5000 Students

5000 Concepts and Roles in Student Policies

Concepts and Roles in Student Policies
Policy #5000
Adopted: 1/11/1996
Supersedes / Amends:  New Policy 

 

 

 

The focus of the school system is on the learner, the student.  The student’s educational development toward the school’s goals is the central concern of the board of education’s policies and the administrator’s procedures.

Each child of each parent shall be given equal opportunity.  However, children vary widely in capacities, interest, 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, religious creed, age, marital status, national origin, sex, or physical disability is prohibited.

Legal Reference:          Title IX of the Education Amendments of 1972

 Section 504, U.S. Rehabilitation Act. 1973                  Connecticut General Statutes

10-15c Discrimination in public school

5111 Admission - Placement

Admission - Placement 
Policy # 5111
Adopted: 1/11/1996
Supersedes / Amends:  General Administration 

 

 

 

The schools shall be open to all children who have attained the age of 5 or will do so by January 1st.  Exceptions from routine admission may be made by the elementary school principal on the basis of supporting evidence from physical and psychological examinations.

Children who apply for initial admission to the district’s schools by transfer from non-public schools or from schools outside the district will be placed at the grade they would have reached elsewhere pending observation and evaluation by classroom teachers, guidance personnel, and the school principal.  After such observations and evaluations have been completed, the principal will determine the final grade placement of the children.

Legal Reference:   Connecticut General Statutes

                             10-261 Definitions

                             10-15 Towns to maintain schools

                             10-15c School attendance by five year olds

                             State Board of Education Regulations

                             10-76d-7 Admission of student requiring special education

5112.1 Ages of Attendance

Ages of Attendance 
Policy # 5112.1 
Adopted: 6/8/2004
Supersedes / Amends: 5112

 

 

 

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

Parents and those who have the control of children five years of age and over 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 or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools.  Effective July 1, 2001, the parent or person having control of a child sixteen or seventeen years of age must consent to such child's withdrawal from school.  The parent or person shall exercise this option by personally appearing at the school district office to sign a withdrawal form.  This district shall provide the parent or person with information on the educational opportunities 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 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 sixteen or seventeen and who has terminated enrollment with parental consent in the district's schools and subsequently seeks readmission may be denied readmission for up to ninety school days from the date of such termination.

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

(cf. 5111 - Admission/Placement)

(cf. 5112 - Ages of Attendance)

(cf. 6146 - Graduation Requirements)  

Legal Reference:  Connecticut General Statutes

10-15  Towns to maintain schools

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

10-76a - 10-76g  re special education

10-184  Duties of parents (re mandatory schooling for children ages five to sixteen, inclusive) as amended by PA-98243, and PA 00-157

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 Readmission and Placement of Older Students)

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)        

5113-2(a) Attendance, Excused Absences and Truancy

Attendance, Excused Absences and Truancy
Policy # 5113-2 (a)
Adopted: 10/13/2009
Supersedes / Amends: 1312 Truancy & 5113 adopted 1/11/96

 

 



Connecticut state law requires parents to cause their children to attend school regularly during the hours and terms the public school is in session. The responsibility for regular attendance rests with the students' parents, guardians or with the students themselves when they become of legal age.  In order for students to develop to their full potential, the Board of Education deems it essential that students attend school on a regular basis. The learning experiences that occur in the classroom are considered to be meaningful and essential components of the learning process. Time lost from class tends to be irretrievable in terms of opportunity for instructional interaction.

Excused Absence

The Board believes a student should not be absent from school without the parents' knowledge and consent, therefore verification of an absence should be in writing by parent or guardian. Whenever feasible and appropriate, prior notification should be given and school approval provided.

An absence shall be considered "excused" when a child does not attend school due to:

Illness or injury,

Death in the immediate family,

Religious obligation,

Court appearance,

School sponsored activity,

An emergency, or

Other exceptional circumstances. Written excuse for such absences should be submitted to school officials by the child's parent or guardian. All other absences with or without written explanation shall be considered unexcused.

Unexcused Absence

Board policy with respect to unexcused absences stresses prevention and inquiry leading to remediation of absences. The schools will make all reasonable efforts to keep parents and students informed as to attendance problems and will make all reasonable efforts to help students improve their attendance when such improvement is warranted. Only when all local resources are exhausted is referral to legal authorities recommended.

Release of Student During School Day

The Board recognizes the need for students to be in school for the full instructional day. It is encouraged that early dismissal should be requested only in emergency or unusual situations.

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

Dismissal before the normal end of the school day must be requested in writing or by other direct contact with parent/guardian.

Students who become ill during the school day may be excused by the school nurse following contact with parent/guardian.

Truancy

The Board must provide each child with a continuing education which will prepare the student to assume adult roles and responsibilities. Therefore, regular attendance and punctuality are expected from all children enrolled in the school. By statute, responsibility for assuring that students attend school rests with the parent(s) or other person having control of the child. Every effort must be made to keep absences and tardiness to a minimum. To assist parent(s) and others in meeting this responsibility, the Board has developed the following procedures regarding students up to age eighteen (18) inclusive.

Annually notify parents or other person having control of each child enrolled, up to age eighteen (18), inclusive in writing of the obligations of the parent pursuant to student attendance (C.G.S. 10-184).

Obtain from each parent or other persons having control of an enrolled child a telephone number or other means of contacting such parent or other person during the school day.

Establish a system for monitoring student's individual absences/tardies.

Make a reasonable effort to notify, by telephone, the parent(s) or other such person(s) whenever a child fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the child's parent or other person is aware of the student's absence.

Identify a student as "truant" when the student has four (4) unexcused absences in any one month, or ten (10) unexcused absences in any school year.

Hold a meeting, if necessary by telephone, with appropriate staff and the parent or other person having control of the child identified as a "truant" within ten (10) days of such designation to review the reasons for the truant behavior and to evaluate the situation.

Referral will be made to the Planning and Placement Team to determine whether or not an educational evaluation is appropriate, prior to a written complaint to Superior Court.

File a written complaint, by the Superintendent, with the Superior Court alleging that the acts or omissions of any child identified as a "truant" are such that the student's family is a "family with service needs" if the parent or other person having control of the child identified as "truant" fails:

to attend the required meeting to evaluate why the child's truant, or

to cooperate with the school in trying to solve the truancy problem.

Provide for the coordination of services and refer enrolled students who are truants to community agencies providing child and family services.

Persons who, in good faith, give or fail to give notice 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.

Legal Reference: Connecticut General Statutes

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

10-198a Policies and procedures concerning truants (as amended by PA 00-

157)

10-199 through 10-202 Attendance, truancy in general. (Revised 1995 - PA

95-304)

10-22l(b) Board of education to prescribe rules.

Campbell v New Milford, 193 Conn 93 (1984).

 

Appendix A

 

ANNUAL NOTIFICATION OF PARENTAL OBLIGATIONS

UNDER C.G.S. 10-184

(To Be Included In The Student Handbook)

Connecticut law requires that annually the school provide you a written notice of your obligations under Connecticut General Statute 10-184. This law requires each parent or guardian of a child five years of age and older and under eighteen years of age to ensure that the child attends school regularly when school is in session - unless such parent or other person shows that the child is receiving equivalent instruction elsewhere, or that the child has graduated from high school. The parent or person having control of a child sixteen or seventeen years of age may consent to such child's withdrawal from school by signing a withdrawal form at the school office.

Regular student attendance is essential to the educational process. So we can inform you if your child is absent without a previous explanation, Connecticut laws also require that we obtain from you a telephone number or other means of contacting you during the school day.

5113 Attendance and Excuses

Attendance and Excuses
Policy # 5113 
Amended: 5/12/2015
Supersedes / Amends: : 5113 dated 3/14/2012

 

 

 

Attendance and Excuses

Connecticut state law requires parents to cause their children, ages five through seventeen inclusive, to attend school regularly during the hours and terms the public school is in session. Parents or persons having control 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 his/her 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.

Excuses

Note: The use of the state approved definitions of "excused" and "unexcused" absences are for state purposes for the reporting of truancy. Districts are not precluded from using separate definitions of such absences for their internal uses such as involving decisions on areas such as promotion and grading.

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.

Such documentation includes a signed note from the student's parent/guardian, a signed note from a school official that spoke in person with the parent/guardian regarding the absence, or a note confirming the absence by the school nurse or by a licensed medical professional, as appropriate. Documentation should explain the nature of and the reason for the absence as well as the length of the absence. Separate documentation must be submitted for each incidence of  absenteeism.

B. 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 another 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 pre­approved by District administration and to be in accordance with Connecticut State Department of Education guidance.

C.  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 a 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 other person having control of the child 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 other person having control of the  child.

The required mailed notice shall include a warning that four unexcused absences from school in one  month or ten unexcused absences in a school year may result in a complaint filed with the Superior Court alleging the belief that the acts or omissions of the child are such that the child's family is a family with service needs.

Responsibility for completion of missed class work 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 27­103, 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 to 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 his or her return to school from such period of excused absence. Dismissal

No school, grade, or class may be dismissed before the regularly scheduled dismissal time without the approval of the Superintendent or his/her 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. 5142 ­ Student Safety) (cf. 5113.2 ­ Truancy)

(cf. 6113 ­ Released Time)

Legal Reference:   Connecticut General Statutes

10­184 Duties of parents (as amended by PA 98­243 and PA 00­157) 10­185 Penalty

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

10­199 through 10­202 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.

Legal Reference:   Connecticut General Statutes

10­184 Duties of parents (as amended by PA 98­243 and PA 00­157) 10­185 Penalty

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

10­199 through 10­202 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

5114.2 Communicable Disease

Communicable Disease 
Policy # 5114.2
Adopted: 1/11/1996
Supersedes / Amends: 

 

 

 

The Winchester Public School System will monitor the information made available through the State of Connecticut Department of Education and Department of Health Services as well as through the Centers for Disease Control in Atlanta relative to children diagnosed as having any communicable disease. Based on the most recent medical and educational information, the school system will review each case on an individual basis to recommend the most appropriate educational program.

5114 Suspension and Expulsion

Suspension and Expulsion 
Policy # 5114 
Revised:  7/10/12
Supersedes / Amends:  Amended and Adopted  9/9/08 and 01/11/96 

 

 

 

SUSPENSION AND EXPULSION/DUE PROCESS                             

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

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

A.  Definitions

  1. “Exclusion” shall be defined as any denial of public school privileges to a student for disciplinary purposes. 
  2.  “Removal” shall be defined as an exclusion from a classroom for all or a part of single class period, provided such exclusion shall not extend beyond ninety (90) minutes.
  3. “In-School Suspension” shall be defined as an exclusion from regular classroom activity for no more than ten consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed.  Such suspensions shall be served in the school attended by the student or a location approved by the Superintendent.  The Board has determined that in-school suspensions shall be served in the District schools.
  4.  “Suspension” shall be defined as an exclusion from school privileges or from transportation services for no more than ten (10) consecutive school days, provided such exclusion shall not extend beyond the end of the school year in which such suspension was imposed. Suspensions shall be in-school suspensions unless the administration determines 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 have proven ineffective.
  5.  “Expulsion” shall be defined as an exclusion from school privileges, and/or from transportation, for more than ten (10) consecutive school days and shall be deemed to include but not be limited to, exclusion from the school to which such student was assigned at the time such disciplinary action was taken, provided that assignment to a regular classroom program in a different school in the district shall not constitute a suspension or an expulsion.  Such period of exclusion may extend to the school year following the school year in which the exclusion was imposed, up to one calendar year.
  6.  “Emergency” shall be defined as a situation under which the continued presence of the student in the school imposes such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.
  7.  “Days” is defined as days when school is in session.
  8. “School-sponsored activity” is defined as any activity sponsored, recognized, or authorized by the Board of Education and includes activities conducted on or off school property.
  9. “Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property.

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

11.“Firearm” means 1) any weapon (including a starter gun) which will or is designed to or readily be converted to expel a projectile by the action of an explosive; 2) the frame or receiver of any such weapon; 3) any firearm muffler or firearm silencer; or 4) any destructive device. 

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

13.“Martial arts weapon” means a nunchakum kama, kasari-fundo, octagon sai, tonfa or Chinese star.

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

B.  Removal from Class

  1. All teachers are hereby authorized to remove a student from class when such student causes a serious disruption of the educational process within the classroom.
  2. Such teacher shall send the student to a designated area and shall immediately inform the building Principal or his/her designee as to the name of the student and the reason for removal.
  3. No student shall be removed from class more than six (6) times in any year nor more than twice in one week, unless such student is granted an informal hearing in accordance with the provisions of this policy, as stated in G(3).
  4. Exclusion from Co-Curricular and Extra-Curricular Activities

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

D.  Suspension and Expulsion

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

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

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

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

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

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

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

g. Harassment and/or hazing/bullying;

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

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

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

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

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

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

n.  Participation in any unauthorized occupancy by any group of students or others of any part of any school;

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

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

q.  Repeated unauthorized absence from or tardiness to school;

r.  The use or copying of the academic work of another and the presenting of it as one's own without proper attribution;

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

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

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

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

w.  Smoking.

E.  Suspension for Conduct Off School Grounds

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

a. Conduct leading to a violation of any federal or state law if that conduct is determined to pose a danger to others or property.

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

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

F. Mandatory Expulsion

It shall be the policy of the Board to expel a student for one full calendar year if:

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

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

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

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

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

G.  Suspension Procedure

1.  The Superintendent may authorize someone with an 092, other than a Principal, to suspend.

The Principal of each school shall have the authority to invoke suspension for a period of up to ten (10) days or to invoke in-school suspension for a period of up to ten (10) days of any student for one (1) or more of the reasons stated in paragraph C, above, in accordance with the procedure outlined in this paragraph.  Suspensions shall be in-school suspensions unless the Principal determines that the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension.  The Principal may also consider a student’s previous disciplinary problems when deciding whether an out-of-school suspension is warranted, as long as the school previously attempted to address the problems by means other than an out-of-school suspension or an expulsion.

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

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

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

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

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

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

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

5. No student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a hearing as provided in paragraph H(5) is first granted.

6. No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a hearing as provided in paragraph H is first granted.

H. Expulsion Procedures

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

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

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

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

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

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

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

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

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

e. The opportunity to cross-examine adverse witnesses;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I.  Notification

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

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

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

J. Students with Disabilities

A special education student and/or 504 disability shall be considered before making a decision to suspend. A student with disabilities may be suspended for up to ten (10) school days in a school year without the need for the district to provide any educational services.  A disabled student may be additionally removed (suspended) for up to ten (10) school days at a time for separate acts of misconduct as long as the removals do not constitute a pattern.  During any subsequent suspension of ten (10) days or less of a student with disabilities, the district shall provide services to the disabled student to the extent determined necessary to enable the student to appropriately advance in the general education curriculum and toward achieving his/her IEP goals. In cases involving removals for ten (10) days or less, school personnel (school administration) in consultation with the child’s special education teacher, shall make the service determination.

If the disabled student’s suspensions beyond ten (10) school days in a school year constitute a pattern because of factors such as the length of each removal, the total amount of time the child is removed and the proximity of the removals to one another, the IEP team (PPT) shall conduct a manifestation determination. Meetings of a student’s IEP team (PPT) are required to develop a behavioral assessment plan or to review and modify as necessary  one previously developed when the disabled student has been removed (suspended)  from his/her current placement for more than ten (10) school days in a school year and when commencing a removal (suspension) that constitutes a change in placement.

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

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

1. If a student with disabilities engages in conduct that would lead to a recommendation for expulsion, the district shall promptly convene an IEP team (PPT) meeting to determine whether the misconduct was caused by or had a direct and substantial relationship to the student's disability or if the conduct in question was the direct result of the District’s failure to implement the IEP.  A student may be suspended for up to ten (10) days pending the IEP team (PPT) determination.

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

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

4.  Should a parent of a student with disabilities who is eligible for services under the IDEA (or the student himself/herself if eighteen (18) years of age or older) file a request for a due process hearing to contest an expulsion under subparagraph (2) above or a proposed change in placement under subparagraph (3), unless the parents (or student if eighteen years of age or older) and the Board otherwise agree, the child shall stay in the interim alternate educational setting, if so placed by student authorities, pending decision in said due process hearing and any subsequent judicial review proceedings.

5.  Notwithstanding the provisions of the preceding subparagraph (4), a student with disabilities may be assigned to an interim alternative educational setting for not more than forty-five (45) school days if the student brings a weapon to school or to a school function or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function, or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.  For purposes of this paragraph, "weapon" means a device instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, but excludes a pocket knife with a blade of less than two and one-half (2½) inches in length.  “Serious bodily injury” is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty. The interim alternative placement shall be determined by the IEP team (PPT).  If a due process hearing is requested, the student shall remain in said interim alternative placement pending a decision in the due process hearing, unless the Board and the parents otherwise agree, or the Board obtains a court order.

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

K.  Alternative Educational Opportunity

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

The Board of Education is not obligated to provide such alternative educational opportunity to any student eighteen (18) years of age or older.  The Board of Education is not required to offer such alternative educational opportunity to any student between the ages of sixteen (16) and eighteen (18) who is expelled because of conduct which endangers person, if it was determined at the expulsion hearing that the conduct for which the student was expelled involved  (a) carrying on or introducing onto school property a firearm, deadly weapon or dangerous instrument as defined in C.G.S. 53a-3 or  (b) offering for sale or distribution on school property or at a school sponsored activity a controlled substance, as defined in subdivision  (8) of C.G.S. 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting, or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under C.G.S. 21a-277 and 21a-278.  If the Board expels a student for the sale or distribution of such a controlled substance, the Board shall refer the student to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action.  If a student is expelled for possession of a firearm or deadly weapon, the Board shall report the violation to the local police department.

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

Whenever the Board notifies a student between the ages of sixteen (16) and eighteen (18) or the parents/guardians of such student, that an expulsion hearing will be held, the notification shall include a statement that the Board is not required to offer an alternative educational opportunity to any student who is found to have engaged in conduct including possession of a martial arts weapon, firearms, deadly weapons or dangerous instruments on school property or at a school function.

L.  Other Considerations

  1. If a student is expelled, notice of the expulsion and the conduct for which the student was expelled shall be included on the student's cumulative educational record.  Such notice shall be expunged from the cumulative educational record by the Board if the student graduates from high school unless the expulsion notice is based on possession of a firearm or deadly weapon.
  2. If a student’s expulsion is shortened or the expulsion period waived based upon the fact that the student was expelled for the first time, had never been suspended, and successfully completed a Board specified program and/or met other conditions required by the Board, the notice of expulsion shall be expunged from the cumulative educational record if the student graduates from high school or, if the Board so chooses, at the time the student completes the Board specified program and meets any other conditions required by the Board.
  3. The Board may adopt the decision of a student expulsion hearing conducted by another school district provided such Board of Education held a hearing pursuant to C.G.S.10-233d (a).  Adoption of such a decision shall be limited to a determination of whether the conduct which was the basis for the expulsion would also warrant expulsion under the policies of this Board.  The student shall be excluded from school pending such hearing.  The excluded student shall be offered an alternative education opportunity in accordance with item K above.
  4. Whenever a student against whom an expulsion hearing is pending withdraws from school and after notification of such hearing but before the hearing is completed and a decision rendered, (1) notice of the pending expulsion hearing shall be included on the student's cumulative educational record and (2) the Board shall complete the expulsion hearing and render a decision.
  5. A student expelled for possession of a firearm or deadly weapon shall have the violation reported to the local police department.
  6. The period of expulsion shall not extend beyond a period of one (1) calendar year.  A period of exclusion may extend into the next school year.
  7. An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Superintendent of Schools.  Readmission decisions shall not be subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.
  8. Any student who commits an expellable offense and is subsequently committed to a juvenile detention center, the Connecticut Juvenile Training School, or any other residential placement for such offense, may be expelled by the local board of education.  The period of expulsion shall run concurrently with the period of commitment to a juvenile detention center, the Connecticut Juvenile Training School, or any other residential placement. 

M. Readmission of Student from a Residential Placement

A District student who has committed an expellable offense who seeks to return to a District school, after having been in a juvenile detention center, the Connecticut Juvenile Training School, or any other residential placement, for one (1) year or more, in lieu of expulsion from the District, shall be permitted to return to the appropriate school setting within the District.  Further, the District shall not expel the student for any additional time for the offense(s).

Students and parents shall be notified of this policy annually.

Legal Reference:  Connecticut General Statutes

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

10-233a 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 and PA 11-126.

53a-3 Definitions.

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

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

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

18 U.S.C. 921 Definitions.

Title III - Amendments to the Individuals with Disabilities Education Act. Sec. 314 (Local Control Over Violence) Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994.

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

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

20 U.S.C. Section 7114, No Child Left Behind Act

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

5117.2 Magnet School Participation

Magnet School Participation 
Policy # 5117.2
Adopted: 5/8/2007
Supersedes / Amends: New Policy


 

 

The Winchester Board of Education recognizes that students may benefit from having a choice of schools to attend within the public school system that is not limited by school and/or district boundaries.  An interdistrict public school attendance program will (1) provide parents and students with greater opportunities to choose the school and/or program that best meets the academic needs of the student; (2) positively influence the level of parent involvement and student motivation; (3) improve academic achievement;  and (4) provide a choice of educational programs for students.

The Board of Education supports the attendance of a limited number of students at the various magnet or similar schools in the region within the ability of the district to budget adequately for the cost of tuition and transportation.  The District will determine each year the budget for magnet school attendance.  To aid in the budget process the Superintendent will endeavor to determine the number of students who have expressed interest in applying for magnet school admission.  This might entail notice to all parents that there will be a cut-off date for indications of interest in a magnet school program.  Based on the level of interest expressed and the cost of the magnet school program the Superintendent shall include in his budget recommendation a dollar amount to be allocated towards the cost of magnet school participation.  That dollar amount may be zero or any amount up to and including the full cost of the magnet school participation for the students who have timely expressed interest in attending a magnet school.

During the budget process the Board of Education may elect to endorse the Superintendent’s recommendation or may mandate increases or decreases in the budgeted amount.  Following final adoption of a total budget the amount allocated to magnet school participation may be reduced to reflect budget cuts.  The Superintendent may allocate funds available to pay the costs of the magnet school for students who have been admitted to a magnet school.  The Superintendent shall use his or her judgment in allocating the funds, but shall generally give preference to students who timely indicated their interest in a magnet school.  The Superintendent may if the circumstances warrant allocate funds to a student who failed to indicate his or her preference in a timely fashion. With limited funds available the Superintendent may partially fund all students who expressed an interest in a timely manner.  Transportation ordinarily will not be funded by the District.

