurance of nondiscrimination in accordance with application procedures whenever the District receives federal money;
●   Designate an employee to coordinate compliance with Section 504;
●   Provide procedures to resolve complaints of discrimination under Section 504;
●   Provide notice to students, parents, employees, including those with vision or hearing impairments, of the District's policy and compliance with law assuring nondiscrimination in admission or access to, or treatment, in District programs, activities or employment. Notice will be included in student/parent and staff handbooks and other materials as appropriate;
●   Annually identify and locate all Section 504 qualified students with disabilities in the District who are not receiving a free appropriate, public education;
●   Ensure that tests and other evaluation materials have been validated, are administered by trained personnel, are tailored to assess educational need and are not based on IQ scores, and reflect what the tests purport to measure;
●   Provide nonacademic and extracurricular services and activities in such a manner as to afford qualified students with disabilities an equal opportunity for participation in such services and activities by making reasonable modifications* and provide those aids and services that are necessary to ensure an equal opportunity to participate, unless the District can show that doing so would be a fundamental alteration to its programs;

*If a modification is necessary, the District must allow it unless doing so would result in a fundamental alteration of the extracurricular-athletic activity. A modification might constitute a fundamental alteration if it alters such an essential aspect of the activity or game that it would be unacceptable even if it affected all competitors equally (such as adding an extra base in baseball.) Alternatively, a change that has only a peripheral impact on the activity or game might nevertheless give a particular player with a disability an unfair advantage over others and, for that reason, fundamentally alter the character of the competition.

Nonacademic and extracurricular services and activities may include, but are not limited to, counseling services, transportation, health services, athletics, intramurals, clubs or organization activities, referrals to agencies which provide assistance to persons with disabilities and employment of students, including both employment by the district and assistance by the district in making available outside employment.

●   Annually notify students with disabilities and their parents or guardians of the District's responsibilities under Section 504, including those with limited proficiency in English and those with vision or hearing impairments;
●   Provide parents or guardians with procedural safeguards, including notification of their rights: (a) to be notified in writing of any decisions made by the District concerning the identification, evaluation or educational placement of their student pursuant to Section 504. (The District will request parental consent prior to conducting an evaluation of the student); (b) to examine, copy and request amendments of the student's educational records; (c) to request an impartial hearing, with opportunity for participation by the student's parents or guardian and representation by counsel regarding District decisions concerning identification, evaluation or educational placement of their student. A review procedure will be provided. In addition, a complaint may be filed with the Office for Civil Rights, U.S. Department of Education (OCR) (617-289-0111) Office for Civil Rights, Boston Office).
●   Students with disabilities who cannot participate in the school's existing extracurricular athletics program, even with reasonable modifications or aids and services, still have an equal opportunity to receive the benefits of extracurricular athletics. The District therefore should create additional opportunities for such students, such as creating disability-specific teams for sports such as wheelchair tennis or basketball. (If numbers are insufficient, districts can develop regional teams, mix male and female students with disabilities on teams together, offer "allied" or "unified" sports teams mixing disabled and non-disabled students.)

Students identified as qualified individuals with disabilities under Section 504 shall be placed in the regular educational environment unless it is demonstrated by the District that the education of the student with the use of related aids and services in such a placement cannot be achieved satisfactorily. All placement decisions will be made by an evaluation team comprised of persons designated by the Superintendent or designee, knowledgeable about the student, the meaning of the evaluation data and placement options.

Students will be reevaluated periodically, but no less than every three years. Additionally, before implementing discipline that constitutes a significant change in the placement (i.e., expulsion, serial suspensions which exceed 10 school days in a school year, a series of suspensions each of which is 10 or fewer school days in duration but that creates a pattern of exclusion), the District shall conduct a reevaluation of the student to determine whether the misconduct in question is caused by the student's disability and, if so, whether the student's current educational placement is appropriate.

If it is determined that the misconduct of the student is caused by the disability, the District's team will continue the evaluation, following the requirements of Section 504 and the Americans with Disabilities Act of 1990 and Americans with Disabilities Act Amendments Act of 2008 (ADA) for evaluation and placement to determine whether the student's current educational placement is appropriate. Due process procedures that meet the requirements of the IDEA may be used to meet the procedural safeguards of law.