5121.3 Cheating

Cheating 
Policy # 5121.3
Adopted: 11/12/12
Supersedes / Amends:

 

 

 

Students / Cheating

Cheating by students is defined as attempting to take credit or taking credit for someone else’s work, using unauthorized materials, or otherwise acting to deceive the evaluator in an assignment, project, or test.  Teachers at all grade levels shall make students aware of what cheating is, how it undermines the learning process and breaches principles of ethics that the district places in high regard, and the punishments for it.  They shall also structure tests and assignments so as to minimize the opportunity for student cheating.

(cf. 5121 - Examination/Grading/Rating)

(cf. 5144 - Discipline/Punishment)

5118 Nonresident Students

Nonresident Students 
Policy # 5118
Adopted: 12/11/2001
Supersedes / Amends:  New Policy 

 

 

 

Definition.  A nonresident student is a student who:

resides outside of the school district; or

resides within the school district on a temporary basis; or

resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or

resides within the school district for the sole purpose of obtaining school accommodations; or is

a child placed by the Commissioner of Children and Youth Services or by other agencies in a private residential facility.  However, under this circumstance, children may attend local schools with tuition paid by the home district unless special education considerations make attendance in local schools and programs inappropriate.  Children not requiring special education who live in town as a result of placement by a public agency (other than another board of education and except as provided otherwise in this paragraph) are resident students;  those requiring special education may attend local schools (with special education cost reimbursements in accordance with statutes) unless special education considerations make attendance in local schools and programs inappropriate. 

Nonresident Attendance Without Tuition.  Upon written parental request, nonresident students may be allowed by the Board of Education to attend district schools without tuition under one or more of the following conditions:

A family moved from the district after January 1st of the school year; however, if parents so request, a child may complete the marking period regardless of when the family moves from town;

A family residing outside of a district has firm plans to move into the school district within the current school year as evidenced by contract to buy, build, rent, or lease;

A twelfth grade student wishes to complete his or her education in the district;

Children reside temporarily within the district because of family changes or children attending local schools residing temporarily outside of the district because of family circumstances.  Approval shall not exceed three (3) calendar months; if subsequent approval is necessary, it shall be considered based upon information available at that time.

Exchange Students.  No tuition is required for foreign (non-U.S.A., green card, or visa) students living within the district under the American Field Service Program or under other programs or circumstances approved by the board.  Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

Nonresident Attendance With Tuition.  Nonresident students who do not meet one or more criteria under previous sections of this policy, may attend local schools only with tuition payment.  The Board of Education may approve nonresident student attendance with tuition if class size, transportation, and other considerations permit.  Nonresident approval with tuition shall be for one (1) school year or less.  Tuition rates shall be established by the board annually.

Attendance by a nonresident tuition student may be terminated by board of education action, upon recommendation of the superintendent of schools, if the board deems such termination in the best interest of the school district.  An adjustment of tuition on a per diem basis will be made in this instance.

Evidence of Residency. The superintendent of schools or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or pupil eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student’s may not be entitled to attend school in the district. 

Removal of Nonresident Student From District Schools.  If after a careful review of affidavits, registration, or other available evidence, the superintendent of schools or his/her designee believes a student is not entitled to attend local schools, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend local schools, and the superintendent shall notify the board of education (if known) where the child should attend school.  If after review district residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be so informed.

If a student is removed from a district school for residency reasons the superintendent of schools or his/her designee shall: 1) inform the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older of hearing rights before the board of education and that the student(s) may continue in local schools pending a hearing before the board of education if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older;  2) that upon request, a transcript of the hearing will be provided;  3) that a local board of education decision may be appealed to the State Board and that the student(s) may continue in local schools pending a hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older;   4) that if the appeal to the State Board of Education is lost, a per diem tuition will be assessed for each day a student attended local schools when not eligible to attend.

Board of Education Hearing.  Upon written request, the board of education shall provide a hearing within ten (10) days after receipt of such request.  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 to attend local schools within ten (10) days after the hearing;  and shall notify the parent, 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 4-177 to 4-180 inclusive of Connecticut General Statutes.

The board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.

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 placements…and temporary shelters.

5122.3 Assignment of Former Home Schooled Students and Students from Non-Accredited Schools to Classes


Assignment of Former Home Schooled  Students and Students from Non-Accredited Schools  to Classes
Policy # 5122.3
Adopted: 9/11/07
Supersedes / Amends:

 


 


Placement of resident home-schooled students and students from non-accredited schools or programs who seek to be admitted or re-admitted to the District’s schools will be determined by the Principal who shall consult with members of the professional staff to the extent appropriate.  The Principal may direct that a test or tests be administered to help determine grade level.  In addition, the Principal is authorized to collect from parents/guardians actual samples of coursework as he/she deems necessary in order to make the determination that the requisite academic standards have been met.  The decision of the Principal may be appealed by the parent or guardian to the Superintendent of Schools or his/her designee.  The decision of the Superintendent is final.

A home-schooled student or a student transferring from a non-accredited school or program seeking admission to a District school must meet all residency, age, health examination, immunization, and other eligibility prerequisites as mandated by State law and regulations.

(cf. 5111- Admissions)

(cf. 5122- Assigning Students to a teacher and Classes in Grades K-12)

(cf. 5123- Promotion Retention)

Legal Reference:   Connecticut General Statutes

          10-221(b) Boards of Education to prescribe rules

5123 Promotion, Acceleration, Retention K-12

Promotion, Acceleration, Retention K-12
Policy # 5123
Amended: 2/12/13
Supersedes / Amends: Adopted 4/6/2010

 

 

 

The Board of Education is dedicated to the best total and continuous development of each student enrolled in its schools. Therefore, the District will establish and maintain the highest standards required for each grade and monitor student performance in a continuous and systematic manner. The administration and faculty shall establish a system of grading and reporting academic achievement to students and their parents and guardians. The system shall also determine when promotion and graduation requirements are met. The decision to promote a student to the next grade level shall be based on demonstrated and assessed successful completion of the curriculum, attendance, performance on the Connecticut Mastery Test (CMT) and Connecticut Academic Performance Test (CAPT) statewide assessments and other testing instruments. Any necessary retention should take place as early in a student's educational career as possible.

Students shall be promoted on the basis of academic achievement. Students who, on the basis of objective measures of academic proficiency, can reasonably be expected to meet the instructional/learning objectives at the next educational level may be promoted.

The Board of Education shall approve the grading and reporting systems as developed by the administration and faculty upon the recommendation of the Superintendent of Schools.

The Board desires to minimize / eliminate the practice of promoting students to the next grade level for social reasons even though they are failing academically. The Board expects students to progress through each grade, usually within one school year. To accomplish this, instruction should accommodate the varying interests and growth patterns of individual students and include strategies for addressing academic deficiencies when needed. Students shall progress through the grade levels by demonstrating growth in learning and meeting; grade-level standards of expected student achievement. The student's readiness :(; pr work at the next grade level shall be required before he/she is promoted. Students who have mastered the appropriate skills will be promoted; those who have not will be retained.

Schools shall identify students in danger of failing and being at risk for retention. This identification shall also include those students who fail to meet the remedial standards of the CMT and CAPT statewide assessment programs. Prior to deciding on retention for a student not mastering the appropriate skills, the district shall provide and may require the student to attend one or more alternatives for remedial assistance. Opportunities, provided for supplemental and remedial instruction to assist the student in overcoming his/her academic deficiencies, may include but are not limited to, after-school tutorial programs, Saturday
tutorial programs, summer school, Reading Recovery, instruction during school vacations or during week-end programs, cross-age tutoring or student mentoring.

In all cases of promotion or retention, the parent/guardian is to be fully involved and informed throughout the promotion/retention decision-making process. Parents will be notified as early as possible that retention is being considered and, except in very unusual circumstances, no later than March 15. The Principal shall be responsible for making the final decision as to retention and assignment.

(cf. 5124 - Reporting to Parents)

(cf. 6146 - Graduation Requirements) (cf. 6146.1 - Grading System)

LEGAL REFERENCE: Connecticut General Statutes

P.A. 99-288 A Act Concerning Education Accountability 1 0-
221 (b) Boards of education to prescribe rules.

10-265g Summer reading programs required for priority
school districts. Evaluation of student reading level. Personal
reading plans.

10-2651 Requirements for additional instruction for poor
performing students in priority school districts; exemption.
Summer school required; exemption.

5125(a) Ferpa Regulations

Board of Education Policy Regarding:
FERPA REGULATIONS
Policy # 5125(a)
Adopted: 12/12/2017
Supersedes/Amends:  New Policy

 

Students

 

Student Records; Confidentiality

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 need to comply with the legal state and federal requirements regarding the confidentiality, access to and amendment of student records.  The procedures for the confidentiality of student records shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, and its implementing and revised regulations and the Connecticut General Statutes.

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

For the purposes of this policy:

“Parent” means a natural parent, an adopted, or 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 postsecondary 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.

“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 his/her duties whether recorded in handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school system, regardless of the physical form in which it is maintained. Any information maintained for the purpose of review by a second party is considered a student record.  Records that pertain to an individual’s previous attendance as a student are “education records” under FERPA regardless of when they were created or received within the school system.

“Student record” shall not include informal notes related to a student compiled by a school officer or employee, which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute.  Records of the law enforcement unit of the District or school are not considered student records.

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

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

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

“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.

 

P5125(c)

 

Students

Student Records; Confidentiality (continued)

“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.  He/She will develop procedures (administrative regulations) providing for the following:

Annually informing parents of their rights.

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.

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.

 

P5125(d)

 

Students

Student Records; Confidentiality (continued)

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

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 him/her 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.

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

Assuring security of student records.

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

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

Ensuring the orderly retention and disposition, per applicable state statutes, of the districts student records.

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.

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.

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

 

P5125(e)

 

Students

Student Records; Confidentiality

Legal Reference:         Connecticut General Statutes (continued)

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. 93568, 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, December 2, 2011)

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

2331 Owasso Independent Sch. Dist. No.1-011 v. Falvo, 534 U.S.426 (2002)

P.L. 112-278 “The Uninterrupted Scholars Act”

 

R5125(a)

 

 

Students

Student Records; Confidentiality

Definitions

As used in this regulation:

“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 the school district or required to be maintained by an employee in the performance of his/her duties whether recorded by 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 district, regardless of the physical form in which it is maintained.  Any information which is maintained for the purpose of review by a second party is considered a student record.

“Student Record” shall not include informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute for the maker of the record.  Employment records used only in relation to a student’s employment by the district are not considered student records. In addition student records do not include alumni records that contain information about the student after the student is no longer in attendance, records maintained by a law enforcement unit of an educational agency or institution that were created by that unit for the purpose of law enforcement or records of an eligible student that are maintained by a physician, psychologist, professional or paraprofessional made in connection with the treatment of the student and disclosed only to individuals providing such treatment.

“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 notes in his or her position.  Medical records are not open to public inspection.

“Post-enrollment Records” means that 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 by the institution.

 

R5125(b)

 

Students

Student Records; Confidentiality

Definitions (continued)

“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.

“Parent” means a natural parent, an adopted parent, or legal guardian or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated, both the parent granted custody and the parent not granted custody have the legal 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 eighteen (18) years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the student shall thereafter only be required of, and accorded to, the student, unless parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1956.

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

 

R5125(c)

 

Students

Student Records; Confidentiality

Definitions (continued)

“Disclosure” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written, or electronic means.  It is also permitted to return an educational record to the provider or creator of the record, including the return of a questionable document to the purported sender for verification of information in the document.

“Personally Identifiable Information” includes but is not limited to the student’s name, the name of the student's parent or other family member, the address of the student or student’s family, a personal identifier such as the student’s Social Security Number or student number, or “biometric records” (a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual, including fingerprints, retina and iris patterns, voice prints, DNA sequence, facial characteristics and handwriting), a list of personal characteristics or indirect identifiers, such as the name of the student’s parent or other family members and the date and place of birth and mother’s maiden name, or other information that would allow a reasonable person in the school or community who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

“Record” means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche.

“Access” means a personal inspection and review of a record or an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record and a request to release a copy of any record.

“Student” means a person who is or was enrolled in a school.

“Adult student” means a person who is or was enrolled in school and who is at least eighteen (18) years of age.

"Eligible Student” means a student or former student who has reached eighteen years (18) of age or who is attending an institution of post-secondary education or is an emancipated minor.

“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.

“Legitimate Education Interest” means the need for a school official to review an educational record in order to fulfill his/her professional responsibilities.

R5125(d)

 

Students

Student Records; Confidentiality

Definitions (continued)

“Signed and Dated Waiver Consent” means signed and dated written consent to disclose personally identifiable student information from a student’s records must specify the records to be disclosed, the purpose of disclosure and the party to whom such records should be provided.  Consent may include a record and signature in electronic form provided that the consent identifies and authenticates a particular person as the source of consent.

“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.

Types of Records

The school district shall maintain only the following three categories of records:

“Mandatory Permanent Student Records” are those records which are maintained in perpetuity (at least 50 years) and which schools have been directed to compile by statute, regulation, or authorized administrative directive.  Such records shall include the following:

Legal name of student, address, gender of student

Date of birth, place of birth

Method of verification of birth date

R5125(e)

 

Students

Student Records; Confidentiality

Types of Records (continued)

Name and address of parent of minor student

Address of minor student if different than the above

An annual verification of the name and address of the parent and the residence of the student

Entering and leaving date of each school year and for any summer session or other extra session

Subjects taken during each year, halfyear, summer session, or quarter

Academic achievement (grades, transcripts)

Level of academic achievement (class standing/academic level)

If marks or credit are given, the mark or number of credits toward graduation allowed for work taken

Verification or exemption from required immunizations

Date of high school graduation or equivalent

Student activities and significant awards

 

“Mandatory Interim Student Records” are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed as per statute, regulations (6 years following the student’s graduation, or the graduation of the class to which he/she belonged, after appropriate notification to parents and/or eligible students via media and an opportunity provided to copy said records), or authorized administrative directive. Such records include the following:

 A log or record shall be maintained for each student's record which lists all persons, agencies or organizations requesting or receiving information from the record, and the legitimate interests therefore.  (Exception from listing, see Access Log, #2.)

Health information, including Child Health Developmental Disabilities Prevention Program verification or waiver.  (Comprehensive Health Record)

Participation in special education programs including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge.

R5125(f)

 

Students

Student Records; Confidentiality

Types of Records (continued)

Language training records.

Progress slips and/or notices.

Parental restrictions regarding access to directory information or related stipulations.

Parent or adult student rejoinders to challenged records and to disciplinary action.

Parental authorizations or prohibitions of student participation in specific programs.

Results of standardized tests administered within the preceding three years.

Note:   Disciplinary records of suspension and expulsion are subject to being expunged according to state and federal statutes.

 

 “Permitted Records” are those records having clear importance only to the current educational process of the student.  Such records may be destroyed after 6 years following the student’s graduation, or the graduation of the class to which he/she belonged, after appropriate notification to parents and/or eligible students via media and an opportunity provided to copy said records.  Such records may include the following:

 

Objective counselor and/or teacher ratings

Standardized test results older than three years

Routine discipline data

Verified reports of relevant behavioral patterns

All disciplinary notices

Maintenance and Security of Student Records

 

Custodian of Records

 

 The Superintendent of Schools is hereby designated as custodian of student records. The address of the custodian is 338 Main Street Winsted, CT 06098.

 

 The custodian is charged with districtwide responsibility for implementing Board of Education policies and administrative regulations relating to student records.

 

R5125(g)

Students

Student Records; Confidentiality

Maintenance and Security of Student Records (continued)

Custodian of Records  (continued)

 

The custodian shall be responsible for security of student records and shall devise procedures for assuring that access to such records is limited to authorized persons.

The custodian of records or a designated certified employee shall be responsible during the inspection for interpretation of the records where necessary and for prevention of their alteration, damage or loss.

 

 In each school, the principal, or a certified employee designated by the principal, is responsible for implementation of Board of Education policies and administrative regulations relating to student records maintained in that school.

 

Files

 A record for each individual student shall be maintained in a central file at the school attended by the student, or when records are maintained in different locations, a notation shall be placed in the central file indicating where such records may be found.

Student records shall be stored in locked containers (files) or rooms.

 

 Information

 

All anecdotal information and assessment reports maintained as student records must be dated and signed by the individual who originated the record. Each school principal shall keep on file a record of enrollment and scholarship for each student currently enrolled in that school.

 

Access to Student Records

 

School Officials

 

School officials, as defined, have access to students’ educational records without consent, if the official has been determined to have a legitimate educational interest in the records. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

 

Contractors, consultants, volunteers, and other parties to whom a school has out sourced services or functions are considered “school officials” who may have access to student records, without parental consent, if the following conditions are met:

 

R5125(h)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

 School Officials  (continued)

The party is under the direct control of the school.

The party is subject to the same conditions governing the use and redisclosure of education records applicable to other school officials.

The contractor must ensure that only individuals with legitimate educational interests, as determined by the district or school, obtain access to the education records. The contractor may not re-disclosure personally identifiable information without consent unless the district or school has authorized the re-disclosure under a FERPA exception and the district or school records the subsequent disclosure.

 

The district or school may not disclose education records to an outside service provider unless it has specified in its annual FERPA notification to parents/students that it uses contractors, consultants, volunteers, as “school officials” to provide certain institutional services and functions.

 

In controlling access to education records by school officials and outside service providers, schools must:

 

Use “reasonable methods” to ensure an official is given access to only those education records, paper or electronic, in which the official has a legitimate educational interest.

Schools may use such methods as:

 

Physical controls such as locked filing cabinets;

Technological controls such as role-based access controls for electronic records;

Administrative policies, in lieu of physical or technological controls. Such policies must be effective in controlling access.

(It is recommended that access to education records by school officials be tracked.)

 

 

R5125(i)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

 Parents

Parents of currently enrolled or former students shall have an absolute right during regular business hours to access to any and all student records related to their children which are maintained by the district.  Neither the student record, nor any part thereof, shall be withheld or edited.  If the student records contain information on more than one student, the parent may inspect and review or be informed of only the specific information which pertains to that student.

A parent or guardian’s request for access to student records shall be made in writing to the custodian of student records.  Access shall be granted no later than forty-five (45) days following the date of the request.

 A requesting parent shall be notified of the location of all student records, if not centrally located.

When a parent’s dominant language is not English, the district shall make an effort to

provide interpretation of the student record in the dominant language of the parent, or

assist the parent in securing an interpreter.

 

Parental Consent

 

The custodian of student records may permit access to student records during regular school hours (a) to any person for whom a student’s parent has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released; or (b) to the student if he/she is an eligible student, or has entered a post secondary educational institution.

The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited.

The consent notices shall be kept permanently with the student record.

Upon request, the district shall provide the parent/eligible student with a copy of the record which is disclosed. (34 CFR 9910, Rights of Inspection and Review)

 

R5125(j)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent

No person or agent shall be permitted access to student records without written parental consent or under judicial order, except that access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:

 

Officials and employees of other public schools or school districts, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided, where the student intends to or is directed to enroll.  The authority of the district or school to transfer education records to a student’s new school continues after actual enrollment so long as the disclosure is in connection with the student’s enrollment. This ensures that a school may supplement, update, or correct records sent during the student’s application or transfer period. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

 

Note: Section 504 and Title II of the ADFA generally prohibits post-secondary institutions from making pre-admission inquiries about an applicant’s disability status. However, after admission, such institutions may request such information concerning a current student.

 

Authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, State Education Officials, or their respective designees, or the United States Office for Civil Rights where such information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law; provided that except when collection of personally identifiable information is specifically authorized by federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students or their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of federal legal requirements.

 

The U.S. Attorney General or his/her designee in response to a court issued ex parte order, under the USA Patriot Act, in connection with the investigation or persecution of an offense listed in U.S.C. 2332b(g)5(B) or an act of domestic or international terrorism crimes.  The District, in response to such an order, is not required to record a disclosure of information, nor acquire consent or notice to the parent or student.

 

R5125(k)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

 Without Parental Consent (continued)

Other state and local officials to the extent that such information is specifically required to be reported pursuant to state law.

Parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.

Schools may disclose information received under a community notification program concerning a student who is required to register as a sex offender in the State.

Child welfare agencies that are legally responsible for the care and protection of students, including the educational stability of children in foster care.

Information from student records may be released to the following:

Appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of other persons. The factors to be considered in determining whether information may be disclosed include the seriousness of the threat to the health or safety of the student or other individuals, the need for the information to meet the emergency, whether the parties to whom the information is disclosed are in a position to deal with the emergency, and the extent to which time is of the essence in dealing with the emergency.  34 CFR 99.36, Conditions for disclosure of information in health and safety emergencies.

 Agencies or organizations in connection with a student’s application form or receipt of financial aid, provided that information permitting the personal identification of students or their parents may be disclosed only as may be necessary for such purposes as to determine the amount of the financial aid, to determine the conditions which will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.

Accrediting organizations in order to carry out their accrediting functions.

Organizations conducting studies for or on behalf of state educational agencies and state higher education authorities, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted.

 

R5125(l)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

Without Parental Consent (continued)

 

Such disclosure is subject to the following FERPA requirements:

The school does not have to initiate the research request or agree with or endorse the conclusion or results of the study.

The school must agree with the purposes of the study and retain control over information from the education records it discloses.

 

The school must have a written agreement with the receiving organization that:

Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed.

Requires the organization to use the information from education records only to meet the purpose or purposes of the study stated in the agreement.

Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests.

Requires the organization to destroy or return all personally identifiable information when no longer needed for purposes of the study.

 Specifies the time period in which the information must be returned or destroyed.

Note:   It is recommended that whenever possible agencies and institutions either release de-identified information or remove student’s names and Social Security Numbers to reduce the risk of unauthorized disclosure of personally identifiable information.

Officials and employees of private schools or school districts where the student is enrolled or intends to enroll subject to the rights of parents by law.

An agency caseworker or other representative of a State or local child welfare agency, or tribal organization who has the right to access a student’s case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the education needs of the students and authorized by such agency or organization to receive such disclosure.

 

R5125(m)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

 Without Parental Consent (continued)

No person, persons, agency, or organization permitted access to student records pursuant to this regulation shall permit access to any information obtained from such records by any other person, persons, agency or organization without the written consent of the student's parent; provided, however, that this paragraph shall not be construed to require prior parental consent when information obtained pursuant to this regulation is shared with other persons within the district so long as such persons have an equal legitimate interest in the information.

 

Education records may be released without consent if all personally identifiable information has been removed. The district must reach a “reasonable determination” that a student’s identity is not personally identifiable because of unique patterns of information about that student, whether through single or multiple releases, taking into account other reasonably available information.  Also, de-identified student level data may be released for the purpose of educational research by attaching a code to each record.  It may be necessary to look to local news, events, and media coverage in the “school community” in determining, in a highly publicized incident, whether other information would make a particular record personally identifiable even if all direct identifiers have been removed.

 

Court Order

 

 Information concerning a student shall be furnished in compliance with a court order.

 

Unless otherwise judicially instructed, the custodian shall, prior to the disclosure of any student's records pursuant to a court order, give the parent and the student three days notice, if lawfully possible, within the requirements of the judicial order, of the name of the requesting agency and the specific records requested. Such notice shall be in writing if possible.

Only those records related to the specific purpose of the court order shall be disclosed.

When a parent is a party to a court proceeding involving child abuse or neglect, or dependency matters, and a judicial order is issued in the context of that proceeding, or pursuant to a lawfully issued subpoena, additional notice to the parent by the educational agency or institution is not required pertaining to the disclosure of the records.

 

R5125(n)

 

Students

Student Records; Confidentiality

Access to Student Records (continued)

Court Order (continued)

The service of a subpoena upon a district employee or official solely for the purpose of causing the employee to produce a school record pertaining to any student may be complied with by such employee, in lieu of personal appearance as witness in the proceeding, by submitting to the court, or other agency issuing the subpoena, at the time and place required by the subpoena, a copy of such record, accompanied by an affidavit certifying that such copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photograph, microfilm, micro card, or miniature photograph or other photographic copy or reproduction or an enlargement thereof.

 Nothing in this regulation shall preclude the district from providing in its discretion statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students.

 If it is determined, per the federal regulations, that a third party improperly redisclosed personally identifiable information from education records in violation of Section 99.33(a), of FERPA Regulations, the district may not allow that third party access to personally identifiable information from education records for at least five years.

Disclosure to Parents of “Eligible Students” and Rights of Students

Rights of parents under FERPA transfer to students once the student has reached 18 years of age or is attending a post secondary institution and thereby becomes an “eligible student.”

 Disclosure to parents without student consent after FERPA rights have transferred to students is permitted under the following circumstances:

The student is a dependent for Federal income tax purposes.

The disclosure is in connection with a health or safety emergency; i.e. knowledge of the information is necessary to protect the health or safety of other individuals.

The student has violated a law or the school’s rules or policies governing alcohol or substance abuse.

 

R5125(o)

Students

Student Records; Confidentiality

Access to Student Records (continued)

Disclosure of Information in Health and Safety Emergencies (Also see section above)

The district may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

Such appropriate information concerning disciplinary action may be disclosed to teachers and school officials in the district who have been determined to have legitimate educational interests in the behavior of the student.  This must be strictly construed.

Such appropriate information, concerning disciplinary action, may be disclosed to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.

In making a determination, the district or school must take into account the totality of the circumstances pertaining to a threat to the safety or health of the student or other individuals.  If a school determines that there is an articulable and significant threat to the safety or health of a student or other individuals, it may disclose information from education records to appropriate parties whose knowledge of the information is necessary to protect the health and safety of the student or other individuals.

The district or school is required to record the articulable and significant threat that formed the basis for the disclosure and the parties to whom the information was disclosed.  “Appropriate parties” include the parents of an eligible student.

Pursuant to C.G.S. 19a-581 through 19a-585, confidential information concerning HIV status may not be released to anyone EXCEPT a health care provider with a written release from the parents.

Redisclosure of Educational Records

Federal and State officials that receive education records for audits, evaluation, and compliance and enforcement purposes may redisclose such records under the same conditions that apply to other recipients of education records.

A state educational agency that received records for audit, evaluation or compliance or enforcement purposes may redisclose records for other qualifying purposes, such as:

 

Forwarding records to a student’s new school district;

Forwarding records to another listed official, including the Education Secretary or a post secondary authority;

Forwarding to an accrediting agency; or

In connection with a health or safety emergency.

 

R5125(p)

Students

Student Records; Confidentiality

Access to Student Records (continued)

 Criteria

“School officials and employees” as used in this regulation means district employees and elected district officers, and other parties as defined in this regulation.

 

 The following criteria shall be used in determining whether a “school official or employee” has a “legitimate educational interest”.

 

The employee has an instructional or supervisory responsibility toward the student that, in order to be fulfilled, requires knowledge of the contents of the student's records.

 The employee has an administrative duty that requires information contained in the student's records.

The school official is engaged in a disciplinary proceeding that requires disclosure of all or part of the student's records in order to come to a just conclusion. (Or criteria can be defined by school district)

 

The district and/or school shall use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom they disclose education records.  The district and its schools may use PINS, passwords, personal security questions, “smart cards” and tokens, biometric indicators, or other factors known or possessed only by the user, as appropriate. Identification means determining who is the intended or authorized recipient of the information.  Authentication means ensuring that the recipient is who he/she claims to be.

Challenging Contents of Records

 Following an inspection and review of a student’s records the parent or guardian of the student or former student may challenge the content of any student record.

 

 The parent or eligible student may file a written request with the Superintendent of Schools to correct or remove any information recorded in the written records concerning the parent’s child which the parent alleges to be:

 

Inaccurate, misleading or in violation of the student’s rights of privacy.

An unsubstantiated personal conclusion or inference.

 

R5125(q)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

A conclusion or inference outside of the observer’s area of competence.

Not based on the personal observation of a named person with the time and place of the observation noted.

 

Within 30 days of receipt of such request, the Superintendent or designee shall meet with the parent or guardian and the certified employee who recorded the information in question, if any, and if such employee is presently employed by the school district.

 

 The information shall be corrected or removed if the Superintendent sustains any or all of the allegations.

 

If the Superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent or guardian may, within 30 days of the refusal, appeal the decision in writing to the Board of Education.

 

Within 30 days of receipt of such an appeal, the Board of Education shall, in closed session with the parent or guardian and the certified employee who recorded the information in question, if any, and if such employee is presently employed by the district, determine whether or not to sustain or deny the allegations.  The decision of the Board of Education shall be final.

If the Board of Education sustains any or all of the allegations, it shall order the Superintendent to immediately correct or remove and destroy the information from the student’s written records.

Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the Board of Education unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period.

 If the final decision of the Board of Education is unfavorable to the parent or guardian, or if the parent or guardian accepts an unfavorable decision by the Superintendent, the parent or guardian shall have the right to submit a written statement of his/her objections to the information.  This statement shall become a part of the student’s school record until such time as the information objected to is corrected or removed.

 

R5125(r)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

Hearing Panel

Either the Superintendent of Schools or the Board of Education may convene a hearing panel upon written request of a parent or eligible student. The hearing shall be provided to afford the opportunity to challenge the content of a student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or otherwise in violation of the privacy rights of the students. The hearing panel shall be composed of the following persons, provided the parent has given written consent to release information from the relevant student’s records to the members of the panel so convened, to assist in making determinations;

The principal of a public school other than the one at which the record is on file.

 A certified employee appointed by the parent or guardian.

 A parent appointed by the Superintendent or by the Board of Education, depending upon who convenes the panel.

Alternate: The hearing will be conducted by a person or persons appointed by the Superintendent of Schools. This person(s) shall be knowledgeable of the policies relating to confidentiality and shall not have a direct interest in the outcome of the hearing.

The persons appointed pursuant to the above paragraph, if possible, shall not be acquainted with the student, his/her parent or guardian, or the certified employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph a (2) above.

The Principal appointed to the hearing panel shall serve as Chairperson.

 The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certified employee who recorded the information in question, if any, and if such employee is currently employed by the school system.  The parent or eligible student and the school system shall have the right to be represented by person(s) of their choosing at their own expense, to cross examine witnesses, to present evidence and to receive a written decision of the hearing.

The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy.

Written findings shall be made setting forth the facts and decisions of the panel, and such findings within a reasonable period of time after the hearing shall be forwarded to the Superintendent or the Board of Education, depending upon who convened the panel.

 

R5125(s)

Students

Student Records; Confidentiality

Challenging Contents of Records (continued)

 If, after the hearing, the District does not make the requested change, the parent or eligible student shall be informed of his/her right to place a statement on the record commenting on the information or stating why he/she disagrees with the record. Whenever the District discloses the record to third parties, any such statement by the parent or eligible students must also be disclosed. (34 C.F.R. §99.21)

The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities.

Whenever there is included in any student record information concerning any disciplinary action taken by school system personnel in connection with the student, the student’s parent or guardian may include in such student’s record a written statement or response concerning the disciplinary action.

 

Directory Information

The following student information is declared to be directory information:

Name

Address

Telephone number

Date and place of birth

Major field of study

Participation in officially recognized activities and sports

 Weight and height of members of athletic teams

Dates of attendance

E-mail address

Parent’s name/e-mail address

 Degrees and awards received, including honor roll publication

Most recent previous public or private school attended by the student

            Note:   FERPA regulations prohibits the use of a Social Security Number (SSN) as an identification element when disclosing or confirming directory information unless the student has provided written consent for the disclosure.

Directory information may be released to the following:

 Federal, state and local governmental agencies

Representatives of the news media, including but not limited to newspapers, magazines and radio and television stations

 Employers or prospective employers

R5125(t)

 

Students

Student Records; Confidentiality

Directory Information (continued)

Nonprofit youth organizations

Military recruiters or institutions of higher learning that have requested the names, addresses, and telephone numbers of secondary school students unless parental consent is denied.

Subject to the provisions of C.G.S. 119(b11), high schools shall provide the same directory information and oncampus recruiting opportunities to military recruiters as are offered to nonmilitary recruiters or commercial concerns. (cf. 5145.14 OnCampus Recruitment).

No information may be released to a private profitmaking entity other than employers, prospective employers and representatives of the news media.

The names and addresses of students enrolled in grade 12 or who have terminated enrollment prior to graduation may be provided, in accordance with the terms of the law, to a private school or college cooperating under state law.

The custodian of records will normally limit or deny the release of specific categories of directory information unless he determines that such release is required by law or is in the best interests of students.

Notice shall be given annually of the categories of information which the school district plans to release and of the recipients.

The school shall allow a reasonable period of time after such notice has been given for a parent or guardian to inform the custodian of student records that any or all of the information designated should not be released without the parent's or guardian's prior consent.

No directory information shall be released regarding any student when a parent or guardian has notified the school that such information shall not be released.

Disclosure of directory information on former students is permitted without providing notice or additional opt-out opportunities.  A former student’s opt-out provided while he/she was a student in the district must continue to be honored unless specifically rescinded by the former student.

Opt-out from directory information does not prevent a school from identifying a student by name or from disclosing an electronic identifier or instructional e-mail address in the classroom.  A student does not have the right to remain anonymous in class and an opt-out may not be used to impede routine classroom communications and interactions, whether the class is held in a specified physical location or online through electronic communications.

 

R5125(u)

Students

Student Records; Confidentiality

Directory Information (continued)

Note:  A district may adopt and implement a limited directory information policy that allows for the disclosure of directory information to specific parties, for specific purposes, or both. Such a policy must be specified in the public notice to parents/guardians and eligible students. The District must then limit directory information disclosures to those specified in the public notice.

Alternate: Limited Disclosure of Directory Information

The District limits its disclosure of directory information to the following, without prior written consent of parent/guardian or eligible student unless the District has been advised to the contrary:

 

Military recruiters or institutions of higher learning. Such disclosure is limited to the student’s name, address and telephone listing.

Companies that manufacture class rings.

Companies that publish yearbooks.

4.      Playbills showing a student’s role in a drama or vocal production.

5.      Honor roll or other recognition lists.

6.      Graduation programs.

7.      Sports activity sheets.

Other:__________________________________________

 

Access Log

 

1.         A log or record shall be maintained for each student's record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate educational interests.

 

2.         Such listing need not include the following:

 

            A.        Parents or students to whom access is granted.

            B.        Parties to whom directory information is released.

            C.        Parties for whom written consent has been executed by the parent or guardian.

            D.        School officials or employees having a legitimate educational interest.

 

3.         The log or record shall be open to inspection only by a parent or guardian and the custodian of student records, or the custodian’s designee, and to other school officials with legitimate interests in the records, and to the Comptroller General of the United States, the Secretary of the Office of Education, an administrative head of an education agency as defined in 20 U.S.C. 1232g., and state educational authorities as a means of auditing the school system’s operations.

 

R5125(v)

Students

Student Records; Confidentiality (continued)

Fee for Reproducing Records

1.         A fee based upon the actual cost of reproduction, handling and postage (if any) shall be charged for furnishing copies of any student record.

 

2.         The custodian of student records annually shall recommend a fee schedule for approval by the Board of Education.

 

3.         No fee shall

 

            A.        effectively prevent the parents or guardians from exercising their right to inspect and review student records.

            B.        be charged for searching or retrieving a student’s record.

            C.        be made for furnishing

                        (1)        up to two transcripts of former student’s records.

                        (2)        up to two verifications of various records of former students.

 

Transfer of Student Records

 

1.         Whenever a student transfers to another Connecticut public school district or to a charter school, the following student records shall be forwarded upon written notification of the student’s enrollment from the other district:

 

            A.        The student’s Mandatory Permanent Student Record or a copy thereof. The original or a copy shall be retained by this district.

            B.        The student’s entire Mandatory Interim Student Record.

 

2.         The student’s records shall be transferred to the new school district or charter school no later than 10 days after receipt of such notification.

3.         Whenever a student transfers to a school district in another state or to a private school, the district shall transfer the student’s Mandatory Permanent Student Record upon receipt of a written request.

4.         Permitted student records may be forwarded.

5.         Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or the student’s parents or guardian.

6.         All student records shall be updated prior to transfer.

 

R5125(w)

Students

Student Records; Confidentiality

Transfer of Student Records (continued)

7.         Parent Notification

 

A.        If a student’s parent or guardian did not give authorization for the transfer of such records, the district shall send notification of the transfer to the parent/guardian at the same time it transfers the records.

            B.        If the transfer is a within-state transfer, the receiving school shall notify the parents of the record transfer.

            C.        If the student transfers out of state, the custodian of student records shall notify the parents or guardian at their last known address of the rights accorded them. (34 C.F.R. 99.34 disclosure to other agencies or institutions)

            D.        The notification shall include a statement of the parent’s or guardian’s right to review, challenge, and receive a copy of the student record, if desired.

 

Expungement of Records Pertaining to Suspension and/or Expulsion

 

1.         Suspension

 

             Notice of the suspension shall be recorded in the student’s cumulative educational record. Such notice shall be expunged from the cumulative educational record if the student graduates from high school. In cases where the student’s period of suspension is shortened or waived as permitted by Statute, the administration may choose to expunge the suspension notice from the cumulative record at the time the student completes the administration-specified program and meets any other conditions required by the administration.

             If the student has not previously been suspended or expelled, and the administration chooses to expunge the suspension notice from the student’s cumulative recorded prior to graduation, the administration may refer to the existence of the expunged disciplinary notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspensions or expulsions by the student would constitute the student’s first such offense.

 

R5125(x)

Students

Student Records; Confidentiality

Expungement of Records Pertaining to Suspension and/or Expulsion (continued)

2.         Notice of Student Expulsion on Cumulative Record

             Notice of 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 based upon possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the Board if the student graduates from high school.

             In cases where the student’s period of expulsion is shortened or waived as permitted by Statute, the Board may choose to expunge the expulsion notice from the cumulative record at the time the student completes the Board-specified program and meets any other conditions required by the Board.

             If the student has not previously been suspended or expelled, and the administration chooses to expunge the expulsion notice from the student’s cumulative record prior to graduation, the administration may refer to the existence of the expunged notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspension or expulsion by the student would constitute the student’s first such offense.

Retention and Destruction of Student Records

1.         No additions, except routine updating, shall be made to a student’s record after high school graduation or permanent departure without the parent’s or guardian’s prior consent for those students who have not reached the age of eighteen years.  Adult students may give consent for themselves.

2.         The guide to disposal of municipal records in Connecticut is found in Connecticut General Statutes Section 7109. For disposal of education records, see Schedule V of “Records Retention Schedules 1982” (Revised 1983) published by the Public Records Administration, Connecticut State Library, Hartford, Connecticut.

3.         The method of destruction shall assure that records are not available to possible public inspection during the destruction process.

 

Subpoenaed Records

If the school is served with a subpoena issued by competent authority directing the production of school or student records in connection with any court proceeding, the school upon which such subpoena is served may deliver such record, or at its option a copy thereof, to the clerk of such court.  Such clerk shall give a receipt for the same and shall be responsible for the safekeeping of such records, not permitting the removal of such records from the premises of the court.  The clerk shall notify the school to call for the subpoenaed record when it is no longer needed for use in court.  Any such record so delivered to the clerk of the court shall be sealed in an envelope which shall indicate the name of the school or student, the name of the attorney subpoenaing the same and the title of the case referred to in the subpoena.

 

R5125(y)

Students

Student Records; Confidentiality

Subpoenaed Records  (continued)

No such record or copy shall be open to inspection by any person except upon the order of a judge of the court concerned, and any such record or copy shall at all times be subject to the order of such judge.

Any and all parts of any such record or copy, if not otherwise inadmissible, shall be admitted in evidence without any preliminary testimony, if there is attached thereto the certification in affidavit form of the person in charge of such record indicating that such record or copy is the original record or copy thereof, made in the regular course of such business to make such record and that it was the regular course of such business to make such record at the time of the transactions, occurrences or events recorded therein or within a reasonable time thereafter.

A subpoena directing production of such school or student records shall be served not less than eighteen (18) hours before the time for production, provided such subpoena shall be valid if served less than eighteen (18) hours before the time of production if written notice of intent to serve such subpoena has been delivered to the person in charge of such records not less than eighteen hours (18) nor more than two weeks before such time for production.

Notification of Parents

1.         Parents shall be notified in writing of their rights under this regulation upon the date of the student's initial enrollment, and annually thereafter of students current attendance at the same time as notice is issued.  The notice shall be in a form which reasonably notifies parents of the availability of the following specific information:

            A.        The type of student records and information contained therein which are directly related to students and maintained by the school system.

            B.        The position of the person responsible for the maintenance of each type of record.

            C.        The location of the log or record required to be maintained.

            D.        The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest.”

            E.         The policies of the school district for reviewing and expunging student records, including the right to inspect and review the student’s education records within 45 days of the day the school district receives a request.  If circumstances effectively present the parent or eligible student from exercising the right to inspect and review the student’s education records, the district shall provide a copy of the records requested or make other arrangements for the inspection or review of the requested records.

            F.         The right of the parent or guardian to access (inspect and review) to student records.

R5125(z)

 

Students

Student Records; Confidentiality

Notification of Parents

            G.        The right to request the amendment of student education records that the parent or eligible student believes are inaccurate or misleading.

            H.        The procedures for challenging the content of student records.

            I.          The policy that no fee will be charged for up to two copies of a record.

            J.          The categories of information which the school district has designated as directory information and that pursuant to federal law, military recruiters and institutions of higher learning may request and receive names, addresses and telephone numbers of all high school students, unless their parents/guardians notify the school, in writing, not to release this information.

            K.        The right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school system to comply with the provisions of Section 438 of the Federal Education Provisions Act (20 U.S.C.A. 1232g).

            L.         The right of a parent or eligible student to a hearing regarding the request for amendment of the record if denied by the district.

            M.        The right to consent to disclosures of personally identifiable information contained in the student education record, except to the extent that FERPA authorizes disclosure without consent.

 

Issue/Practice of Peer Grading

 

The definition of “education records” excludes grades on peer-graded papers before they are collected and recorded by a teacher.  Peer-grading does not violate FERPA.

 

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 guardian to student's records.

10-94i Rights and liabilities of surrogate parents.

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

10-209 Records not to be public.

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

 

R5125(aa)

Students

Student Records; Confidentiality

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.

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)

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

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

P.L. 112-278 “The Uninterrupted Scholars Act”

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

 

FORM #1

 

 

                                       NOTIFICATION OF RIGHTS UNDER FERPA

                                                WINCHESTER PUBLIC SCHOOLS

                                                             Winsted, Connecticut

Dear Parent or Student:

 

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

 

1.         The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access.

 

            Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect.  The principal/school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

 

2.         The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

 

            Parents or eligible students may ask the District to amend a record that they believe is inaccurate.  They should write the school principal or appropriate school official, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading, or otherwise violates the student’s privacy rights.

 

            If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

 

3.         The right to provide written consent before District disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

 

 

5125

FORM #1

(continued)

 

 NOTIFICATION OF RIGHTS UNDER FERPA

One exception which permits disclosure without consent is disclosure to school officials, including teachers within the District, with legitimate educational interests.  A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); or a person serving on the Board of Education.  A school official may also include a volunteer or contractor outside of the District who performs an institutional service or function for which the District would otherwise use its own employees and who is under the direct control of the District with respect to the use and maintenance of personally identifiable information from education records.  This includes a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); a parent of student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks.  A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

Contractors, consultants, volunteers, and other parties to whom a school has out sourced services or functions are considered “school officials” who may have access to student records, without consent, subject to following conditions:

●                   The party is under the direct control of the school.

●                   The party is subject to the same conditions governing the use and redisclosure of education records applicable to other school officials.

●                   The contractor must ensure that only individuals with legitimate educational interests, as determined by the district or school, obtain access to the education records. The contractor may not redisclosure personally identifiable information without consent unless the District or school has authorized the redisclosure under a FERPA exception and the district or school records the subsequent disclosure.

Upon request, the District will disclose a student’s education record without consent to officials of another school district or charter school or institution of postsecondary education in which the student seeks or intends to enroll or where the student is already enrolled, if the disclosure is for purposes related to the student’s enrollment or transfer.  (Note:  FERPA requires a school district to make a reasonable attempt to notify the student of the records request unless it states in its annual notification that it intends to forward records on request.)

4.         The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA.  The name and address of the office that administers FERPA is:

Office of the Chief Privacy Officer (OCPO)

U.S. Department of Education

400 Maryland Avenue

SW Washington DC  20202-4605

5125

FORM #1

(continued)

 

                                       NOTIFICATION OF RIGHTS UNDER FERPA

Note:   In addition, a school may want to include its directory notice as required by FERPA regulations with its annual notification of rights under FERPA.  Such a notice is provided in item #5.  Be sure that which is listed as “Directory Information” in this notification agrees with what the district has designated as “Directory Information.”