If it is determined that the misconduct is not caused by the student's disability, the student may be excluded from school in the same manner as are similarly situated students who do not have disabilities.

A student identified as a qualified individual with disabilities under Section 504, who is also covered by the Individuals with Disabilities Education Act, will be disciplined in accordance with Board policy #5144.3, "Discipline of Students with Disabilities."

A reevaluation will also be required before any other significant change in placement (i.e., transferring a student to alternative education, significantly changing the composition of the student's class schedule, such as from regular education to the resource room, etc.).

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
U.S. Department of Education, Office for Civil Rights, "Dear Colleague Letter," 113 LRP 3326 (OCR 1/25/13)

Policy Revised: June 12, 2023
Policy Reviewed: October 22, 2018
February 25, 2013
Policy Revised: May 24, 2010

5145.11 Police in Schools (Policy Revised 3-27-2023)

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. Students will be questioned as confidentially and inconspicuously as possible.

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. 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 1-3 above are observed.

(cf. 1411 Law Enforcement Agencies)

Policy Revised: March 27, 2023

February 25, 2013

5145.12 Search and Seizure (Policy Revised 6-12-2023)

Students

Search and Seizure 5145.12
______________________________________________________________________________________________________________________________________________________

The Board seeks to ensure a learning environment which protects the health, safety and welfare of students and staff. To assist the Board in attaining these goals, District personnel authorized by the District Administration to conduct searches of student’s school desks and lockers, and personal possessions (“Authorized Personnel”) may, subject to the requirements below, search a student’s person and/or property, including property assigned by the District for the student’s use. Such searches may be conducted at any time on school grounds or when the student is under the jurisdiction of the District during school-sponsored activities.

All searches for evidence of a violation by the Authorized Personnel shall be subject to the following requirements:

1.   The Authorized Personnel shall have individualized, “reasonable suspicion” to believe evidence of a student’s violation of law, Board policy, administrative regulation or school rule is present in a particular location on school grounds, or in possession of a student on school grounds or participating in a school activity.
2.   The search shall be “reasonable in scope.” That is, the measures used are reasonably related to the objectives of the search and not excessively intrusive in light of the age, sex, and maturity of the student, and nature of the infraction.
3.   Authorized Personnel may also search when they have reasonable suspicion that emergency/dangerous circumstances exist within the school environment.

School Desks and Lockers

School desks and lockers are the property of the District. The right to inspect and/or search such desks and lockers assigned to students may be exercised by Authorized Personnel to safeguard students, their property, and school property with reasonable care for the Fourth Amendment rights of students.

The exercise of the right to inspect and/or search school desks and/or lockers, and the person or possessions of students also requires protection of each student's personal privacy and protection from inappropriate coercion. Authorized Personnel may search a student's locker or desk under three (3) conditions:

1.   There is reasonable belief that the student's person, school desk or locker contains the presence of contraband or other material that could be evidence of a violation of law, Board policy, administrative regulations, or school rules.
2.   The presence of such material poses a serious threat to the maintenance of discipline, order, safety, and health in the school.
3.   The student(s) have been informed in advance that Board policy allows student searches of person and property, and searches of school desks, lockers and grounds to be inspected if Authorized Personnel have reasonable belief that materials injurious to the best interests of students and the school are contained therein.

Use of drug-detection animals and metal detectors, or similar detection devices, may be used only on the express written authorization of the Superintendent.

District officials may seize any item which is evidence of a violation of law, Board policy, administrative regulation or school rule, or which the possession or use of is prohibited by such law, policy, regulation or rule.

Student Searches

A student may be searched if Authorized Personnel have reasonable belief that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. The scope of the search must be reasonably related to the objectives of the search and the nature of the infraction, and must not be excessively intrusive in light of the age, sex, and maturity of the student.

Students may be searched by law enforcement officials on school property, or when the students are otherwise under the jurisdiction of the District, upon the request of the law enforcement official. Such requests shall ordinarily be based on the law enforcement official’s presentation of a warrant to District Administration. The school Principal or designee will attempt to notify the student’s parents in advance, except in situations where immediate action is necessary to maintain the safety of the school environment and will be present for all such searches.