5.                  The District has determined that the following information regarding the District’s students is not harmful or an invasion of privacy, and therefore will release this information without first obtaining parental consent. If a parent, guardian, person acting as a student’s parent in the absence of a parent or guardian, or the student (if 18 or older), does not want the District to release the information listed below, they must notify the District in writing within two weeks of receiving this notice of the information they do not want released.

 

The following information may be released without obtaining parental consent:

Student’s name, parent’s name, address, telephone number, electronic mail address, date and place of birth, grade level, major field of study, enrollment status (full-time or part-time), participation in officially recognized activities and sports including audiovisual or photographic records of the openly visible, activities thereof (e.g. artistic performances sporting contests, assemblies, service projects, awards ceremonies, etc.), weight and height of members of athletic teams, dates of attendance, degrees, honors and awards received, most recent previous school attended and photographs of regular school activities that do not disclose specific academic information about the child and/or would not be considered harmful or an invasion of privacy.

A student’s ID number or otherwise unique personal identifier 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 authenticates the user’s identity, such as a PIN, password, or other factors known only to the authorized user.

6.                  Pursuant to federal law, military recruiters and institutions of higher learning may request and receive the names, addresses and telephone numbers of all high school students, unless their parents or guardians notify the school not to release this information. Please notify the District in writing if you do not want this information released.

7.                  Personally identifiable information in the student’s records may be released to authorized representatives of the Attorney General of the United States, the U.S. Secretary of Education, or State and local educational authorities such as the Connecticut Department of Education in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs, and to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.

 

5125

FORM #1

(continued)

 

                                       NOTIFICATION OF RIGHTS UNDER FERPA

8.                  Schools may release information received under a community notification program concerning a student who is required to register as a sex offender in the State, with consent.

9.                  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent/guardian or eligible student, FERPA regulations require the District to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures.

 

10.              Information may be disclosed from the education records of a student without obtaining prior written consent of the parents or the eligible student in the following situations:

a.                   In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.

b.                  To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released.

c.                   To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.

d.      To accrediting organizations to carry out their accrediting functions.

e.                   To parents of an eligible student if the student is a dependent for IRS tax purposes.

f.        To comply with a judicial order or lawfully issued subpoena.

g.      To appropriate officials in connection with a health or safety emergency.

h.      Information the school has designated as “directory information.”

i.                    To child welfare agencies, or tribal organizations that are legally responsible for the care and protection of students, including the educational stability of children in foster care.

 

 

5125

FORM #2

 

NOTIFICATION OF RELEASE OF STUDENT RECORDS

PURSUANT TO COURT ORDER OR SUBPOENA

Winchester Public Schools

Winsted, Connecticut

TO:                                                                                

Parent - Student:                                                           

Address:

The purpose of this notice is to notify you that on                     (date), the                                Winchester Public Schools released the following documents:

 

from your child's (your own) student records to:

 

pursuant to a court order or subpoena, a copy of which is attached hereto.

 

 

DATED:       

 

Note:   When a parent is a party to a court proceeding involving child abuse or neglect, or dependency matters, and a judicial order is issued in the context of that proceeding, or pursuant to a lawfully issued subpoena, additional notice to the parent by the educational agency or institution is not required pertaining to the disclosure of the records.

 

 

5125

FORM #3

 

APPLICATION TO REVIEW STUDENT'S RECORDS

AND CONSENT THERETO BY PARENT OR STUDENT

 

Winchester Public Schools

Winsted, Connecticut

 

 

  I,                           have hereby requested access to                                                     following reasons:

Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student) 

 

DATED:    

 

CONSENT

 

I hereby consent that                                            have access to my child's (to my) records with the understanding that such records will not be released by him/her to other persons without my further consent.

 

 

DATED:

 

 

5125

FORM #4

 

APPLICATION TO REVIEW STUDENT'S RECORDS

BY PARTIES ENTITLED THERETO

WITHOUT CONSENT BY PARENT OR STUDENT

 

Winchester Public Schools

Winsted, Connecticut

 

 

I,                                                have hereby requested access to                                        

records for the following reasons:

Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student) 

 

DATED:      

 

 

5125

Form #5

 

WINCHESTER PUBLIC SCHOOLS

Winsted, Connecticut

 

RELEASE OF CONFIDENTIAL HIV-RELATED INFORMATION

 

I hereby authorize _________________________________________ to release

 [name of individual who holds the information]

confidential HIV-related information, as defined in Connecticut General Statute §19a-581, concerning ________________________________________ to the following personnel:

  [name of protected individual]

            1.         School Nurse

            2.         School Administrator(s)

                        a.__________________________________

                        b.__________________________________

 

            3.         Student’s Teacher(s)

                        a.___________________________________

                        b.___________________________________

 

            4.         Paraprofessional(s)

            5.         Director of Pupil Personnel Services

            6.         Other(s)

                        a.____________________________________

                        b.____________________________________

 

This authorization shall be valid for:

 

1.  ☐The student’s stay at ____________________________ School

2.   ☐The current school year

3.   ☐Other ____________________________ (specify period)

I provide this information based on my responsibility to consent for the health care of __________________________________________. I understand that such information shall be held confidential by the persons authorized here to receive such information, except as otherwise provided by law.

 

____________________________________
Name

 

____________________________________
Relationship to Student

 

____________________________________
Date

5125.11 Health / Medical Records

BOARD OF EDUCATION POLICY REGARDING
Health / Medical Records
Policy # 5125.11
Adopted: 12/12/2017
Supersedes/Amends: New

Health / Medical Records

When applicable, District schools will comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to maintain the privacy of protected health information that it receives, obtains, transmits or sends. The Board of Education designates the Director of Support Services as its HIPAA Privacy Officer.

Student education records, including personally identifiable health information, maintained by the District is subject to and protected by the Family Educational Rights and Privacy Act (FERPA). Both the United States Department of Health and Human Services and the United States Department of Education Family Policy Compliance Office have stated that student records under FERPA are not subject to HIPAA. Therefore, District schools will comply with FERPA’s confidentiality provisions rather than HIPAA’s.

The District will seek Medicaid eligibility information to determine if services to a student may be billed. Bills will be processed electronically for Medicaid reimbursement for qualified services to eligible special education students. The District will comply with HIPAA’s electronic transactions requirements. Procedures and safeguards will be developed to protect the privacy of health information and prevent wrongful user and disclosure. At a minimum, the policy and procedure for student records will comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) with assurances that the District has obtained authorization from the parent or adult student prior to the release of protected health information for the purpose of Medicaid billing. Individuals involved in the Medicaid billing process for the District shall be trained on the privacy procedures. Discipline shall be imposed, up to and including discharge, for staff that wrongfully uses or discloses protected health information.

 (cf. 3231 – Medical Reimbursement for Special Education Students)

(cf. 5125 – Student Records; Confidentiality)

 Legal Reference:         Connecticut General Statutes

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

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

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

10-209 Records not to be public

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

Connecticut Public Records Administration Schedule V  Disposition of Education Records

(Revised 1983).

 

Health / Medical Records
 

Legal References:

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.

 USA Patriot Act of 2001, PL 107-56, 115 Stat. 272, Sec 507, 18 U.S.C. §2332b(g)(5)(B) and 233

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

65 Fed. Reg. 50312-50372

65 Fed. Reg. 92462-82829

63 Fed. Reg. 43242-4328

67 Fed. Reg. 53182-53273

 

  

5125.11

Form #1

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

 

Patient/Student Name: ________________________ Date of Birth: _____________________

 

I hereby authorize __________________________________________________ [insert health care provider name, address and telephone] to release my/my child’s health information/records for the purpose listed below to:

Superintendent of Schools
Winchester Public Schools
338 Main Street
PO Box 648
Winsted, CT 06098
860-379-0706

Description:

The information to be disclosed consists of:                                                                                          

                                                                                                                                                           

                                                                                                                                                           

 

Purpose:

This information will be used for the following purpose(s):                                                                    

                                                                                                                                                           

                                                                                                                                                           

Authorization

This authorization is valid for one calendar year.  It will expire on _____________.  I understand that I may revoke this authorization at any time by submitting written notice of the withdrawal of my consent.  I recognize that these records, once received by the school district, may not be protected by the HIPAA Privacy Rule, but will become education records protected by the Family Educational Rights and Privacy Act.  I also understand that if I refuse to sign, such refusal will not interfere with my child’s ability to obtain health care.

____________________________________________   ________________________

Parent Signature                                                                                   Date

____________________________________________   ________________________

Student Signature*                                                                               Date

 

*If a minor student is authorized to consent to health care without parental consent under federal or state law, only the student shall sign this authorization form.  In Connecticut, a competent minor, depending on age, can consent to outpatient mental health care, alcohol and drug abuse treatment, testing for HIV/AIDS, and reproductive health care services.

 

Copies:            Parent or student*

                        Physician or other health care provider releasing the protected health information

                        School official requesting/receiving the protected health information

 

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5125.11

Form #2

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

 

 

Patient/Student Name: _______________________ Date of Birth: __________________     

 

I hereby authorize __________________________________________________ [insert health care provider name, address and telephone] to release my/my child’s health information/records for the purpose listed below to:

Superintendent of Schools
Winchester Public Schools
338 Main Street
PO Box 648
Winsted, CT 06098
860-379-0706

Description:  The information to be disclosed consists of:

Sample: Physical Health Assessment and Immunization Record required by Connecticut General Statues (CGS) 10-206 (mandated health assessment for school entry, grade 6 or 7, grade 10 or 11); and CGS 10-204 (required immunizations for school attendance).

 

Purpose:  This information will be used for the following purpose(s):

Sample: This information is needed to ensure school entry and continued attendance and to promote safety in the school setting for the student and the school community.

 

Authorization

This authorization is valid for one calendar year.  It will expire on _____________.  I understand that I may revoke this authorization at any time by submitting written notice of the withdrawal of my consent.  I recognize that these records, once received by the school district, may not be protected by the HIPAA Privacy Rule, but will become education records protected by the Family Educational Rights and Privacy Act.  I also understand that if I refuse to sign, such refusal will not interfere with my child’s ability to obtain health care.

____________________________________________   ________________________

Parent Signature                                                                                   Date

____________________________________________   ________________________

Student Signature*                                                                               Date

 

*If a minor student is authorized to consent to health care without parental consent under federal or state law, only the student shall sign this authorization form.  In Connecticut, a competent minor, depending on age, can consent to outpatient mental health care, alcohol and drug abuse treatment, testing for HIV/AIDS, and reproductive health care services.

 

Copies:            Parent or student*

                        Physician or other health care provider releasing the protected health information

                        School official requesting/receiving the protected health information

 

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5125.11

Form #3

HIPAA-COMPLIANT AUTHORIZATION FOR

RELEASE OF HEALTH INFORMATION

 

Patient/Student Name: ___________________________ Date of Birth:____________________  

 

I hereby authorize __________________________________________________ [insert health care provider name, and title] and _________________________________ Superintendent of Schools to exchange health and education information/records for the purpose listed below.

Winchester Public Schools
338 Main Street – PO Box 648
Winsted, CT 06098
 

Address and telephone of health care provider
____________________________________

____________________________________

 

 

Description:

The health information to be disclosed consists of:                                                                                 

 

                                                                                                                                                           

 

The education information to disclosed consists of:                                                                                

 

                                                                                                                                                           

 

Purpose:  This information will be used for the following purpose(s):

 

  1. Educational evaluation and program planning
  2. Health assessment and planning for health care services and treatment in school
  3. Medical evaluation and treatment
  4. Other:

Authorization

This authorization is valid for one calendar year.  It will expire on _____________ .I understand that I may revoke this authorization at any time by submitting written notice of the withdrawal of my consent.  I recognize that these records, once received by the school district, may not be protected by the HIPAA Privacy Rule, but will become education records protected by the Family Educational Rights and Privacy Act.  I also understand that if I refuse to sign, such refusal will not interfere with my child’s ability to obtain health care.

____________________________________________   ________________________

Parent Signature                                                                                   Date

____________________________________________   ________________________

Student Signature*                                                                               Date

 

*If a minor student is authorized to consent to health care without parental consent under federal or state law, only the student shall sign this authorization form.  In Connecticut, a competent minor, depending on age, can consent to outpatient mental health care, alcohol and drug abuse treatment, testing for HIV/AIDS, and reproductive health care services.

 

Copies:            Parent or student*

                        Physician or other health care provider releasing the protected health information

                        School official requesting/receiving the protected health information

 

Developed collaboratively with CT State Department of Education &

CT Chapter, American Academy of Pediatrics

5126 Awards for Achievement

Awards for Achievement
Policy #5126
Adopted: 1/11/96
Supersedes / Amends: 

 

 

 

The board of education encourages the professional staff to maintain a set of criteria and procedures for presenting letters or other suitable awards to students for scholarship and distinguished service in any school activity.  In all cases, the relationship between the award and the relevant goal or goals should be indicated.

The professional staff is authorized to review and approve, or reject, proposed trophies, prizes, scholarships, or other awards from non-school donors.  Acceptance will require affirmative answers to at least the following questions:

  1. Can the proposed award be considered free from motives of personal or corporate gain and publicity?
  2. Are the criteria for making the award under the control of the professional staff or acceptable to the staff?
  3. Are the purposes, either implied or explicit, of the proposed award consistent with the school’s goals?

An example of the awards for achievement are Batcheller prizes.  These cash prizes are awarded each year for scholastic excellence in certain subjects to the three highest ranking boys and girls in grades 4-8.  The money for these prizes comes from the Town and from the interest from the Batcheller fund.

5131..111 Video Surveillance

Video Surveillance 
Policy # 5131.111
Adopted:  6/11/13
Supersedes / Amends:

 

 

 

The Board of Education recognizes the district's responsibility to maintain order, discipline, safety and security on school property and i school vehicles. The Board also desires to afford students and staff privacy in respect to the records maintained by the district. The Board recognizes that there may be a value in 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, control building access, and that a certain amount of restraint upon the activities of students and building visitors 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, discipline, safety and security finds that it may be 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 V.S.C. sec.
http://policy.cabe.org/cabe/lpext.dlllInfobase/heading%2020021 7 .htm/headin... 6/312013

5131.111 Student Conduct / Video Surveillance

Student Conduct / Video Surveillance 
Policy # 5131.111
Adopted: 6/11/13
Supersedes / Amends:

 

 

 

The Board of Education recognizes the district's responsibility to maintain order, discipline, safety and security on school property and school vehicles. The Board also desires to afford students and staff privacy in respect to the records maintained by the district. The Board recognizes that there may be a value in 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, control building access, and that a certain amount of restraint upon the activities of students and building visitors is assumed and expected.

The Board of Education  carefully weighed and balanced the rights of privacy of students and staff against the district's duty to maintain order, discipline, safety and security finds that it may be 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 V.S.C. sec.
http://policy.cabe.org/cabe/lpext.dlllInfobase/heading%2020021 7 .htm/headin... 6/312013

5131.21 Student Conduct

Student Conduct 
Policy # 5131.21
Adopted:  12/8/98
Supersedes / Amends:  5131

 

 

 

Violent and Aggressive Behavior

The Board of Education recognizes that there are certain behaviors that, if tolerated, would quickly destroy the type of learning environment to which the students and staff are entitled within this school system. These behaviors, categorized as violent and aggressive, will not be tolerated and shall result in immediate action by the school system.

All acts of violence and aggression, including, but not limited to, terroristic acts and/or threats, shall result in specific consequences, determined by the seriousness of the act, including suspension from school and consideration of expulsion from school by the Board of Education for acts of a serious or chronic nature.

Acts of violence and aggression must be well‑documented and communicated to the school principal or his/her designee. The Superintendent of Schools is to be notified immediately of all acts pertaining to possession, threat with, or use of a weapon; physical assaults; stalking; and terroristic threats or acts. The Board of Education will be informed and involved where deemed necessary by the Superintendent or where required by law. The immediate involvement of the parent(s) or guardians(s) is viewed as essential.

Serious consideration is to be given to the involvement of appropriate law enforcement agencies and other agencies in such cases. The police shall be involved if there is any violation of the law.

The following behaviors are defined as violent and aggressive.

Possession, Threat With, or Use of a Weapon or Dangerous Instrument

Weapon or Dangerous Instrument includes, but is not limited to, any pistol, revolver, rifle, shotgun, air gun or spring gun; slingshot; bludgeon; brass knuckles or artificial knuckles of any kind; knives, any knife the blades of which can be opened by a flick of a button or pressure on the handle, or any pocket knife where the blade is carried in a partially opened position; martial arts weapon; destructive device; or facsimiles of firearms.

Alternative language to consider: Firearms, weapons, and dangerous instruments shall include those defined by law. (1 8U. S. C 921, C G. S. 53a‑3, and 53‑202 to 53‑206, and 29‑35)

Possession is defined as having a weapon or dangerous instrument on one's person, or in an area subject to one's control, in any school building on school grounds, in any school vehicle, or at any school‑sponsored activity. A student's conduct off school grounds that is seriously disruptive of the educational process and violative of the Board's publicized policies shall also be considered for disciplinary action by school officials under this policy. A student found to be in possession and/or use of a firearm or dangerous weapon as defined above shall be subject to expulsion of one calendar year.

Note: A student who finds a firearm, weapon or dangerous instrument and immediately advises a teacher or other adult, shall not be considered in possession of such device. Students who find firearms, weapons or dangerous instruments are advised to seek adult assistance and are advised not to touch the weapon.

Physical Assault

Physical assault is the act of striking or touching a person or that person's property with a part of the anatomy or any object, with the intent of causing hurt or harm.

Verbal Abuse

Verbal abuse shall include but is not limited to swearing, screaming, obscene gestures or threats when directed, either orally, including the telephone or in writing at an individual, his/her family or a group.

Intimidation

Intimidation is an act intended to frighten or coerce someone into submission or obedience.

Extortion

Extortion is the use of verbal or physical coercion in order to obtain financial or material gain from others.

Bullying

Bullying is the use of physical or verbal coercion to obtain control over others or to be habitually cruel to others who are assumed to be weaker.

Gangs

Gangs are groups of youths who share common beliefs, attitudes, and attire and exhibit unlawful and anti‑social behavior.

Terroristic Threats

Terroristic threat is a threat to commit violence communicated with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience, in reckless disregard of the risk causing such terror or inconvenience.

Terroristic Act

Terroristic act is an offense against property or involving danger to another person or persons.

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to, insulting or degrading sexual remarks or conduct; threats or suggestions that a student's or staff member's submission to or rejection of unwelcome conduct will in any way influence a decision regarding that student or staff member; or conduct of a sexual nature which substantially interferes with a student's learning; or staff member's performance of duties, or creates an intimidating, hostile or offensive learning or working environment, such as the display in the educational setting of sexually suggestive objects or pictures.

Stalking

Stalking is the persistent following, contacting, watching or any other such threatening actions that compromise the peace of mind or the personal safety of the individual.

Defiance

Defiance is the act or instance of defying or opposing; insubordination.

Racial Slurs

Racial slurs are insulting, disparaging or derogatory comments made directly or by innuendo regarding a person's racial origin.

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

(cf. 5130 ‑ Student Conduct)

(cf. 5131.7 ‑ Weapons and Dangerous Instruments)

(cf. 5141.5 ‑ Crisis Management)

(cf. 5141.6 ‑ Safety)

(cf. 5144 ‑ Discipline/Punishment)

(cf. 5144.2 ‑ Use of Physical Force)

(cf. 5144.3 ‑ Discipline of Students with Disabilities)

(cf. 5145.12 ‑ Search and Seizure)

(cf. 5145.5 ‑ Sexual Harassment)

Legal Reference:     Connecticut General Statutes

4‑176e through 4‑180a. Contested Cases. Notice. Record.

10‑233a through 10‑233f. Suspension, removal and expulsion of students, as amended by PA 95‑304 and PA 96‑244.

46a‑60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20.

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.

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

18 U.S.C. 921 Definitions.

Title III ‑ Amendments to the Individuals with Disabilities Education Act.

Sec. 314 (Local Control Over Violence).

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

PL 105‑17 The Individuals with Disabilities Act, Amendment of 1997.

Civil Rights Act of 1964, Title VII, 42 U.S.C.

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, CFR Section 106 Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986).

5131.911 Bullying Hazing

Bullying Hazing 
Policy # 5131.911
Amended:  11/19/13
Supersedes / Amends: 5131 dated 09/10/02, 08/12/08 and 02/08/2011  

 

 

 

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 environment in which students and adults feel socially, emotionally, intellectually and physically safe; an environment that is free of harassment, intimidation and bullying.

Definitions

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

A. causes physical or emotional harm to such student or damage to such student's property,

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

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

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

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

Bullying shall include, but not be limited to, a written, oral, or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics. (The student against whom the activity is directed must be attending school in the same district as the students engaged in the activity.

"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.

"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, photo electronic or photo-optical system.

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

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

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

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

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 ("cyber bullying")
  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.

The District's program: (Also outlined in the section pertaining to the "Safe School Climate Plan.")

  1. Requires the development and implementation of a safe school climate plan by the Board of  education to address the existence of bullying in its schools;
  2. Permits anonymous reports of bullying by students to school employees and written reports of suspected bullying by parents or guardians;
  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;
  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, including language about bullying in student codes of conduct and in an 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. The notice shall be simultaneously mailed to the parent/guardian with whom the student primarily resides and to the other parent/guardian if requested. The notice must describe the school's response and any consequences that may result from further acts of bullying;
  9. Requires each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians of the student against whom such act was directed, to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the safety of the student against whom such act was directed and to prevent further acts of bullying;

10. Establishes a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and make such list publicly available; and report such number to the Department 01 Education and in such manner as prescribed by the Commissioner 01 Education;

11. 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;

12.Prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying;

13.Requires the development 01 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;

14.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;

15. 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;

16. Requires, at the beginning of each school year, for each school to provide all school employees with a written or electronic copy of the school district's safe school climate plan, and

17. Requires all school employees to annually complete the training required by C.G.S. 1O-220a, as amended. Such training shall include identifying and responding to bullying and preventing and responding to youth suicide;

18. Requires students and the parents/guardians of students to be noti1ied annually 01 the process by which they may make reports 01 bullying;

19. As required, but not later than January 1,2012, 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, and cooperative assistance; and

20. Requires that not later than thirty calendar days after approval by the Board, 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. The safe school climate specialist of each school is responsible for handling all complaints of alleged bullying. The safe climate specialist shall investigate or supervise the investigation of all reports of bully 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. 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. 1O-222d, as amended, a prevention and intervention strategy which may include, but is not limited to:

  1. Implementation of a positive behavioral intervention and supports process or evidence- based model approach for safe school climate or for the prevention of bullying identified by the Department of Education.
  2. School rules prohibiting bullying, 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 is likely to occur.
  4. Inclusion of grade-appropriate bullying education and prevention curricula in kindergarten through high school.
  5. Individual interventions with the bully, parents and school employees and interventions with the bullied child, 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 prevention through individual or team participation in meetings, trainings, and individual interventions.