Strip searches shall not be conducted by school authorities. For the purposes of this Policy, a “strip search” is a search that requires a student to remove any or all of their clothing, other than shoes or an outer coat or jacket. All searches by Authorized Personnel shall be carried out in the presence of another adult witness.

Legal Reference:

Connecticut General Statutes
10-221 Boards of Education to prescribe rules.
54-33n Search of school lockers and property.
Federal Courts
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: June 12, 2023
October 22, 2020
May 13, 2013

5145.122 Search and Seizure - Use of Trained Dogs and other animals for Search on School Property (Policy Revised 6-12-2023)

Students

Search and Seizure – Use of Trained Dogs and Other Animals for Search on School Property 5145.122
______________________________________________________________________________________________________________________________________________________

The Board supports the elimination of the possession or use of illegal substances and devices anywhere within the District. The Board wants to convey a strong message to the community, faculty, staff, and student body that the use or possession of illegal substances on school grounds or at a school sponsored activity will not be tolerated by the Board.

The Board authorizes the Administration to invite law enforcement agencies, or other qualified agencies or individuals, to search school grounds with trained animals or mechanical search equipment for the purpose of detecting the presence of illegal substances, when necessary to protect the health and safety of students, employees or property, and to detect the presence of illegal substances or contraband, including alcohol and/or drugs. Such animals and equipment may be used to search around lockers, desks, or vehicles on school grounds or at school sponsored activities as long as they are not used within close proximity to students or School staff.

The use of trained animals or mechanical search equipment is subject to the following:

1.   The Superintendent or designee shall authorize such search, and the Principal or designee shall be present while the search is taking place. Parents and students shall be notified of this policy through its inclusion in the student and/or parent handbook and on the District’ website as well as the schools’ websites.
2.   All property on school grounds, including but not limited to lockers, classrooms, parking and storage areas, and vehicles, may be searched.
a.   Search animals shall not be used in individual rooms in a school building occupied by persons except for demonstration purposes with the handler present.
b.   When used for demonstration purposes, search animals may not search individual persons other than the handler or other police officials, even for demonstration purposes.
3.   Individual(s) shall not be subjected to a search by animals to avoid the potential of allergic reactions, search animals shall be kept away from students and School staff while conducting searches.
4.   Once publication of this policy has been made to parents and students, through handbooks and on the District’s and schools’ websites, the District will have met its obligation to notify the students and families of students that such searches may be made. Additional notices will be given annually but actual times or dates of planned searches need not be released in advance.
5.   Only the search animal’s official handler will determine what constitutes an alert by the animal. If the search animal alerts on a particular item or place, the individual having the use of, or responsibility for, that item or place, if known to the searchers, shall be called to witness the search. If a search animal alerts on a locked vehicle, the individual who brought such vehicle onto school grounds shall be asked to unlock it for inspection.
6.   Before conducting a search based upon an alert from a search animal or information received from mechanical search equipment, an effort shall be made to seek the consent for the search from the individual responsible for bringing the vehicle onto school grounds and an effort shall be made to protect the individual’s privacy to the greatest degree possible during the search.
7.   If, because of a search authorized by this Policy, a student’s property is to be searched, the student’s parents shall be notified by the school administration of the search and the results therefrom.
8.   Law enforcement agencies will be given full authorization from the Superintendent or designee to investigate and prosecute any person(s) found to be responsible for bringing or possessing illegal substances(s) onto school grounds.

(cf. - 5145.12 Search and Seizure)

Legal Reference: Connecticut General Statutes

54-33n Search of school lockers and property.
10-221 Boards of education to prescribe rules.
Connecticut State Courts
No. CV094043192S, 2009 WL 3366272 (Conn. Super. Ct. Sept. 14, 2009).
Federal Courts
New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985).
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: June 12, 2023
October 18, 2018
May 13, 2013
Adopted: April 10, 2006

5145.124 Breathalyzer Testing (Policy Reviewed 6-12-2023)

Students

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, they 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 acquired 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: June 12, 2023

Reviewed: September 23, 2019
Reviewed: November 13, 2012
Adopted: April 10, 2006

5145.14 On-Campus Recruitment (Policy Reviewed 3-27-2023)

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 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.

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 inter-district 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”

Reviewed: March 27, 2023

Revised: September 23, 2019

Revised: September 24, 2012

May 13, 2002

June 13, 2011

5145.15 Directory Information (Policy Reviewed 3-27-2023)

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

Reviewed: March 27, 2023

Revised: September 23, 2019

Adopted: June 13, 2011

5145.2 Freedom of Speech/Expression (Policy Reviewed 3-13-2023)

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. 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.

Reviewed: March 13, 2023

Revised: September 23, 2019

December 10, 2012

5145.4 Non-discrimination (Policy Revised 3-27-2023)

Students

Non-Discrimination 5145.4
______________________________________________________________________________________________________________________________________________________

Americans with Disabilities Act/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

(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)

Revised: March 27, 2023

Adopted: April 17, 2017

5145.51 Sexual Harassment (Policy Reviewed 10-23-2023)

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.

Reviewed: October 23, 2023
Revised: September 23, 2019
September 12, 2011
January 26, 2010

5145.511 Sexual Abuse Prevention and Education Program (Policy Revised 10-23-2023)

Students

Sexual Abuse Prevention and Education Program 5145.511
________________________________________________________________________________________________________________________________________________________________

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 child sexual violence, abuse and assault (referred to collectively hereinafter as “Sexual Misconduct with Children”). This change requires the efforts of the entire staff.

The Vernon Public Schools shall, therefore, develop a comprehensive Child Sexual Misconduct program with the goal of making students and staff aware of child sexual violence, abuse and assault.

I. Definitions

A. Sexual violence is a multi-layered oppression that occurs at the societal and individual level and is connected to and influenced by other forms of oppression, in particular sexism, racism, and heterosexism. On the societal level, it is the preponderance of attitudes, actions, and social norms that perpetuate and sustain environments and behaviors that promote a cultural tolerance, acceptance, and denial of sexual assault and abuse. On an individual level, sexual violence is a wide range of sexual acts and behaviors that are unwanted, coerced, committed without consent, or forced either by physical means or through threats.

B. 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 does not necessarily know it is wrong. Perpetrators of ongoing sexual abuse control the child/youth through secrecy, shame, or threats. Children cannot legally consent to sexual contact with adults or older youth, and sexual contact is considered abuse, regardless of whether it includes touching.

C. 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 inappropriate/illicit 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.

II. 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 C.G.S. 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:

A. Implementing a child sexual abuse curriculum to provide 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:

1. with resources and referrals to handle these potentially dangerous situations; and

2. access to available counseling and educational support.

B. Providing mandatory training to all District staff to ensure they are fully informed on:

1. The warning signs of Sexual Misconduct with Children;

2. Mandatory reporting requirements;

3. School District policies pertaining to Sexual Misconduct with Children;

4. Establishing and maintaining professional relationships with students;

5. Available resources for students affected by Sexual Misconduct with Children;

6. Appropriate follow-up and care for students victimized by Sexual Misconduct with Children as they return to the classroom setting.

C. Providing students age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding awareness and prevention of Sexual Misconduct with Children that may include, but not be limited to:

1. The skills to recognize:

a. child sexual abuse and assault;

b. boundary violations and unwanted forms of touching and contact; and

c. ways offenders groom or desensitize victims:

2. Strategies to promote disclosure, reduce self-blame and mobilize bystanders;

3. Actions that child victims may take to obtain assistance;

4. Access to educational resources to enable child victims to succeed in school; and

5. Uniform procedures for school staff members to report instances of Sexual Misconduct with Children.

D. Students shall be excused from participating in classroom instruction regarding Sexual Misconduct with Children upon receipt by the Principal or their 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. Any student exempt from the Sexual Misconduct with Children program shall be provided, during the time during which the student would otherwise be participating in such program, an opportunity for other study or academic work.