District Safe School Climate Coordinator

For the school year commencing July 1, 2012, and each school year thereafter, 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 in District schools;
  3. Provide data and information derived from the safe school climate assessments, in collaboration with the Superintendent, to the Department of Education; and
  4. Meet with the safe school climate specialists at least twice during the school year to discuss bullying issues in the District and make recommended changes to the District's safe school climate plan.
  5. Successfully complete, for the school year commencing July 1,2014, 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

For the school year commencing July 1, 2012, and 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 01 reported acts of bullying in the school in accordance with the District's Safe School Climate Plan;
  2. Collect and maintain records of reports and investigations of bullying in the school; and
  3. Act as the primary school official responsible for preventing, identifying and responding to bullying reports in the school.

Safe School Climate Committee

For the school year commencing July 1, 2012, and each school year thereafter, the Principal 01 each District school shall establish a new committee or designate at least one existing committee that is responsible for developing and fostering a safe school climate and addressing issues related to bullying in the school. The committee must include at least one parent/guardian of a student enrolled in the school, appointed by the Principal.

The Safe School Climate Committee shall:

  1. Receive copies of completed reports following investigations of bullying;
  2. Identity and address patterns of bullying 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 (defined in Connecticut General Statutes 1O-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;
  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;
  7. Collaborate with the District Safe School Climate Coordinator in the collection of data regarding bullying; and
  8. Perform any other duties as determined by the School Principal that are related to the prevention, identification and response to school bullying for the school.

Parent 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

The Board of Education shall develop and implement a Safe School Climate Plan to address the existence of bullying in its schools. Such plan shall:

  1. Enable students to anonymously report acts of bullying to school employees and require students and the parents or guardians of students to be notified annually of the process by which they may make such reports;
  2. Enable the parents or guardians of students to file written reports of suspected bullying;
  3. Require 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 oral report;
  4. Require 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 reports made under this section;
  5. Require 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. Include a prevention and intervention strategy for school employees to deal with bullying;
  7. Provide for the inclusion of language in student codes of conduct concerning bullying;
  8. Require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed not later than forty-eight hours after the completion of the investigation. The required notification and invitation shall include a description of the response of school employees to such acts and any consequences that may result from the commission of further acts of bullying;
  9. Require each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians of the student against whom such act was directed, to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the student's safety and to prevent further acts of bullying;

10. Establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to maintain a list of the number of verified acts of bullying in such school and make such list available for public inspection, and annually report such number to the Department of Education, and in such manner as prescribed by the Commissioner of Education;

11. Direct the development of case- by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline;

12. Prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying;

13. Direct 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 student against further acts of bullying;

14. Require 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;

15. Prohibit 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 the Board or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board 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;

16. Require, at the beginning of each school year, each school to provide all school employees with a written or electronic copy of the school district's Safe School Climate Plan; and

17. Require that all school employees annually complete the training described in c.G.S. 10-220a, as amended.

Safe School Climate Assessment

The Board requires each school in the District, on and after July 1, 2012, and biennially thereafter, to complete an assessment using school climate assessment instruments, including surveys, approved and disseminated by the Department of Education pursuant to C.G.S. 1O-222h, as amended by PA 11-232. The Board will collect the school climate assessments of each District school and submit them to the Department of Education.

A safe school climate resource network is to be established by the Department of Education, in consultation with the State Education Resource Center, the Governor's Prevention Partnership and the Commission on Children, within available appropriations, for the identification, prevention, and education of school bullying in the state. This network will make available to all schools information, training opportunities and resource materials to improve school climate to diminish bullying.

The Superintendent shall develop rules and procedures which carry out the provisions of this policy. [In designing administrative regulations, the Superintendent should consult with the greater school community, including students.] 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.

(ct. 0521 - Nondiscrimination)
(cf. 4131 - Staff Development)

(cf. 5114 - Suspension and Expulsion Due Process)
(ct. 5131 - Conduct)

(cf. 5131.21 - Violent and Aggressive Behavior)
(cf. 5131.8 - Out-of-School Misconduct)

(cf. 5131. 912 - Aggressive Behavior)
(cf. 5131.913 – Cyber bullying)

(cf. 5131.91- Hazing)

(cf. 5144 - Discipline/Punishment)
(cf. 5145.4 - Nondiscrimination)
(d. 5145.5 - Sexual Harassment)

(cf. 5145.51- Peer Sexual Harassment)
(cf. 6121 - Nondiscrimination)

(d. 6121.1 - Equal Educational Opportunity)

Legal Reference: Connecticut General Statutes

1 0-15b Access of parent or guardian to student's records. Inspection and subpoena of school or student records.

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

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

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

5131.7 Weapons and Dangerous Instruments

Weapons and Dangerous Instruments 
Policy #5131.7
Adopted: 12/9/08     
Supersedes / Amends:

 


 

Students shall not possess firearms, facsimiles of firearms, weapons, or dangerous instruments of any kind on school grounds or buildings, not on school buses, nor on any school-related or school-sponsored activity away from school facilities. Firearms, weapons, and dangerous instruments shall include those defined by law. (18 U.S.C. 921, C.G.S. 53a-3, and 53-202 to 53-206, and 29-35).

Pursuant to federal law, the term "firearm" includes, but is not limited to, any weapon designed 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.

Possession of or bringing such weapons or devices on school grounds or other areas under the control of the Board of Education may also be a violation of criminal law, and therefore any violation of this policy shall be reported immediately to the local law enforcement agency, the Board of Education, and, if possible, the parent or guardian. Students who violate this policy shall be subject to appropriate disciplinary action as well as possible court action. A student's conduct off school grounds that is seriously disruptive of the educational process or violative of the Board's publicized policies may also be grounds for expulsion. A student found to be in possession of a firearm or dangerous weapon, as defined by law, shall be subject to an expulsion of one calendar year. The expulsion period may be modified on a case by case basis. To comply with federal law, any finding of an exception shall be reduced to writing.

Any dangerous device or weapon 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.

Every employee seizing any weapon or dangerous instrument under the provisions of this policy shall report the incident to the building principal immediately, and deliver the seized device to the principal, together with the names of persons involved, witnesses, location, and circumstances of the seizure.

If an employee knows or has reason to suspect that a student has possession of such a device but the device has not been seized, the employee shall report the matter to the principal immediately, and the principal shall take such action as is appropriate. The principal shall report all violations of this policy to the Superintendent or designee, and to the local law enforcement agency on approval of the Superintendent or designee.

Students in violation of this policy shall be subject to the following disciplinary measures:

  1. Possession of a firearm, dangerous instrument, or dangerous weapon as defined by law:

          A. Automatic 10-day suspension

          B. Referral to law enforcement agency

          C. Recommendation for a hearing on expulsion for a period up to one year

 2. Possession of a facsimile of a firearm:

          A. 10-day suspension

          B. Referral to law enforcement agency

          C.  Recommendation for expulsion hearing if the circumstances so warrant.

 3.Possession and use of any instrument in a manner to inflict bodily harm or to intimidate or threaten:

          A. 10-day suspension

          B. Referral to law enforcement agency

          C. Recommendation for expulsion hearing if circumstances so warrant

Students and parents or guardians shall be notified of this policy annually.

(cf 5114 - Suspension/Expulsion; Due Process)

(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

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.

GOALS 2000: Educate America Act

18 U.S.C. 921 Definitions

USCA 7151- No Child Left Behind Act

5131.81 (a) Electronic Devices

Electronics Devices 
Policy # 5131.81 (a)
Adopted:  6/8/10
Supersedes / Amends:  5131.81(a) dated 04/11/00 

 

 

 

The Winchester School District recognizes that handheld electronic devices are increasingly utilized in today’s society and are playing a progressively greater role in personal communication.  Responsible use is part of a student’s education.  This policy is designed to promote that educational role and to limit the potential of the devices to serve as a distraction in the educational process.

Cellular telephones, handheld computers or music players, electronic games, and other similar devices may not be visible, turned on, or utilized within the school.  These prohibitions are in effect during school hours and while attending school-sponsored activities on or off school property.  Only in the event of a true health or safety emergency may the phone be used. 

The School Principal may grant written permission for possession and use of a paging device by a student if the student or his parent or guardian establishes to the satisfaction of the Principal that a reasonable basis exists for the possession and use of the device.

A student found to be in possession of a laser pointer or a paging device, without the permission of the Principal, or using a cellular mobile telephone or other electronic device without the approval of the Principal, shall be reported to a school administrator who shall confiscate the device and forward it to the Principal. The device will be returned to the student at the end of the school day for the first violation, but the Principal shall contact the parent/guardian and advise them of the breach of the policy.  After the second violation of this policy the Principal may contact the parent/guardian and require the parent/guardian to pick up the device.

Disciplinary action may be taken against any student for using a cellular telephone, or other electronic device that is otherwise not banned by this policy, in any manner that disrupts the educational environment, including using the device to cheat, signal others, or otherwise violate student conduct rules.  Unless otherwise banned under this policy, all electronic devices must be kept off and out of sight during a regular school day unless:

(a)   the supervisory teacher grants permission;

(b)   the use of the device is provided in a student’s IEP; or

(c)    it is needed in an emergency that threatens the safety of students, staff or other individuals.

Students violating this policy shall be subject to disciplinary action, up to and including suspension and or expulsion.

School staff members are also prohibited from using electronic devices during instructional time with the exception of use specifically related to school business.

The Administration shall promulgate rules to enforce this policy.

Legal Reference:   Connecticut General Statutes

10-233j  Student possession and use of telecommunications devices

53-206e  Limitation on sale and use of laser pointers

P.A. 95- 304  An Act Concerning School Safety

P.A.96-108 An Act Concerning Student Use Of Telecommunications Devices And The Establishment Of Graduation Dates

P.A. 99-256  An Act Concerning Laser Pointers

5132.2 Dress and Grooming

Dress and Grooming
Policy #5132.2 
Adopted: 6/8/04
Supersedes / Amends: School Uniforms Policy #5132.1 

 



 

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:

  1. is unsafe either for the student of those around the student;
  2. is substantially disruptive in school operations and the education process in general;
  3. is contrary to law;
  4. is lewd, vulgar, or plainly offensive.

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

  1. are discriminatory;
  2. enforce particular codes of morality or religious tenets;
  3. attempt to dictate or adjudicate style or taste;
  4. do not fall within the direct or implies powers of the Board of Education.

The administration is encouraged to establish any needed regulations consistent with this policy through cooperative planning with staff, students and parents.  Refer to the student handbook for each school for specifics about appropriate dress.

5140 Sexual Harassment of Students

Sexual Harassment of Students 
Policy # 5140
Adopted: 1/11/96
Supersedes / Amends: : 5132 (03/15/94)(09/15/92)      

 

 

 

It is the policy of the board of education to maintain a learning and working environment for students that is free from sexual harassment.

It shall be a violation of this policy for any staff member or any individual subject to the control of the board of education to harass a student through conduct or communications of a sexual nature as defined below.  It shall also be a violation of this policy for students to harass other students through conduct or communication of sexual nature as defined below.

Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made, either explicitly or implicitly, a term or condition of a student’s academic environment or academic advancement;

It is used as the basis of academic decisions affecting the individual;

The conduct has the purpose or effect of having a negative impact upon the individual’s academic performance, or of creating an intimidating, hostile, or offensive work environment’;

Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding academic rating or advancement.

Examples of Sexual Harassment

While an exhaustive list is not possible, the following are examples of specific behaviors that, if unwelcome and of a sexual nature, could constitute sexual harassment.

Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, touching, impeding or blocking movement, leering, gestures, noises, pulling at clothes, display of sexually suggestive objects, pictures or cartoons, sexual assault, attempted sexual assault;

Continuing to express sexual interest after learning of or being informed that the interest is unwelcome;

Coercive sexual behavior used to control, influence, or affect a student’s academic environment or grades such as threats of reprisal, implying or withholding support for academic advancement or any other benefit related to school attendance or the academic environment;

Suggesting a poor academic assessment will be prepared or that academic advancement will not be completed successfully;

The creation of an atmosphere of sexual harassment or intimidation, or a hostile or offensive academic environment;

Inappropriate attention of a sexual nature.

Sexual or romantic relationships between board employees and students are unacceptable whether or not they constitute sexual harassment as defined in this policy.  Further, any conduct of an employee toward a student which could constitute sexual harassment of the student by the employee will constitute a violation of board policy and this regulation.

Legal Reference:   20 U.S.C. S1681-1688 (“Title IX”)

5141.24 Students with Special Health Care Needs

Students with Special Health Care Needs
Policy # 5141.24
Adopted: 4/11/00
Supersedes / Amends:

 

 

 

ACCOMMODATING STUDENTS WITH SPECIAL DIETARY NEEDS

The Board of Education believes all students, through necessary accommodations where required, shall have the opportunity to participate fully in all school programs and activities.

In some cases, a student's disability may prevent him/her from eating meals prepared for the general school population.

Substitutions to the regular meal will be made for students who are unable to eat school meals because of their disabilities, when that need is certified in writing by a physician. Meal service shall be provided in the most integrated setting appropriate to the needs of the disabled student.

The nature of the student's disability, the reason the disability prevents the student from eating the regular school meals, including foods to be omitted from the student's diet, indication of the major life activity affected by the disability, the specific diet prescription along with the substitution(s) needed will be specifically described in a statement signed by a licensed physician. The district, in compliance with USDA Child Nutrition Division guidelines, will provide substitute meals to food‑allergic students based upon the physician's signed statement.

The Board recognizes that students with documented life‑threatening food allergies are considered disabled and are covered by The Disabilities Act and Public Law 93‑112 and Section 504 of The Rehabilitation Act of 1973. A clearly‑defined "504 Accommodation Plan" shall be developed and implemented for all such identified students in which necessary accommodations are made to ensure full participation of identified students in student activities. Such plan shall be signed by the appropriate staff, the parent/guardian of the student and the student's physician.

All schools are also responsible for developing and implementing guidelines for the care of food allergic students. Such guidelines shall include, but not be limited to, staff development, strategies for identifying students at risk for life‑threatening allergic reactions, means to manage the student's allergy including avoidance measures, designation of typical symptoms and dosing instructions for medications.

(cf. 5141 Student Health Services)

(cf. 5141.21 Administering Medication)

(cf. 5141.23 Students With Special Health Care Needs)

(cf. 5141.3 Health Assessments)

(cf. 5145.4 Nondiscrimination)

Legal Reference:  Connecticut General Statutes

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

10‑154a Professional communications between teacher or nurse      and student.

10‑207 Duties of medical advisors.

Section 504 of the Rehabilitation Act of 1973

Americans With Disabilities Act

FCS Instruction 783‑2, Revision 2, Meal substitution for medical or other special dietary reasons.

5141.3 Health Assessments and Immunizations

Health Assessments and Immunizations
Policy # 5141.3
A
mended:  2/10/15
Supersedes / Amends: 12/18/1995    

 

 

 

The Board of Education recognizes the importance of periodic health 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 insure that all enrolled students are adequately immunized against communicable diseases. The Board may deny continued attendance in school to any student who fails to obtain the health assessments required under C.G.S. 10­206, as may be periodically amended.

The Board of Education shall annually designate a representative to receive reports of health assessments and immunizations from health care providers.

Parents wishing their children exempted or excused from health assessments must request such exemption to the School Nurse in writing. This request must be signed by the parent/guardian.

It is the responsibility of the Nurse to insure that each student enrolled has been adequately immunized and has fulfilled the required health assessments. The school nurse shall check and document immunizations and health assessments on all students enrolling in school and to report the status to the school principal. The school nurse shall also contact parents or guardians to make them aware if immunizations and/or health assessments are insufficient or not up­to­date. 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, as well as those who have visited a high risk country recently will be asked to meet the District requirements noted at the end of this policy.

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

ASTHMA

As required, the District will annually report to the Department of Public Health and to the local Health Director the asthma data, pertaining to the total number of students per school and for the district, obtained through the required 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.

TUBERCULOSIS   

Winchester Public Schools Tuberculosis Screening Policy

For School-Aged Children 

The Winchester Public School District shall comply with the recommendations from the Connecticut Department of Public Health, Infectious Diseases Division, and the Connecticut Department of Education, regarding tuberculosis testing of students.

It is recommended that at each mandated health assessment, students are screened for their risk of exposure to tuberculosis.  This is documented on form HAR-3 (revised 4/2011) by the students’ medical provider.

Students not already known to have a positive test should be tested if they have any of the following risk factors for tuberculosis infection;

Born in a high risk * country and do not have a documented test performed in the United States.

Have travelled to a high risk* country since their last mandatory health assessment.

Have had extensive contact with people who have recently come to the United States since their last mandatory health assessment.

Had contact with person(s) suspected to have tuberculosis.

Have been living in a homeless shelter.

Have HIV infection.

Have been exposed to adults in high-risk categories.

Upon identification of any of the above risk factors a PPD  (Mantoux Test) will be required prior to entry.  PPD tests read as 10mm or greater will require follow-up per the primary care provider or the Torrington Area Health District. “It is recommended that all positive TST’s (Tuberculin Skin Test) and blood tests (IGRA), questioning about symptoms and a Chest x ray be performed to rule out active TB disease”. (State of CT DPH, 6/2011)  If active disease is ruled out, it is recommended that the child’s healthcare provider initiate treatment with INH.   A note should be sent to school noting when student completed treatment.

Students who have travelled to a high risk country and have stayed in that country one week or longer will require PPD testing 8-10 weeks following their return to the United States, not upon entry of school, unless the student presents with symptoms suggestive of tuberculosis.  This result and any further treatment required shall be documented by the student’s primary care provider and noted on the CHR.

The list of High Risk Countries shall be determined by reference to the then current data shown at: 

http://www.health.nsw.gov.au/Infectious/tuberculosis/Documents/countries-incidence.pdf

For purposes of determining tuberculosis risk, a history of BCG vaccination should be considered irrelevant.

(cf. 5111 ­ Admission)

(cf. 5141.31 ­ Physical Examinations for School Programs) (cf. 5125 ­ Student Records)

(cf. 5135.11 ­ Health/Medical Records ­ HIPAA) (cf. 5141 ­ Student Health Services)

Legal Reference:   Connecticut General Statutes

10­204a Required immunizations 10­204c   Immunity from liability

10­205 Appointment of school medical adviser 10­206 Health assessments

10­207 Duties of medical advisors 10­206a Free health assessments

10­208 Exemption from examination or  treatment

10­208a Physical activity of student restricted; board to honor notice 10­209 Records not to be public. Provision of reports to   school.

10­212 School nurses

10­214 Vision, audiometric and postural screenings. When required. Notification of parents re defects; record of results

Department of Public Health, Public Health Code, 10­204a­2a, 10­204a­3a, 10­204a­4 Section 4 of PA 14­231

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. 93­568, codified at 20 U.S.C. 1232g.

P.L. 93­568; codified as 20 U.S.C. 1232g

42 U.S.C. 1320d­1320d­8 P.L. 104­191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Policy adopted:

5141.4 Reporting of Child Abuse and Neglect

Reporting of Child Abuse and  Neglect 
Policy # 5141.4
Adopted: 2/7/12
Supersedes / Amends 5141.5 & 5141.6  



 

The Board of Education (Board) recognizes its legal and ethical obligations in the reporting of suspected child abuse and neglect.  Any person applying for employment with the Board shall submit to a record check of the Department of Children and Families Child Abuse and Neglect Registry before the person may be hired.  Mandated reporters include all school employees, specifically the Superintendent, administrators, teachers, substitute teachers, guidance counselors, school paraprofessionals, coaches of intramural and interscholastic athletics, as well as licensed nurses, physicians, psychologists and social workers either employed by the Board or working in one of the District schools, or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools.  Such individuals who have reasonable cause to suspect or believe that a child has been abused, neglected or placed in imminent risk of serious harm, are required to report such abuse and/or neglect or risk.

Furthermore, the Board of Education requires all personnel who have reasonable cause to suspect or believe that a child, under the age of eighteen (18) has been abused, neglected, has had non-accidental physical injury or injury which is at variance with the history given of such injury, or is placed in imminent danger of serious harm to report such cases in accordance with the law, Board policy and administrative regulations.

A mandated reporter shall make an oral report, by telephone or in person, to the Commissioner of Children and Families or a law enforcement agency as soon as possible, but no later than twelve (12) hours after the reporter has reasonable cause to suspect the child has been abused or neglected.  In addition, the mandated reporter shall inform the building principal or his/her designee that he/she will be making such a report.  Not later than forty-eight (48) hours of making the oral report, the mandated reporter shall file a written report with the Commissioner of Children and Families or his/her designee.

The oral and written reports shall include, if known:

  1. the names and addresses of the child and his/her parents/guardians;
  2. the child’s age;
  3. the child’s gender;
  4. the nature and extent of the child’s injury or injuries, maltreatment or  neglect;
  5. the approximate date and time the injury or injuries, maltreatment or neglect occurred;
  6. information concerning any previous injury or injuries to, or maltreatment or neglect of , the child or his/her siblings;
  7. the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter;
  8. the name of the person(s) suspected to be responsible for causing such injury or injuries, maltreatment or neglect;
  9. the reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect;

10.any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and (11) whatever action, if any, was taken to treat, provide shelter or otherwise assist the child.

If the report of abuse or neglect involves an employee of the District as the perpetrator, the District may conduct its own investigation into the allegation, provided that such investigation shall not interfere with or impede any investigation conducted by the Department of Children and Families or by a law enforcement agency.

The Board, recognizing its responsibilities to protect children and in compliance with its statutory obligations, shall provide 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.

State law prohibits retaliation against a mandated reporter for fulfilling his/her obligations to report suspected child abuse or neglect.  The Board shall not retaliate against any mandated reporter for his/her compliance with the law the 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 training related to mandated reporting of child abuse and neglect as required by law.