E. Students, parents/guardians, teachers, and school staff and volunteers shall, at a minimum on an annual basis, be provided information on the District’s policy and procedures against sexual abuse and assault. The information shall include evidence-based methods of preventing Sexual Misconduct with Children as well as how to effectively identify and respond to such conduct within the school setting.

F. 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 Misconduct with Children intervention and prevention training.

III. 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 Sexual Misconduct with 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 their 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 (hereinafter “Mandated Reporters”) to report such behavior 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 after a Mandated Reporter has reasonable cause to suspect of or believe that a student has been the victim of Sexual Misconduct with Children, to the Commissioner of Children and Families and to the Superintendent of Schools or their designee, followed within 48 hours by a written report to the Department of Children and Families.

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: October 23, 2023
March 27, 2023
June 25, 2018
June 26, 2018
Adopted: May 26, 2015

5145.6 Student Grievance Procedure (Policy Reviewed 3-27-2023)

Students

Student Grievance Procedures 5145.6
______________________________________________________________________________________________________________________________________________________

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: March 27, 2023

June 25, 2018

Policy Revised: May 13, 2013

5156 Research Involving Students (Policy Revised 5-22-2023)

Students
Research Involving Students 5156
______________________________________________________________________________________________________________________________________________________
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.

Conducting Research in the Schools

The Board recognizes the importance of research and surveys as means of improving the instructional program for the district's students and also recognizes the need to monitor and control the amount of time and energy expended by both staff and students on research projects sponsored by agencies and individuals from outside the district. Therefore, external agencies or individuals desiring to conduct research studies or surveys involving either students or staff members during the school day must submit a written prospectus to the Superintendent or their designee, for approval prior to initiation of the study. To be approved, all such research proposals or surveys must demonstrate that the projected findings will have value to either the district as a whole or to a unit within the district, and not be unduly disruptive or time consuming of the normal educational process. If approved, parental consent must be given in writing through use of a consent form. There can be no “presumed consent” if a written affirmative response is not given by a parent/guardian.

The policy committee believes that these below procedures should be adopted as regulations for those interested in doing research involving our students.

Application Procedures

Any individual or organization wishing to conduct a research, evaluation, survey, or test development project involving students or staff of the Vernon Public Schools must submit a letter of application to the Superintendent of Schools containing the following information:

1. A description of the study, no more than three pages in length. The following information should be included:

a.    Rationale and objectives;
b.    Population or subjects to be studied;
c.    Educational intervention (if any);
d.    Data collection procedures including what data will be collected, who will do the data collection, and how much student and/or staff time will be needed;
e.    Potential benefits to the District which may accrue from this project;
f.    Plan for obtaining informed consent;
g.    Plan for providing feedback and/or debriefing subjects and parents.

2. Samples of all instruments and/or instructional materials to be used;

3. Sample of informed consent letter(s) (See Appendix A);

4. Timelines or schedule of events for the project.

Review Process

Completed applications will be reviewed by the Superintendent of Schools or designee and such other personnel as may be necessary to evaluate the feasibility of conducting the proposed study in the Vernon Public Schools. A minimum of three weeks is required for review of the proposal.

The Superintendent or designee will consider the following questions in deciding whether or not to approve the request:

1.    Can the research be carried out without interfering with the teaching learning process for students or staff?
2.    Can school time reasonably be devoted to the request?
3.    Are the instruments and/or instructional materials appropriate for use in the school setting?
4.    Are the dignity and personal rights of those who would be involved in the Study protected?
5.    Is there any potential for invasion of privacy of students, families or employees?

6.    Does the informed consent letter provide a clear and accurate description of the research?
7.    Does the request contain a convincing statement of how the research may be useful?
8.    Is the research relevant to the mission of the school district rather than relevant to the goals of the sponsoring individual or agency?
9.    Does the proposal appear feasible?
10. Does the design of the proposal achieve what is expected?
11. Is the proposal consistent with District policies?
12. Has the proposal been approved by the institution or funding agency with which the research is affiliated? If applicable, has the research been approved by "rights of human subjects" or other institutional review committee?
13.    Does the research plan ensure confidentiality of sources of data?

Approval and Monitoring Procedures

If the proposed study passes the initial review, the following steps will be taken:

1. Contact Principals/Program Managers in schools/programs where the study might be conducted. The written description of the project and other supporting materials will be sent to the Principal/Program Manager for review. If the proposed study passes the Principal's review, it should then be returned to the Superintendent or designee for final approval.

2. A letter will be sent to the research applicant giving approval to conduct the proposed project in the school(s) programs(s) designated. A copy of this letter will be sent to each Principal/Program Manager involved.

3. The research applicant will contact the Principal(s)/Program Manager(s) to make arrangements for conducting the study.

It is expected that the researcher will conduct the project in accordance with the procedures as outlined in the approved proposal. The researcher is also expected to keep the Principal/Program Manager and the Superintendent of Schools informed regarding the progress of the data collection and to submit a written report of the project when it is completed.

Suggestions for Informed Consent Letters

1. Introduction of the researcher, institutional affiliation, source of funding, and any other pertinent information (e.g., part of doctoral dissertation research);

2. Purpose of the study stated in simple English avoiding jargon and unnecessary details;
3. Description of what the subject will be doing, where, when and for how long;

4. A sample "invitation" to participate in the study;

5. Assurances about confidentiality and independence of research from grades, school records, etc., if appropriate;

6. The assurances necessary under "rights of human subjects" regulations;

7. A name and number of someone to call, if there are questions about the study.

If you like, you may mention that your research has been approved by the District, or that the District and the school have agreed to cooperate in your study.

The consent form should be a tear-off so that a parent or subject can keep the description of your study for reference. The consent form should provide spaces for the subject's name, the name of the person signing for the subject, the name of the investigator asking for consent, and the date that the form was signed. It is generally helpful to provide a space to check "do or do not" consent, so that non-respondents can be distinguished from those not giving consent. Also, it is wise to indicate where and how the consent form is to be returned.

VERNON PUBLIC SCHOOLS
30 PARK STREET
P.O. BOX 600
VERNON, CT 06066

Date Received ________________________

Application for Conducting Research

Name of Applicant(s) ____________________________________________________________
Address ______________________________________________________________________
Telephone(s) __________________________________________________________________
Institutional Affiliation __________________________________________________________
Theme or Topic of Intended Research _______________________________________________

Research is for:

Undergraduate Course Work _____               Doctoral Degree _____
Graduate Course Work _____               Postdoctoral Research _____
Master's Degree _____                   Institutional Study _____
(indicate funding source if any)

Other (specify) _________________________________________________________________

Research has been approved by:

Advisor _____
Prospectus or Dissertation Committee _____
Funding Agency _____
Human Subjects or _____
Other Institutional Review Committee

Rationale and objectives: _________________________________________________________
______________________________________________________________________________

Target Population:

Group   # Needed    Time Needed   Specific Characteristics of Group
(grade, sex, etc.)
Students
Administrators
Teachers
Parents
Others

Special sampling requirements (specify) _____________________________________________
______________________________________________________________________________

Description of design ____________________________________________________________
______________________________________________________________________________

Task and time requirements for individual subjects __________________________________________________________________________________________________________________

Task and time requirements for administrators, teachers, and other school staff ____________________________________________________________________________________________

Instruments and/or instructional materials to be used (specify & attach sample copies) ______________________________________________________________________________________

Instruments to be administered by __________________________________________________
______________________________________________________________________________

Student record requirements ______________________________________________________
______________________________________________________________________________

Space and equipment requirements _________________________________________________
______________________________________________________________________________

Plan for obtaining informed consent (attach sample letter(s)) ___________________________________________________________________________________________________________

Plan for providing feedback and/or debriefing subjects ______________________________________________________________________________________________________________

Potential benefits to District ______________________________________________________
______________________________________________________________________________

Proposed duration of involvement of Vernon Public Schools (attach proposed timeline)

Start date __________________________ Completion Date _____________________

Signature _____________________________________________ Date _____________

Policy Revised: May 22, 2023
Policy Reviewed: June 25, 2018
Policy Revised: December 13, 2010