Legal Reference:  Connecticut General Statutes

10-220a In-service 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 1-93)

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 and PA 11-93.

17a-101a Report of abuse or neglect by mandated reports.   (as amended by PA 02-106 and PA 11-93)

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

5141.7 Animal Bites

Animals Bites 
Policy # 5141.7
Adopted: 3/11/08
Supersedes / Amends:

 

 

 

Intent:  Provide guidance to the School Nurse

The school nurse’s advice or assessment may be requested by school staff or by a student.  The procedure addresses the concerns regarding the safety of children who may have been frightened or harmed by animals.  It provides guidance to staff and parents in managing an incident or injury resulting from an animal contact.

Procedure:

School personnel who become aware of a student who has been bitten or threatened by an animal shall proceed as follows:

Arrange prompt evaluation by the school nurse.

The nurse shall observe and assess the site of any wound for breakage of the skin, bruising, or evidence of infection (swelling, redness, heat, drainage).

The school nurse shall cleanse and dress wounds appropriately.

The parents of the victim will be notified by telephone.  The details of the incident will be communicated to them and they will be encouraged to seek appropriate medical evaluation for the injured student.

The school nurse will contact the community animal control officer to arrange a complete investigation of the incident and evaluation of the health status of the animal.

School personnel will report to building administrators any incidence of stray animals on school premises or any animal reportedly threatening children at bus stops or on the way to school or bus pick up areas.  Building administrators will report the incident to the community animal control officer unless the administrator believes the animal has left the area or no longer poses a risk.  When there is an imminent risk to persons (as might be the case with a bear or other large animal), the police will also be notified.

5141..27 Use Of Automatic External Defibrillators (AEDS)

Use Of Automatic External  Defibrillators (AEDS)
Policy #5141.27
Adopted:5/11/10
Supersedes / Amends:           

 

 

 

I.  Definition: Automatic External Defibrillator (AED) - means a device that:

is used to administer an electric shock through the chest wall to the heart;

contains internal decision-making electronics, computers or special software that allows it to interpret physiological signals, make medical diagnosis, and, if necessary, apply therapy;

guides the user through the process of using the device by audible or visual prompts; and

does not require the user to employ any discretion or judgment in its use.

II.      Defibrillator Location

The Winchester Public Schools will have defibrillators in each school building.

The AEDs will be strategically placed and readily accessible to maximize rapid utilization.

III.      Requirements for Predetermined AED Providers

The school nurse shall be held accountable for the retrieval, use, and return of the AED when it is used.

On an annual basis, school staff trained in AED use and CPR shall certify in writing that he/she has read the Winchester Public Schools AED policy and administrative regulations, and provide such certification and a copy of AED and CPR training completion documentation to the Superintendent of Schools or designee.

IV.     Responsibility for Operation, Maintenance and Record-Keeping

The school nurse at each building in which an AED is installed will check the defibrillator in the building on a regular basis, at least monthly.  It will be that nurse’s responsibility to verify that the unit is in the proper location, that it has all the appropriate equipment (battery, mask, case, emergency pack), that it is ready for use, and that it has performed its self-diagnostic evaluation.  If the nurse notes any problems, or the AED’s self-diagnostic test has identified any problems, the nurse must contact the Superintendent of Schools or designee immediately.

After performing an AED check, the nurse shall make note on an AED service log (Appendix IV – Inspection Log) indicating that the unit has been inspected and that it was found to be “In-Service” or “Out-of-Service”.

The Superintendent of Schools or designee shall be responsible for the following:

AED service checks during the school nurses’ contracted school year.

The replacement of equipment and supplies for the AED.

The repair and service of the AED.

All recordkeeping for the equipment during the contracted year.

Training Records of Predetermined AED Providers which include:

CPR Certification

AED Certification

Maintaining a list of predetermined and properly certified AED providers approved by the Superintendent of Schools and/or the AED school Medical Advisor.

Incident record keeping.

Copies of the certifications signed by Predetermined AED Providers regarding the understanding of, and agreement to comply with, Winchester Board of Education AED policies and procedures (Appendix III – Certification of Compliance with Automatic External Defibrillator [AED] Policies and Procedures).

Providing/scheduling opportunities for CPR and AED training recertification for all Winchester Board of Education school nurses.

Assisting the school district with proper in-house training for other individuals designated by the District.

Reporting the need for revising the policy and administrative regulations to the Superintendent of Schools.

Assisting Predetermined AED Providers in other appropriate ways as determined by the administration.

Registering the AEDs in accordance with state law (Appendix V – Agency Notification Letter,  and Appendix VI – Registry Form).

Procedures for Use

Predetermined AED Providers trained in AED use and CPR shall begin treatment or assume control of such equipment from the initial rescuer upon arrival at the scene of the arrest.

Prior to returning an AED to its location, the Predetermined AED Provider shall ensure that the AED is functional.  Any problems with the AED shall be immediately reported to the Superintendent of Schools or designee.

The Predetermined AED Provider must sign his/her name (as soon as practicable under the circumstances) and determine its service status upon removing it from its designated location and upon returning it.  (Appendix I – Service Log).

Predetermined AED Providers may only use AEDs in medically appropriate circumstances, in accordance with their training.

In the event of use, the Predetermined AED Provider shall, if possible, immediately notify the building nurse, the Superintendent of Schools, the District Medical Adviser, and the Director of Pupil Services, or designate another individual to do so.

Each time an AED is used, the AED Provider should complete a copy of the AED incident report (Appendix II – Incident Report).  The report should be forwarded to the Superintendent of Schools (860-379-0706) no later than 48 hours after the incident.  The Superintendent of Schools will forward a copy to the District’s Medical Advisor.

VI.         Emergency Action Response Plans

By July 1, 2010, each school within the District shall develop an Emergency Action Response Plan.

Whenever a school District facility is used for a school-sponsored or school-approved curricular or extracurricular event and whenever a school-sponsored athletic contest is held at any location, the Principal or designee responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is available during such event, activity, or contest at least one staff person who is trained in accordance with applicable Connecticut statutes in the use of an AED.  School-sponsored or school-approved curricular or extracurricular events or activities mean events or activities of the District that are, respectively, associated with its instructional curriculum or otherwise offered to its students.  A school-sponsored athletic contest means an interscholastic or intramural activity of instruction, practice, or competition.

Each school shall maintain the AED in a central location within the building and ensure its availability for those athletic events in which the District school is the home team and for any practice or intramural athletic events that occur at the school.

The District requires that the athletic trainer, coach, other designated staff member, or a first aid, ambulance or rescue squad member is available to respond as necessary at school sporting events in which the District school is the home team, or at any team practice or intramural athletic events that occur at the school.

5141.27 Appendix I - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) SERVICE LOG

5141.27 Appendix II - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) INCIDENT REPORT

5141.27 Appendix III - CERTIFICATION OF COMPLIANCE

5141.27 Appendix IV - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) INSPECTION LOG

5141.27 Appendix V - AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) AGENCY NOTIFICATION LETTER

5141.27 Appendix VI -  AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) REGISTRY FORM

5141.2 Administration of Medicines by School Personnel

Administration of Medicines by School  Personnel
Policy # 5141.2
Revised:  1/20/11
Supersedes / Amends: #5141.2 Amended 06/10/2008 (Adopted 02/09/93) and #4420 Adopted 02/09/93

 

 

 

The Winchester Board of Education recognizes that it is necessary to administer medication to students during school hours and at Board sponsored after school activities in order to meet the health needs of individual students. The Superintendent of Schools, with the advice and approval of the School Medical Advisor and the School Nurse Supervisor, shall develop Administrative Guidelines as set forth by the regulations of the Connecticut State Department of Health Services. These policies will be reviewed and revised at least every two years.

The school's Registered School Nurse will be responsible for the handling, storage, disposal, and record keeping of all medication, the protocol for medication emergencies and reporting of errors, the training of "qualified personnel”, and instituting the regulations in the school of her jurisdiction. In addition, the Registered School Nurse will format individual medical plans for the safe administration of medication in school.  This plan may be a stand alone plan, part of an individualized health care plan, and emergency care/response plan, or a medication authorization form. The Registered School Nurse will be responsible for following the Connecticut State Statues and guidelines in Sections 10-212a-2 through 10-212-a-10.

Prescribed medication, including over the counter drugs, may only be administered to a student pursuant to the written order of a licensed physician, optometrist, dentist, Advanced Practice Registered Nurse, Physician Assistant, and, for interscholastic and intramural athletic events only, a podiatrist. The same medication order must include the written authorization of the parent or guardian of the child or the "eligible" student.

In the absence of the school's Registered School Nurse, a nurse substitute who may be another Registered Nurse or Licensed Practical Nurse, a principal, a full time teacher, a full time Winchester Board of Education employed licensed occupational or physical therapist, a Board of Education hired coach of intramural or interscholastic athletic events, or other "qualified personnel" as defined in the regulations Section 10-212a-8, may administer medication to students.

In certain circumstances, a paraprofessional, hired for a specific student who has a medically diagnosed allergic condition that may require prompt treatment in order to protect the student against serious harm or death, may be trained to administer medication including, but not limited to, an automatic pre-filled cartridge injector to deliver epinephrine pursuant to Section 10-212a-3 of the regulations of Connecticut State Agencies.

When a prescribed medication recommends or authorizes a student to self-administer emergency medication for a verified medical condition, the School Nurse will assess the student's general knowledge of their medical condition, level of competence and responsibility in handling and administration of the medication and develop a plan for self-administration and general supervision.  This plan must be signed by the students’ physician, the parent/guardian and the student and will be reviewed annually.  Emergency medications, including inhalant or cartridge injectors, covered by this policy and plan, may be self-carried and administered during school hours or after-school at Winchester Board of Education sponsored intramural/interscholastic athletic events or extra-curricular activities.  This plan does not include controlled drugs.

Medication may also be administered by "qualified personnel" at school readiness programs and before-and-after school programs run by the Winchester Board of Education and municipalities which are exempt from licensure by the Department of Health.  With the advice of the School Medical Advisor, the School Nurse Supervisor will annually review, revise, and develop policies and procedures for the safe administration of medications for recommendations to the Winchester Board of Education School Policy and ByLaws Committee.

Parents or guardians who wish their student to receive medication at school must provide the drug and the medication order, authorize the administration of the prescribed medication with signed consent for the School Nurse to communicate with the prescriber if there are questions, and comply with the procedures set forth in the regulations Section 10-212a. 

LEGAL REFERENCES:

Connecticut General Statutes:

10-16p         Definitions. Lead agency for school readiness

10-212         School Nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds

10-212a       Administration of medications in schools, at athletic events and to children in school readiness programs

21a-240       Definitions

21a-254       Designation of restricted drugs or substances by regulations

Regulations of Connecticut State Agencies:

10-212a-1 to 10-212a-10, Administration of Medications by School Personnel and Administration of Medication During Before- and After-School Programs and School Readiness Programs

21a-262-3  Disposition of drugs

5141 Prohibition Concerning Psychotropic Drugs

Prohibition Concerning Psychotropic Drugs
Policy # 5141
Adopted:  12/11/01
Supersedes / Amends:  New Policy             

 



 

The Board of Education believes that the use of psychotropic drugs by students is a personal decision to be made by a student’s parents or legal guardian.  Furthermore, state law prohibits school personnel from recommending the use of psychotropic drugs for any child. Consequently, school personnel shall not recommend the use of psychotropic drugs for any student.

This policy is not intended to prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner, nor does it prohibit school personnel from consulting with an appropriate medical practitioner with the consent of a student’s parents or guardian.

The Superintendent or his/her designee shall be responsible for the implementation of this policy and for ensuring its dissemination to school personnel.

Legal Reference:               Public Act No. SS 01-124

5141.5 Suicide Prevention and Intervention

 

BOARD OF EDUCATION POLICY REGARDING
Students – Suicide Prevention and Intervention
Policy # 5141.5
Adopted:  12/12/2017
Supersedes / Amends: New

Suicide Prevention and Intervention

The Board of Education recognizes 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.  Instead, the Board directs school staff to refer students who may be at risk of attempting suicide to an appropriate service for assessment and counseling.

The Board of Education recognizes the need for youth suicide prevention procedures and will establish program(s) to identify risk factors for youth suicide, procedures to intervene with such youth, referral services and training for teachers, other school professionals and students to provide assistance in these programs.

Any school employee who may have knowledge of a suicide threat must take the proper steps to report this information to the building Principal or his/her designee who will, in turn, notify the appropriate school officials, the student's family and appropriate resource services.

Legal Reference:         Connecticut General Statutes

10221(e) Boards of education to prescribe rules.

 

R5141.5(a)

Students

Suicide Prevention/Intervention

Guidelines

All school district professionals have a responsibility to share with Principal observations of student behavior which appear to be related to the possibility of suicide.

The Principal, in turn, has a responsibility to follow the guidelines attached to the Board policy and regulation on suicide. If circumstances of a particular situation indicate that actions other than those described would serve the best interests of a given student and the school system, the Principal may consult with the designated student school system, the Principal may consult with the designated Student Assistance Team (SAT), Planning and Placement Team (PPT) and/or other appropriate personnel to make such a decision and shall make appropriate documentation of the circumstances and the resulting decision.

For the elementary schools, the term Student Assistance Teams should be replaced with Pupil Personnel Services Designee or school nurse.

Special Issues in Using Procedures

Communication

            The building Principal shall maintain communication with the Superintendent of Schools about all suicide attempts and shall call on the Central Office for advice on how to proceed if any situation warrants. In turn the Superintendent will keep the Board informed about suicide related issues as appropriate. All communications must be kept confidential as appropriate.

Documentation

            All actions taken by school personnel should be carefully documented. Such records should express facts, observable behaviors and actions. They should be placed in the student's supplementary file. Following an attempt or completed suicide, a daily log might be helpful.

Contagion

            Sometimes a suicide attempt or completed suicide will trigger other suicide attempts. There is no clear body of knowledge about how or why this occurs and what unique circumstances cause it. The best preventive measure against the contagion effect seems to involve careful identification and monitoring of students who may be in a risk category, efforts to reduce glamorization of the suicide and carefully planned follow up activities.

R5141.5(b)

Students

Suicide Prevention/Intervention

Guidelines (continued)

Principal

            Shall be understood to mean Principal or Principal's designee.

Anniversary Dates

            The week, month or year anniversary of the death may trigger a delayed grief reaction or suicide attempts modeled after the first. School personnel should be sensitive to this and intensify monitoring of students at these times.

Support

            While Student Assistance Team members will probably be sensitive to each other's needs for support, it can also be helpful to have an outside professional available during and following crisis periods to "debrief" the team and offer support to individual members as needed.

Suicide at School

            Most experts agree it is better to keep students at school where adult support systems are available than to send them home, where no adult supervisors might be available to them. Students should only be released to their parents or other responsible adults should they ask to leave school early.

Students at Risk for Suicide

General Procedures During School Hours

            School staff who have identified a student who exhibits the signs as noted in Appendix or who have other reason to believe the student is at risk for suicide must immediately bring the student's name to the attention of the Principal or his/her designee. This must be done even if the student has confided in the staff person and asked the staff person to keep their discussion confidential. In such cases, the staff person would explain that he/she cannot keep confidentiality in these circumstances.

            Appropriate staff member(s) gather background information prior to contacting the student unless there appears to be imminent risk of self harm. This background check should be done on the same day as the referral and may include:

 

R5141.5(c)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

Further discussion with the person who made the referral.

Contact with other staff members to get data on recent student performance. At the earliest possible moment following the collection of information, contact with the student will be made to determine the seriousness of the situation.

Critical Situation

          The student has the intent to kill himself/herself, a specific plan for how he/she will do it and immediate access to the method; in addition, he/she exhibits feelings of loneliness, hopelessness, helplessness and the inability to tolerate any more pain.

A staff member will stay with the student to offer support. In addition, he/she will explain to the student that someone will be contacting parent(s) because of deep concern.

A staff member will notify the parent(s) and request that they come to the school immediately. The following points should be covered in the meeting with the parents:

The seriousness of the situation.

The need for immediate outside professional help.

The need for continued monitoring.

 A request for parent(s) to sign a release of information form for communication between the school and the facility to which the student will be taken, the student's therapist and other individuals as appropriate.

If the parent(s) cannot be contacted or if they refuse to come to the school and the team determines that a medical emergency exists, normal procedures will be followed for such emergencies. The Principal will explain that the school may be required to file a medical neglect report with the Department of Children and Families. In addition, the Principal may inform the parents that the student will not be accepted back into school until a formal mental health evaluation has taken place.

 This exclusion will be done in compliance with state regulations and only if it is deemed to be in the best interest of the student.

 

R5141.5(d)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

As a followup, a staff member will contact the family to discuss the family's plans to provide professional help and support to the student. Permission for communication between school and therapist will be requested. A plan of action for inschool support of the student will be discussed at the next Student Assistance Team meeting. The team will continue to monitor the student.

Potential Situation

The student has some intent to kill himself/herself and has thought about how he/she would do it. He/she has access to the method but does not have everything in place. Although the student may exhibit feelings of hopelessness, helplessness and unbearable pain, he/she shows some willingness to accept help. The following action will be taken, the order to be determined by the specific situation:

A staff member will explain to the student that parent(s) will be contacted in order to arrange for professional help and to develop an appropriate support system. The staff member will offer to speak to those people on the student's behalf.

The Principal or designee will ask the student to sign an agreement not to harm himself/herself

Following the meeting with the student the Principal or designee will:

Convene the Student Assistance Team to plan a course of action.

Contact the student's parent(s) to inform them of the seriousness of the situation and to request a meeting that day.

Obtain further information from the parent(s) concerning the student's mental health history including therapy and previous suicidal attempts or threats. If the student is currently being seen by a mental health professional, the Principal will ask for parental permission to speak with that professional.

Communicate the need for suicidal risk evaluation.

R5141.5(e)

Students

Suicide Prevention/Intervention

Students at Risk for Suicide (continued)

If the parent refuses to come to school, the Principal will explain that the school may be required to file a medical neglect report with the Department of Children and Families (DCF).

As follow up a team member will contact the family to discuss their plans to provide professional help to the student. The team will meet to develop a plan for in school support.

General Procedures After School Hours

If a staff member has become aware of a potentially suicidal student during after school hours, he/she should consider and decide the following actions:

 Contact the parents.

Contact the police.

Contact student's therapist.

Contact 24hour crisis center.

Contact the Principal.

Students Who Have Attempted Suicide

In School Attempt

The staff person who becomes aware of the attempt will remain with the student and will immediately send for the nurse and Principal.

The nurse and Principal will follow school medical emergency procedures to get immediate medical help for the student.

The parents will be contacted.

The Principal will refer to the Crisis Intervention Plan and Media guidelines to determine a course of action.

Out of School Attempt

The Staff person who receives the information concerning an attempted suicide will immediately contact the school Principal who will verify the information and actions taken by the parents.

R5141.5(f)

Students

Suicide Prevention/Intervention

Students Who Have Attempted Suicide (continued)

The Principal will determine if the situation warrants informing the full faculty.

 If the attempted suicide is causing visible distress among students, staff may be asked to follow "Guidelines For Talking to Students About Suicide/Sudden Death." An after school meeting may be held to identify others at risk with students and discuss concerns.

The Principal in conjunction with the Student Assistance Team will develop a plan to monitor and support high risk students.

A team member will be assigned to follow up and monitor the student upon his/her return to school.

If appropriate, information will be shared with the Principal of the sibling's school.

Legal Reference:         Connecticut General Statutes

10221(e) Boards of education to prescribe rules.

 

5141.5

Appendix A

Suicide Prevention/Intervention

Risk Assessment Checklist

Has the person recently withdrawn from therapeutic help?

Has the person been abusing drugs or alcohol recently?

Is there a history of suicide in the person's family?

Is the person exhibiting marked hostility to those around him or her?

Has the person's life become disorganized recently?

Does the person drop in and out of schools?

Has the person become unusually depressed or anxious recently?

Has a friend committed suicide recently?

Has the person threatened suicide, or spoken about it with friends or teachers.

Is the person preoccupied with themes of death or dying?

Has the person made previous suicide attempts?

Does the person have trouble holding onto friends?

Does the person have a "plan" for suicide, and has the person made preliminary arrangements?

Has the person made "final arrangements" (given away possessions, said "Goodbye")?

If you believe someone may be thinking of suicide, get help for that person by immediately contacting people designated in the district plan on crisis intervention. Do not wait!

 

5141.5

Appendix B

Suicide Risk Factors

The following life crises, behaviors and circumstances have been identified by experts as potential risk factors for suicide. No one can say with certainty which specific life conditions and personality traits may combine to result in suicide. Nor can we say why one person commits suicide and another with similar circumstances does not. Staff should become familiar with these risk factors and make referrals to the Principal or his/her designee when they are observed.

Family Factors

Suicide of a family member (especially of a parent or sibling).

Loss of a parent through death or divorce

Family alcoholism or other drug dependency.

Absence of meaningful relationships and attachment within the family.

Destructive, violent parent-child interactions.

Physical, emotional or sexual abuse.

Chronically depressed, mentally ill or suicidal parent

Highly rigid and perfectionistic standards set for child.

Frequent (though not necessarily intended) communications that the child is unwanted or expendable.

Periods of unusual family stress due to factors such as illness, unemployment, disabilities etc.

 

Environmental Factors

Suicide of someone the youth has known or identified with.

Frequent mobility, especially during early to late adolescence

Religious conflicts where youth feels caught in the middle.

Incarceration for a criminal offense, especially if youth was intoxicated when placed in jail.

Loss of identity or status or repeated failures to achieve desired status.

Social isolation and failure to develop peer attachments.

Fears that one has contracted or been exposed to AIDS.

Accumulating failures or rejections.

 

Behavioral Factors

Past history of suicide gestures or attempts.

Running away - especially if running from abusive or alcoholic family.

Alcohol and other drug abuse.

Eating disorders.

School failure or chronic achievement.

Chronic or unexpected disciplinary crises at home or school.

Aggression and rage that shows up in violent outburst or behavior (often how boys show

depression)

Fascination with death, violence, satanism.

Legal problems.

Self-risking behaviors such as reckless driving, overt sexual promiscuity or potentially harmful

risk-taking.

5141.5

Appendix B

(continued)

Personal Factors

Frequent periods of feeling down.

Frequent feelings of powerlessness.

Learning disabled.

Gifted.

Poor impulse control, especially involving aggression or risk taking.

Unwillingness to seek or accept help for problems.

Desire for revenge or to punish another.

Confusion/conflict over sexual identity.

Alienation from traditional social institutions and values.

Compulsively perfectionistic/highly self-critical.

Seems to lack inner resources and skills to solve problems, deal with frustration.

Poor social skills; low sense of self esteem.

Desire to be re-united with someone who is dead.

Highly defensive and avoidance reactions to problems.

Strong feelings of shame or guilt that persist over time.

Unresolved feelings of grief.

Tendency to develop “tunnel vision” about problems.

Perceives that he/she can only get attention in negative ways.

 

Psychiatric Factors

Affective disorder diagnoses.

Conduct disorder diagnoses.

Depression diagnoses.

Substance abuse diagnoses.

 

Supplemental Information for Appendix A

The following supplement is designed to provide more in-depth information concerning some of the more important risk factors for suicide as listed in Appendix A.

Previous Suicide Attempt - even if these attempts were not deemed to be very serious and even if they occurred in the past and were not followed by therapy or counseling, they indicate increased risk for further attempts.

Sexuality Conflicts - Gay and lesbian youths have a higher incidence of suicide than heterosexual youths; this is true even if the young person has not outwardly defined him/herself as homosexual but is still struggling with sexual identify issues.

Exposure to AIDS - the knowledge that one’s sexual partner has contracted or been exposed to AIDS may result in a higher risk for suicide even if this person has not taken the AIDS test but believes him/herself to be in danger of contracting it.

5141.5

Appendix B

(continued)

Low Self Esteem and Social Skills - Students who are continually being rejected by others (or have that perception) may become self-rejecting, self-hating and self-harming.

Serious Risk-Taking - A disregard for one’s personal safety whether expressed through unnecessary risks taken in athletics or recreational activities or through daredevil driving while drunk may indicate an ambiguity about wanting to live.

Alcohol/Drug Abuse - Many troubled students initially use alcohol/drugs to “medicate” their pain only to discover that over time this incomes their depression and problems, 50-80% of suicidal teens are alcohol drug involved.

Sexual, Physical, Emotional Abuse - The self-blame, quiet, shame and self-hatred experienced as a result of abuse, as well as the “loss” of the parent as a trusted adult increase risk for suicide even if the abuse occurred years earlier.

Suicide of a Family Member - especially a parent increases risk for the child even if the suicide has been kept a “secret” and especially if no counseling was ever provided to survivors.

Teens with Chronic Serious Problems - within their families, their schoolwork their peer relationships or their community may respond by acting negatively getting into even more difficulty with their parent, the law or school officials leading to the perception that there is “no way out.”

Learning Disabled or Gifted Students - who experience feelings of alienation and being different from their peers may become increasingly discouraged and hopeless about things ever getting better.

Family Alcoholism - may result in feelings of guilt, isolation and inability to control one’s life or meet parent expectations; this is especially aggravated by the “Code of Silence” children learn leading to feelings of hopelessness, helplessness and alienation.

Compulsive Achievers - or perfectionists who are chronically unable to meet their own or parental standards or who interpret lower achievement levels as failure may become so self-rejecting and self-loathing as to become self-harming.

Running Away - Suicide screenings of runaway young people have shown that over 50% of them have thought about suicide as an answer to their problems. There is also a high correlation between running away and family abuse and alcoholism.

School Problems - Academic or Behavioral - Many young people experience school as a place where they feel like a failure. A negative cycle may develop in which the young person does poorly at school because of low self esteem, lower ability levels or preoccupation with personal or family problems; the school problems put more pressure on the young person adding to already present feelings of worthlessness and hopelessness which in nun result in further school problems etc.

5141.5

Appendix B

(continued)

Supplemental Information for Appendix B (continued)

Loss - Of any kind whether due to death, divorce, failure to achieve a goal, breaking up with a girlfriend or boyfriend, moving, going off to college etc. often results feelings of grief, embarrassment, isolation, alienation, insecurity and aloneness. Without an adequate support system these feelings may become overwhelming for the young person.

Fascination with Death, Violence, Satanism - is often expressed through music, clothing, posters in their rooms and behavior, this fascination may indicate that the young person is pre-occupied with thoughts of death and self-harm. If such a fascination becomes a pre-occupation, that is the young person’s life begins to change significantly, the potential for suicide must be seriously considered.

Psychiatric Disorders - Certain psychiatric diagnoses, specifically clinical depression. Conduct disorders and certain affective disorders have been identified by the National Institute of Mental Health researchers as risk factors for suicide.

 

5141.5

Appendix C

Suicide Prevention/Intervention

Warning Signs

It is important to note that adolescence is often a time of change and mood swings. When considering possible warning signs of suicide, you should look for the pattern (several related signs), the duration (2 or tore weeks of a give pattern), the intensity and the presence of a particular crisis event. You should measure these against what is perceived to be normal for a given adolescent.

Perhaps, most importantly, you should trust your instincts. When in doubt, seek help. Any young person exhibiting some combination of these signs is probably in need of some type of help.

Many of the risk factors listed in Appendix A are, in hindsight, seen as early warning signs for suicide following a suicide death. Observation of the following signals of severe emotional distress or over suicide warning signs, especially when combined with two or more risk factors from Appendix A must be reported to the Principal or his/her designee as soon as possible.

Early Warning Signs

Difficulty coping with any of the risk factors in Appendix A.

Sudden or unexpected changes in school behavior such as:

Attendance

Declining academic performance

Changed peer relationships

Sudden failure to complete work

Loss of interest; inability to concentrate

Disciplinary crisis, especially involving violence or aggression communicating about death, suicide through writing, artwork, discussion

Increased frequency and/or quantity of alcohol and other drug use

Sudden changes in appearance-especially neglect of appearance

Gradual withdrawal from friends, schools, family; loss of interest in activities

Sudden or increasingly negative changes in personality and attitude

Depression (may be expressed as sadness or angry acting out)

Sleep disturbances-(inability to sleep or sleeping to ‘escape”)

Eating disturbances (loss of appetite, sudden weight gain or loss, eating disorders)

Restlessness and agitation (especially if perceived as uncontrollable)

Over-reaction to criticism; overly self critical

Overwhelming feelings of failure, worthlessness

Failure or inability to derive pleasure from one’s life, friends, activities

Exaggerated or long term apathy and disinterest

Inability to recover from a loss; ongoing and overwhelming feelings of grief

Excessive frequency and intensity of mood swings (especially if perceived as uncontrollable)

5141.5

Appendix C

Early Warning Signs  (continued)

Persistent nightmare

Frequent expressions of hostility, anger, rage (especially if perceived as uncontrollable)    Pessimism about life, about one’s future

Persistent physical complaints (especially if no physiological basis can be found) such as headaches, stomachaches, nausea, anxiety reactions

Difficulties in concentration, completing tasks, making decisions (especially if perceived as uncontrollable)

Delusions or hallucinations; loss of touch with reality

Late Warning Signs

Threatening to commit suicide, openly talking about death, not being around, not being wanted or needed

Dropping out of activities; increasing isolation and withdrawal

Feelings of helplessness, inability to change or control one’s life

Feelings of extreme humiliation, loss of status

Radical personality or behavioral change

Sudden or increasingly dangerous risk taking behavior

Increasing feelings of aloneness, despair; perception that no one can help

Making final arrangements; giving things, away, putting one’s life in order

Sudden and inexplicable improvement in behavior; appearance

Students

Precipitating Events - Often one event will seem to trigger a suicide or suicide attempt. The most common of these seem to be:

Loss of a close relationship through:

Death or divorce

Breaking up with boyfriend/girlfriend

Suicide of a friend, family member or someone youth has known

Unexpected loss of status with peers or failure to achieve such status

Serious fight with parents or close peer

Being arrested for a crime (especially if incarcerated)

Sudden or unexpected failure or setback

Recent traumatic event such as moving, a car accident, a major loss or disciplinary crisis that makes facing the future seem impossible

Anniversary of someone else’s suicide or death

Fear of a major change in life status such as graduation, moving

Actual major life change such as going on to college, staying behind while friends go to college.

Here is the form for policy # 5141.5 Suicide Intervention.

5144.3a Discipline of Students with Disabilities

Discipline of Students with Disabilities
Policy # 5144.3a 
Adopted:  3/10/98
Supersedes / Amends:  New Policy 

 


 

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 Individualized Education Program (IEP), any behavioral intervention plan, and this policy. During any period of disciplinary action, the student will continue to receive a "free appropriate public education" in accordance with federal law and applicable regulations.

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 Planning and Placement Team (PPT) team and other qualified district personnel will review the relationship between the student's disability and the behavior. Such a review must take place as soon as possible, but no later than ten (10) school days from the date of the decision to take disciplinary actions which would remove a student with a disability from his/her current educational placement for more than ten (10) school days.

The team will determine whether the student's behavior is a manifestation of the disability and whether the student's disability impaired his or her ability to control or understand the impact and consequences of the behavior.

Disciplinary Action for Behavior that is Not a Manifestation

Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures will be applied to the student in the same manner as applied to non-disabled students.

Disciplinary Action and/or Alternative Placement for Behavior that is a Manifestation

A student with disabilities whose behavior is determined to be a manifestation of his or her disability may not be expelled but will be disciplined in accordance with his or her IEP, any behavioral intervention plan, and this policy.

In addition to any disciplinary action provided for in the IEP or behavioral intervention plan, a disabled student may be suspended for up to ten (10) school days to the extent suspension would be applied to non-disabled students.

Disabled students carrying weapons to school or to a school function or possessing, selling, or soliciting drugs may be removed to an alternative setting but not more than forty-five (45) days.

A hearing officer may order removal to an alternative setting for forty-five (45) 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.

Either before or within ten (10) days after any change in placement for more than ten (10) days related to a disciplinary problem, the PPT team 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 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:

The parent/guardian disagrees with the PPT team's determination regarding manifestation or with any decision regarding placement.

The parent/guardian disagrees with the proposed new placement following an interim alternative placement.

The district believes it is dangerous for the student to be returned to the previous placement.

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 if the district did not have "knowledge" of the disability.

The district has knowledge of the disability when:

The parent has expressed concern in writing that the student needs special education.

The student's behavior or performance has demonstrated such a need.

The parent has requested an evaluation.

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 district personnel.

If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.

(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 Statutes

10-233a through 10-233f. Suspension, removal and expulsion of students, as amended by PA 95-304 and PA 96-244.

53a-3 Definitions.

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

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

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 un Free Schools Act of 1994.

5144.1 Use of Physical Force

Use of Physical Force
Policy # 5144.1
Amended / Adopted:2/9/10  
Supersedes / Amends: 5144.1 adopted 4/11/00  

 

 

 

Physical Restraint(s)

The Board of Education 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, 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 to protect a student from harming himself/herself or to protect others from harm.

Reasonable restraint is defined as immobilization of the individual's opportunity for movement by staff member(s) through direct contact using devices and techniques designed to control acute or incidental aggressive behaviors or to control involuntary movements or lack of muscular control due to organic causes or conditions. Such constraint will not be used except as necessary to ensure a student's safety and that of others, and then only for as long as is necessary for control of the situation. Such restraint is not to be used as a disciplinary measure. Restraint includes "aversive techniques" which are defined as deliberate activities designed to establish a negative association with a specific behavior.  Excluded from this definition is the use of  helmets, mitts, and similar devices used to prevent special education students from hurting themselves if their use is documented in their Individualized Education Program (IEP).

Seclusion is defined as the confinement of an individual in a room, with or without staff supervision, in a manner that prevents the person from leaving. Involuntary seclusion is permitted in accordance with students IEP or in an emergency to prevent immediate or imminent injury to the person or others, so long as it is the least restrictive alternative.

Physical restraint may be used by staff members to:

1.   Quell a disturbance threatening injury to others.

2.   Obtain possession of weapons or other dangerous objects, including a controlled substance upon or within the control of such student.

3.   Protect other persons or property.

4.   Direct the movement or actions of a student to avoid undue or deliberate disruption of the classroom and/or other parts of the school.

5.   Protect an individual from his/her own actions.

In the case of students with disabilities, any restraint used beyond the specific situations listed above shall be identified on the student's Individual Education Plan (IEP) as a form of intervention.

Such acts shall not be construed to constitute corporal punishment within the meaning and intent of this policy.

Staff using such constraint shall be subject to the following:

1.   Such use of physical restraint shall not be used as punishment, discipline or for the convenience of staff.

2.   Staff using restraint shall complete an incident report with the principal or his/her designee justifying the use of such measures. The administration shall notify the parent(s)/guardian(s) of the incident.

3.   Restraint, including restraint devices, shall be applied only by staff members who have completed necessary and appropriate training­.

4.   Staff shall maintain continuous visual supervision on any student upon which restraint or devices have been used to ensure the student's health and safety.

5.   A student's respiration and/or circulation shall not be restricted.

6.   A staff member acting alone shall not be expected to use force or restraint when the risk of harm to the student or staff member would likely result from the use of force which outweighs the risk of harm presented by the student's conduct.

District personnel who transport special education students to and from off‑campus facilities and consider the use of a physical restraint device to control physical activity or aggression of a special education student shall follow these guidelines:

1.   The parent/guardian must be notified of the intended use prior to use of the physical restraint device. Parent/guardian input will be a major factor in determining whether to use the device. If there is a difference of opinion between district personnel and the parent/guardian with regard to the use of a physical restraint device, the Superintendent will determine whether the device is to be used.

2.   Once authorization to use a restraint device is obtained, the Director of Special Education is to ensure that a written plan for the use of the device is prepared. The written plan is to be in place prior to the use of the device and is to include:

a)    the purpose/goal for utilization of the device;

b)    the specific type and model number of the restraint device to be used;

c)    the specific times it is to be used;

d)    a method of assessing the effectiveness of its use.

3.   District employees and substitutes must be trained in the proper use of the restraint prior to its use.

4.   Under no conditions may a student secured by a restraint device be left unattended.

In the case of an emergency involving the threat of immediate and significant harm to the special education student or to other persons in the proximity of the student, a district employee may use a restraint device prior to receiving the above required approval, provided that such use is only for the minimum time required until the threat of immediate and significant harm is removed. The student's parent/guardian, principal and the Superintendent must immediately be notified of the reason for the use of the device and the length of time the student was in restraint.

An act of a staff member shall not be considered child abuse if the act was performed in good faith and in compliance with Board policies and procedures. Such acts shall not be construed to constitute corporal punishment.

Seclusion shall be used only in accordance with state statutes and regulations dealing with the use of seclusion

REPORTING/NOTIFICATION REQUIREMENTS

1.   Injuries caused by the use of restraints and/or seclusion in schools may be reported to the State Department of Education

2.   The parents/guardians of a special education student must be notified of each incident in which their child was placed in physical restraint or seclusion.

3.   The Board shall keep records and compile annual reports of each instance and the underlying emergency that necessitated the use of physical restraint or seclusion.

4.   Parents, guardians and other persons standing in place of parents shall be notified by the Board of the laws and regulations governing the use of physical restraint and seclusion, pursuant to chapter 814e, relating to student and parental rights at the first PPT involving student/s Individualized Education Program.

The Superintendent shall develop all necessary forms and procedures to implement the reporting requirements of this policy.

(cf. 4148/4248 ‑ Employee Protection)

(cf. 5141.23 ‑ Students With Special Health Care Needs)

(cf. 5144 ‑ Use of Physical Force)

Legal Reference:   Connecticut General Statutes

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.

5144 Discipline - Punishment

Discipline - Punishment 
Policy # 5144
Adopted: 1/11/96
Supersedes / Amends:  Corporal Punishment 
SEE ALSO:  5114, 5131 

 

 

 

 

The public schools shall ensure the physical and mental health, safety and welfare of all students in attendance, and the maintenance of an atmosphere conducive to learning.  Student behavior that is inimical to these purposes, the public interest, and individual rights of school personnel and students will be dealt with through administrative and legal channels.  In no case will a student be denied the procedural due process guaranteed by the Fourteenth Amendment.

Good behavior is expected from all students.  In cases of conduct endangering persons or property or seriously disrupting the educational process or violating a policy of the board of education, students will be liable for suspension or expulsion from school.

Legal Reference:   Connecticut General Statutes    

10-221 Board of education to prescribe rules

10-233a Definitions

10-233b Removal of students from class

10-233c Suspension of students

10-233d Expulsion of students

10-233e Notice as to disciplinary policies and action

10-235 Indemnification of teacher, board members and employees in damage suits; expenses of litigation

10-236a Indemnification of education personnel assaulted in the line of duty

53a-18 Use of reasonable force or deadly physical force generally

5144.4 Time Devoted to Physical Education

BOARD OF EDUCATION POLICY REGARDING
Students – Time Devoted to Physical Education
Policy # 5144.4
Adopted: 12/12/2017
Supersedes / Amends:    

Discipline

Physical Exercise and Discipline of Students

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. 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:

Loss of Recess as Disciplinary Consequence

Except as provided below, school employees may NOT prevent a student in elementary school from participating in recess or in other sustained opportunities for physical activity during classroom learning 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.

Loss of recess or other physically active learning opportunities as a form of discipline may be permitted on a case-by-case basis if approved in writing by the building administration prior to the imposition of the discipline. Such approval may be granted for safety reasons, as a last resort before in-school suspension, or in extraordinary situations when alternative strategies to address student misconduct have been ineffective.

This restriction shall not apply to students who are receiving in-school suspension.

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.

Wellness Instruction

School employees shall not prevent students from participating in physical exercise 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.

 

P5144.4(b)

Students

Discipline

Physical Exercise and Discipline of Students (continued)

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, 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 his or her duties, has regular contact with students and who provides services to, or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the Board.

Any employee who fails to comply with this policy may 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 his/her 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 (as amended by P.A. 12-116, An Act Concerning Educational Reform, and P.A. 13-173, An Act Concerning Childhood Obesity and Physical Exercise in Schools)

10-221u Boards to adopt policies addressing the use of physical activity as discipline.

5145.15 FERPA Directory Information

FERPA Directory Information
Policy # 5145.15
Revised:  2/10/2015
Supersedes / Amends:   11/19/2013


 

 

Directory Information

The District may disclose any of the items listed as "Directory Information" without prior written consent, unless notified in writing to the contrary.

"Directory information" means one or more of the following items: 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, including honor roll publication, and the most recent previous public or private school attended by the student, parent's name and/or e-mail address.

A student's Social Security Number or student ID number is prohibited from designation as directory information. However, student ID numbers, user ID, or other electronic personal identifiers used by a student to access or communicate in electronic systems may be disclosed only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticates the user's identity such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user.

Military recruiters or institutions of higher learning shall have access to secondary school students' names, addresses, and telephone listings unless a secondary student or the parent of the student requests that such information not be released without prior written parental consent. The Board of Education shall notify parents of the option to make such a request and shall comply with any request received.

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. Such notice will be given prior to the release of directory information.

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

Exclusions

Exclusions from any or all directory categories named as directory information or release of information to military recruiters and/or institutions of higher education must be submitted in writing to the Principal by the parent/guardian, student of eighteen years of age or emancipated student with fifteen days of the annual public notice.

(ct. 5125 - Student Records; Confidentiality)

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 D.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.

P.L. 107-110 "No Child Left Behind Act'! Title IX, Sec. 9528.

5145 Bus Transportation & Behavior on Bus

Bus Transportation & Behavior on Bus
Policy # 5145 
Adopted:  3/11/03
Supersedes / Amends:  New Policy  

 

 

 

Safety of students on buses is paramount.  Bus drivers have a responsibility to ensure the safety of all the students on their buses.  School Administrators and, ultimately, the Board of Education, have the responsibility for the safety of the students. 

Legal Reference:   Connecticut General Statutes

5145 Bus Transportation & Behavior on Bus Guidelines

Bus Transportation & Behavior on Bus Guidelines
Policy Guidelines # 5145 
Adopted:  9/9/03  


 

In accordance with Policy 5145 – Bus Transportation and Behavior on Buses:

1.   Bus drivers will be given, by each school principal, a list of the student’s names and addresses who ride on their buses.

2.   Parents must make a request to the Principal 24 hours in advance to the school office if they wish a child to ride on a bus other than his/her normal bus.  Emergency changes must be verified by telephone.

3.   The District Bus Behavior Slip (see attached) will be used by the bus driver to identify inappropriate this behavior (copy to the principal and Business Manager).

a.    The first offense is a warning.

b.    The second offense is a three-day suspension from the bus.

c.    The third offense is a two-week suspension from the bus.

d.    The fourth offense is suspension from the bus for the balance of the school year.  It will be the responsibility of the parents to transport their child to and from school on a daily basis for the length of the suspension.

e.    Discipline may be modified for good and sufficient reason.

4. Each student shall be informed that, while on the bus, there will be no swearing, foul language, arguing, fighting, or similar activity.  Students must remain in their seats (no running or jumping around, changing seats, etc.)

5. Each principal will assure that students and parents understand the Board Policy and Guidelines at the beginning of the school year and again at the start of the new calendar year.

Legal Reference:   Connecticut General Statutes

5145.511 Sexual Abuse Prevention and Education Program

BOARD OF EDUCATION POLICY REGARDING
Students – Sexual Abuse Prevention and Education Program
Policy #5145.511
Adopted: 12/12/2017
Supersedes / Amends: New

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1)

Definitions

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, 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.

Sexual abuse refers to coerced or forced sexual contact or activity that may be ongoing or occurs over time, often within a trusting relationship. Most victims know their perpetrators. Perpetrators are usually older than their victims and may trick or force them into gradually doing the sexual behavior. The sexual behavior may not be violent and may even be pleasurable to the child, who doesn’t necessarily know it is wrong. Perpetrators of ongoing sexual abuse control the child/youth through secrecy, shame, or threats. Children cannot consent to sexual contact with adults or older youth, and sexual contact is considered abuse, regardless of whether it includes touching or not.

Sexual assault usually refers to forced or unwanted sexual contact or activity that occurs as a single incident, as opposed to ongoing sexual abuse that may continue over time. It may also involve verbal or visual behaviors, or any type of pressure designed to coerce or force someone to join in the unwanted sexual contact or activity. The assault may involve a similar range of behaviors that are attempted or perpetrated against a victim’s will or when a victim cannot consent because of age, disability, or the influence of alcohol or drugs. Sexual assault may involve actual or threatened physical force, use of weapons, coercion, intimidation or pressure.  The offender usually takes advantage of the victim’s vulnerability. Anyone can perpetrate this type of abuse – a trusted friend or family member, a stranger, a casual acquaintance, or an intimate partner.

Alternate Definition

Sexual assault can be defined as any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity. This includes sexual activity such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. It includes sexual acts against people who are unable to consent either due to age or lack of capacity.

 

P5145.511(b)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1) (continued)

Program

The Winchester 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 District’s implementation of the Sexual Abuse and Assault Awareness and Prevention Program, per statute, shall be not later than October 1, 2016. The program, for students in Grades K-12, inclusive, shall include, but not be limited to:

Alternate Language:

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

The warning signs of sexual abuse and sexual misconduct involving a child, including recognizing and reporting child sexual abuse,

Mandatory reporting requirements,

School District policies pertaining to sexual abuse and sexual misconduct,

Establishing and maintaining professional relationships with students,

Available resources for children affected by sexual abuse or misconduct, and

Appropriate follow-up and care for abused students as they return to the classroom setting.

Providing students age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and assault awareness and prevention that may include, but not be limited to:

The skills to recognize:

Child sexual abuse and assault,

Boundary violations and unwanted forms of touching and contact, and

Ways offenders groom or desensitize victims.

P5145.511(c)

Students

Exploitation; Sexual Harassment

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

Actions that child victims of sexual abuse and assault may take to obtain assistance.

Intervention and counseling options for child victims of sexual abuse and assault.

Access to educational resources to enable child victims of sexual abuse and assault to succeed in school.

Uniform procedures for reporting instances of child sexual abuse and assault to school staff members.

The lessons should be evidence-informed, developmentally and age appropriate and informed by the required curricula standards and performance indicators contained in the SDE Guidelines (Section Three).

[Note: Above items a, b, c, d, e, and f are required per P.A. 14-196.]

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 sexual assault. Students will be:

Provided with resources and referrals to handle these potentially dangerous situations.

Provided access to available counseling and educational support.

The Board of Education directs the Superintendent develop administrative regulations to address the issues of students obtaining assistance, intervention and counseling options, access to educational resources and procedures for reporting instances of child sexual abuse and assault.

A student shall be excused from participating in the sexual abuse, assault awareness and prevention program offered within the school, in its entirety or any part thereof, upon receipt by the Principal or his/her designee, of a written request from the student’s parent/guardian.

Any student exempted from the sexual abuse and assault awareness and prevention program shall be provided, during the period of time in which the student would otherwise be participating in such program, an opportunity for other study or academic work.

P5145.511(d)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (Version #1) (continued)

Reporting Child Sexual Abuse and Assault

Students shall be encouraged to disclose abuse to a trusted adult member of the staff, including, but not limited to, teachers, administrators, nurses, coaches, and counselors. Child abuse reporting procedures will be followed for all acts of violence and sexual abuse against children as delineated in policy #5141.4, “Reporting of Suspected Child Abuse,” and its accompanying regulations.

Connecticut General Statutes §17a-101, as amended, requires all school employees including the Superintendent of Schools, school teachers, substitute teachers, administrators, school guidance counselors, school paraprofessionals, licensed nurses, physicians, psychologists, social workers, coaches of intramural or interscholastic athletics, or any other person, who in the performance of his/her duties, has regular contact with students and who provides services to District students, who have reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent risk of serious harm to report such abuse and/or neglect in compliance with applicable state statutes.

An oral report by telephone or in person shall be made as soon as possible but no later than 12 hours to the Commissioner of Children and Families and to the Superintendent of Schools or his/her designee followed within 48 hours by a written report to the Department of Children and Families.

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 #5141.4.

(cf. 5131.911 – Bullying)

(cf. 5141.4 – Reporting of Suspected Child Abuse)

(cf. 5145.5 – 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 15-5)

A Statewide K-12 Sexual Assault and Abuse Prevention and Awareness Program developed by DCF, SDE, and Connecticut Alliance (The Alliance) to End Sexual Violence.

Sample policies are distributed for demonstration purposes only.  Unless so noted, contents do not necessarily reflect official policies of the Connecticut Association of Boards of Education, Inc. 

R5145.511(a)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Prevention Strategy

Schools will design and build their capacity to implement comprehensive prevention strategies that engage students, parents/guardians/caregivers and school personnel. By engaging each of these populations, schools can reduce and prevent abusive sexual behaviors and sexual assault from occurring and create a climate that promotes positive peer relationships.

Students

Strengthen students’ knowledge, attitudes and skills for healthy relationships by implementation of the DCF/SDE sexual abuse and assault awareness and prevention program.

Strengthen students’ skills for modeling pro-social behavior and intervening as proactive bystander for the prevention and intervention of abusive behavior and/or sexual assault on campus.

Increase awareness among students of students’ rights under District policy including how to report and seek help for students who may have experienced sexual abuse or sexual assault.

Parents/Caregivers and School Personnel

Strengthen parents/guardians/caregivers’ knowledge, attitudes and skills for promoting healthy relationships including positive bystander behavior through workshops, school newsletter, and other events.

Strengthen school personnel’s (administrators, teachers, coaches, and others) knowledge, attitudes and skills for promoting healthy relationships including modeling pro-social behavior or positive bystander behavior through professional development, utilizing the DCF/SDE developed instructional modules.

Increase awareness among parents of students’ rights under District policy including how to report and seek help for students who may have experienced sexual abuse or assault.

Increase awareness among school personnel of District policy including their responsibility to report incidents and concerns regarding sexual abuse and sexual assault.

Increase awareness among parents/caregivers and school personnel of school and community-based resources for students and families.

R5145.511(b)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

School Climate

Strengthen positive school climate by engaging students in age-appropriate activities to promote healthy relationships and positive bystander behavior.

Reduce risk for sexual abuse and sexual assault by educating school personnel on how to support healthy relationships, implement prevention curricula, and respond effectively to incidents and disclosures.

Reporting Procedure

Students should be encouraged to disclose if they have been sexually abused to any member of the staff whom they trust. The Principal of each school shall establish and prominently publicize to students, staff, volunteers, and parents/guardians, how a report of sexual abuse and assault may be filed either in-person or anonymously and how this report will be acted upon. The victim of sexual abuse and assault or anyone who witnessed an act of sexual abuse or assault, and anyone who has reasonable suspicion that an act of sexual abuse or assault has taken place may file a report.

In addition, members of the staff, as a result of training, should be aware of the signs of child sexual abuse in students which can include, but are not limited to, expressions of shame, guilt/self-blame, difficulty trusting others, low self-esteem, cognitive deficits, depression, mental health problems, poor school performance, unhealthy relationships, self-harm, substance abuse and thoughts or expressions of suicide.

A report must be made when any mandated reporter of the Board of Education, in his/her professional capacity, has reasonable cause to suspect or to believe that a child under the age of eighteen (Mandated reporters include all school employees, the Superintendent, administrators, teachers, substitute teachers, guidance counselors, school paraprofessionals, coaches of intramural and interscholastic athletics, as well as licensed nurses, physicians, psychologists and social workers either employed by the Board or working in one of the District schools, or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools) is in danger of being or has been sexually abused or assaulted.

Any written or oral reporting of an act of sexual abuse or assault shall be considered an official means of reporting such act(s).

R5145.511(c)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Reporting Procedure (continued)

The following procedures apply only to statutory mandated reporters, as defined above.

When an employee of the Board of Education suspects or believes that a child has been sexually abused or sexually assaulted, the following steps shall be taken:

The employee shall immediately, upon having reasonable cause to suspect or believe that a child has been abused, and in no case later than twelve (12) hours after having such a suspicion or belief, make an oral report by telephone or in person to the Commissioner of Children and Families or the local law enforcement agency.  The Department of Children and Families has established a 24-hour Child Abuse and Neglect Hotline at 1-800-842-2288 for the purpose of making such oral reports.

The employee shall also immediately make an oral report to the Building Principal or his/her designee and/or the Superintendent or his/her designee.

If a report concerns suspected abuse by a school employee, the Superintendent or his/her designee, shall immediately notify the child’s parent or guardian that such a report has been made.

Not later than 48 hours of making an oral report, the employee shall submit a written report to the Commissioner of Children and Families, or his/her representative, containing all of the

The employee shall immediately, submit a copy of the written report to the Principal and/or

If a report concerns suspected sexual abuse by a school employee who possesses a certificate, permit or authorization issued by the State Board of Education, the Superintendent shall submit a copy of the written report to the Commissioner of Education, or his/her representative.

Contents of Reports

Any report made pursuant to this policy shall contain the following information, if known:

The names and addresses of the child and his/her parents or other persons responsible for his/her care;

The age of the child;

The gender of the child;

The nature and the extent of the child’s sexual abuse or assault;

R5145.511(d)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Contents of Report (continued)

The approximate date and time the sexual abuse or assault occurred;

Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his/her siblings;

The circumstances in which sexual abuse or assault came to be known to the reporter;

The name of the person or persons suspected to be responsible for causing the sexual abuse or assault;

The reasons such person or persons are suspected of causing such sexual abuse;

Any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and

Whatever action, if any, was taken to treat, provide shelter or otherwise assist, the child.

Investigation of the Report

If the suspected abuser is a school employee, the Superintendent or his/her designee shall thoroughly investigate the report, provided that such investigation does not interfere with or impede the investigation by the Department of Children and Families or by a law enforcement agency. To the extent feasible, this investigation shall be coordinated with the Commissioner of Children and Families and/or the police in order to minimize the number of interviews of any child and to share information with other persons authorized to conduct an investigation of child abuse and neglect. When investigating a report, the Superintendent or his/her designee shall endeavor to obtain, when possible, the consent of parents or guardians or other persons responsible for the care of the child, to interview the child, except in those cases in which there is reason to believe that the parents or guardians or other persons responsible for the care of such child are the perpetrators or the alleged abusers.

The investigation shall include an opportunity for the suspected abuser to be heard with respect to the allegations contained within the report. During the course of an investigation of suspected abuse by a school employee, the Superintendent may suspend the employee with pay or may place the employee on administrative leave with pay pending the outcome of the investigation.

A person reporting child sexual abuse shall provide any person authorized to conduct an investigation into such claim with all information related to the investigation that is in the possession or control of the person reporting child sexual abuse except as expressly prohibited by state or federal law.

R5145.511(e)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Evidence of Abuse by Certain School Employees

After an investigation has been completed, if the Commissioner of Children and Families, based upon the results of such investigation, has reasonable cause to believe that a child has been sexually abused or assaulted by an employee who has been entrusted with the care of a child or has recommended that such employee be placed on the Department of Children and Families Abuse and Neglect Registry, the Commissioner shall notify within five (5) working days after the completion of the investigation into child abuse or neglect by a school employee, the Superintendent and the Commissioner of Education of such finding and shall provide records, whether or not created by the Department of Children and Families, concerning such investigation to the Superintendent and the Commissioner of Education. The Superintendent shall suspend the employee, if not previously suspended, with pay and without diminution or termination of benefits if DCF has reasonable cause that the employee sexually abused a child and recommends the employee be placed on the DCF Child Abuse and Neglect Registry. Not later than 72 hours after such suspension, the Superintendent shall notify the Board of Education and the Commissioner of Education, or his/her representative, of the reasons for the conditions of suspension.  The Superintendent shall disclose records received from the Department of Children and Families to the Commissioner of Education and the Board of Education, or its attorney, for the purposes of review of employment status, certification, permit or authorization. Any decision of the Superintendent concerning such suspension shall remain in effect until the Board of Education Acts, pursuant to the provisions of Connecticut General Statutes. The Commissioner of Education shall also be notified if such certified person resigns from his/her employment in the District. Regardless of the outcome of any investigation by DCF and/or the police, the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment in accordance with the provisions of any applicable statute, if the Superintendent’s investigation produces evidence that a child has been sexually abused by a certified, permit or authorized school staff member.

If the contract of employment of a certified school employee holding a certificate, permit or authorization issued by the State Board of Education is terminated as a result of an investigation into reports of child sexual abuse, the Superintendent shall notify the Commissioner of Education, or his/her representative, within 72 hours of such termination.

Evidence of Abuse by Other School Staff

If the investigation by the Superintendent and/or Commissioner of Children and Families did produce evidence that a child has been sexually abused by a non-certified school staff member the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment.

R5145.511(f)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Evidence of Abuse by Other School Staff (continued)

The District shall maintain records of allegations, investigations and reports that a child has been sexually abused or assaulted by a school employee. Such records will be maintained in the District’s Central Office. The records shall include any reports made to the Department of Children and Families. The State Department of Education is to have access to all such records.

The Board shall provide to the Commissioner of Children and Families, upon request for the purposes of an investigation by the Commissioner of Children and Families of suspected child sexual abuse by a teacher employed by the Board, any records maintained or kept in District files. Such records shall include, but not be limited to, supervisory records, reports of competence, personal character and efficiency maintained in such teacher’s personnel file with reference to evaluation of performance as a professional employee of such Board of Education, and records of the personal misconduct of such teacher. (“Teacher” includes each certified professional employee below the rank of Superintendent employed by a Board of Education in a position requiring a certificate issued by the State Board of Education.)

The Board of Education shall permit and give priority to any investigation conducted by the Commissioner of Children and Families or the appropriate local law enforcement agency that a child has been sexually abused or assaulted. The Board shall conduct its own investigation and take any disciplinary action, in accordance with the provisions of section 17a-101i of the general statutes, as amended, upon notice from the Commissioner or the appropriate local law enforcement agency that the Board’s investigation will not interfere with the investigation of the Commissioner or such local law enforcement agency.

The Department of Children and Families will review, at least annually, with the State Department of Education all records and information relating to reports and investigations that a child has been sexually abused by a school employee, in the Department of Children and Families’ possession to ensure that records and information are being shared properly.

The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

Disciplinary Action for Failure to Follow Policy

Any employee who fails to comply with the requirements of this policy and these regulations shall be subject to discipline, up to and including termination of employment.

R5145.511(g)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Response to Sexual Abuse and Sexual Assault

Schools will develop and implement an effective and consistent response to sexual abuse or sexual assault that takes place on school grounds, while traveling to and from school or a school-sponsored activity, whether on or off campus, as well as abusive behavior expressed through technology using District or school-provided computers, email addresses, or servers.

Students and parents/guardians are to be informed of the District’s policy regarding sexual abuse and sexual assault.

Students are to be encouraged to contact the Principal or his/her designee or other school personnel if they or another student has been sexually abused or sexually assaulted. Students will also be encouraged to report to school authorities if they are aware that another student or adult individual has committed sexual abuse or sexual assault.

Support Services

The Principal or designee will first take steps to increase safety and well-being of the student experiencing sexual abuse and/or sexual assault. This might include offering individual or support group counseling for the student experiencing abuse and/or sexual assault at school or by referring the student to a local victim service organization.

Protection Against Retaliation

No retaliation will be taken by the District or by any of its employees or students against any complainant or any participant in the complaint process, including witnesses, and will take steps to ensure there is no retaliation against any involved party, and will respond appropriately to any incident of retaliation. Any person found to have retaliated against another individual for reporting an incident of sexual abuse, harassment or assault will be subjected to the same disciplinary action created in accordance with this policy. Those persons who assist or participate in an investigation of abusive behavior are also protected from retaliation under this policy.

Confidentiality

Any investigation that takes place pursuant to this policy and administrative regulation will, to the maximum extent possible, be conducted in a manner that protects the privacy of the student experiencing sexual abuse and/or sexual assault, complainant, and accused. However, if it is suspected that child abuse has occurred or any law has been violated, such abuse will be reported to the proper authorities. When possible students will be notified and reminded of limits of confidentiality and be made aware of possible reports to outside officials. Notification of the outcome of the investigation will be made in accordance with relevant state and federal law.

5145.511(h)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Preclusion

This policy should not be interpreted as preventing a student experiencing sexual abuse and/or sexual assault from seeking redress under any other available law, either civil or criminal.

The District will keep and maintain a confidential written record, including but not limited to, witness statements, investigative reports, and correspondence, from the date any allegation of abusive sexual behavior or sexual assault is reported to District personnel. The information in the written record will include the action taken by the District in response to each allegation.

Roles and Responsibilities

The District will:

Ensure that the Superintendent or his/her designee is the individual responsible for implementation of the policy and these procedures and for the provision of technical assistance and training for school personnel on the development and implementation of the steps for a comprehensive prevention strategy and effective and consistent intervention and response to incidents of sexual abuse and sexual assault.

Assure students of their rights to be free from sexual abuse and sexual assault including cyber-harassment;

Ensure that students know that sexual abuse and sexual assault violate District policy; that abusive behavior should be reported; and that violators will be subject to disciplinary and/or legal action;

Expect all personnel to intervene directly or to contact police when necessary, whenever they witness or become aware of an incident of sexual abuse or sexual assault. There is a duty to report to the Principal or his/her designee when any staff member knows or reasonably should have known of an incident of sexual abuse or sexual assault. Any staff member who permits or fails to report an incident of sexual abuse or sexual assault may be subject to disciplinary action.

R5145.511(i)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Roles and Responsibilities (continued)

The School will:

Staffing and Notification

The Principal or his/her designee is responsible for implementation of the policy, administrative regulations, the provision of technical assistance and training for school personnel on sexual abuse and sexual assault and effective and consistent intervention and response to incidents of such behavior;

Review policy and procedures on sexual abuse and sexual assault annually with all staff and provide recommendations and/or revisions to the policy and regulations;

Ensure that all staff, students, and parents/caregivers receive the name and contact information at the school and District level, a summary of prohibited behaviors and a summary of this policy at the beginning of the school year, as part of the student handbook and/or information packet, as part of the new student orientation, and as part of the school system’s notification to parents;

Create easy public access to the full text of this policy via the school website(s), staff and student handbooks with complaint forms, District policy manuals, contact information etc.; and

Review policy and procedures on sexual abuse and sexual assault annually with all staff and provide recommendations and/or revisions to the policy.

Prevention

Engage students, as developmentally appropriate, and school personnel and, if possible, community-based organizations to collaborate on the development and implementation of comprehensive prevention strategies;

Strengthen students’ knowledge, attitudes and skills for healthy relationships, social and emotional learning, and pro-social behavior, such as positive bystander behavior through evidence-based or evidence-informed curricula, lesson plans, or other classroom or school-wide activities;

Strengthen parents/caregivers’ knowledge, attitudes and skills for promoting healthy relationships, social and emotional learning, such as positive bystander behavior through workshops, school newsletter, and other events;

Strengthen school personnel knowledge, attitudes and skills for promoting healthy relationships and social and emotional learning, such as positive bystander behavior through professional development;

R5145.511(j)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program

Roles and Responsibilities (continued)

Strengthen positive school climate through positive social norm youth-developed campaigns or activities to promote healthy relationships, social and emotional learning, and/or positive bystander behavior; and

Assure students of their rights to be free from sexual abuse and sexual assault including cyber-harassment and that students know that sexual abuse and sexual assault violate District policy and law; that abusive behavior should be reported; and that violators will be subject to disciplinary action and/or legal action.

Intervention and Response

All school personnel are expected to utilize the reporting procedure previously described in this regulation or to contact police directly, when necessary, whenever they witness or become aware of an incident of sexual abuse or sexual assault. There is a duty to report to the Principal or Principal’s designee when any staff member knows or reasonably should have known of an incident of sexual abuse or sexual assault.

Staff members must intervene or make a report when they witness, become aware of, or reasonably should have known of an incident of sexual abuse or sexual assault on the campus; while traveling to and from school or a school-sponsored activity; whether on or off campus; or perpetrated using school-owned property such as email addresses and servers.

Each incident reported will be promptly investigated in a manner prescribed by statute that protects the student experiencing abuse and/or sexual assault.

The school will make all efforts to keep a report of sexual abuse or sexual assault and the results of any investigation confidential to the extent permitted by law, except that the abused child and the accused will be notified of the outcome of an investigation consistent with federal and state laws.

Increase students’ safety and well-being by assisting student experiencing sexual abuse and/or sexual assaults in accessing legal protection.

Support a student experiencing abuse and/or sexual assaults by offering individual counseling, support groups, and/or referrals to local victim service providers who serve minors. Establish a relationship with a local domestic or sexual violence program and/or health care providers experienced with sexual abuse and/or sexual assault for access to resources and training;

 

R5145.511(k)

Students

Exploitation; Sexual Harassment

Sexual Abuse Prevention and Education Program (continued)

Providing Instruction

The instructional staff of District schools, subject to the rules of the State Board of Education and the Board of Education, shall teach all statutorily required comprehensive health components including a health education curriculum for students in grades K through 12 in the area of sexual abuse or assault. This instruction shall include teen dating violence, a sexual abuse and assault component that includes, but is not limited to, the definition of dating violence, sexual abuse, sexual assault, the warning signs of abusive behavior, the characteristics of healthy relationships, measures to prevent and stop dating violence, sexual abuse, sexual assault, and community resources available to victims of dating violence, sexual abuse and assault.

5145.511

Form

 

Winchester Public Schools

Winsted, Connecticut

Sexual Abuse Prevention and Education Program

Student Program Opt-Out Form

Connecticut Law, Public Act 14-196, mandates that schools provide age-appropriate sexual abuse and assault awareness and prevention education in Kindergarten through Grade 12. The District will be utilizing instructional modules and developmentally appropriate educational material in each school and in all grades.

The age-appropriate materials for students may include skills in recognizing child sexual abuse and assault, boundary violations and unwanted forms of touching and contact, and ways offenders groom or desensitize victims and strategies to promote disclosure, reduce self-blame and mobilize bystanders.

In addition, the instructions will include actions child victims may take to get help, intervention and counseling options for child victims, access to educational resources to help child victims succeed in school and uniform procedures for reporting instances for child sexual abuse and assault to school staff.

The law allows students to opt-out of the awareness program or any part of it if the student’s parent or guardian so notifies the District in writing.

Please sign this form ONLY if you DO NOT want your child to participate in this program.

Child’s Name:                                                                                                                                    

Child’s Grade:                  Child’s Teacher:                                                                                      

I DO NOT want my child, named above, to participate in the sexual abuse awareness and prevention program that will be conducted by the ________________________ School District.

Parent/Guardian Name (Please Print):                                                                                              

 

Parent/Guardian Signature:                                                                                                               

 

Date:                                                  

 

This form must be received at school by                                                                                           

If a parent/guardian does not submit this opt-out form, the student will participate in the program.

Students who do not participate in this program will be provided opportunities for study and/or school work when the student would otherwise be participating in the program.