Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2003
File: GCQF
Discipline, Suspension and Dismissal of Licensed Staff (And Contract Nonrenewal) The Board of Education shall follow procedures established by law for the suspension with pay and/or dismissal of licensed staff members. Full-time licensed staff members who have not acquired non-probationary status who are currently employed by the Board, shall be re-employed for the succeeding academic year at the appropriate salary unless the Board does not renew the contract of such staff members pursuant to law. The Superintendent shall be authorized for good cause to suspend with pay or place on administrative leave a professional staff member as a disciplinary measure and/or pending an internal investigation when a professional staff member is accused of serious misconduct. The Superintendent shall report all such suspensions to the Board at its next meeting and shall make a recommendation if further disciplinary action is warranted. A teacher shall not be subject to any disciplinary proceeding including dismissal for actions which were in good faith and in compliance with the district's discipline code, nor shall a contract nonrenewal be based on such lawful actions. The District shall not obtain consumer credit on a current employee unless the district is evaluating the employee for promotion, reassignment or retention. In all cases where credit reports are obtained and/or relied upon for purposes of reassigning, terminating or denying the promotion of an employee, the District shall comply with the Fair Credit Reporting Act. Mandatory reporting requirements If an employee is dismissed as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by credible evidence, the Superintendent is delegated the responsibility for immediately notifying the Colorado Department of Education and for providing any information requested by the Department concerning the circumstances of the dismissal. The District also shall notify the employee that information concerning his dismissal is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act. The superintendent shall notify CDE whenever a licensed employee is dismissed for any of the following reasons: 1.
The employee has been determined by a court to be mentally incompetent.
2.
The individual is convicted; pleads nolo contendere or receives a deferred sentence for sexual offenses against a child as specifically set forth in the state board rules.
3.
The individual pleads guilty or nolo contendere or is found guilty of a felony which renders the person unfit to be a licensed professional including but not limited to drug possession,
felonies involving the use of firearms or deadly weapons, theft or fraud, child exploitation or pornography. 4.
When the county department of social services or the local law enforcement agency reasonably believes that an incident of child abuse of neglect has occurred and the school employee is the suspected perpetrator and was acting in his official capacity as an employee of the district.
5.
When the Board reasonably believes that an employee is guilty of an unethical behavior or professional incompetence.
LEGAL REFS.:
C.R.S. 19-3-301 et seq. (Child Protection Act of 1987) C.R.S. 22-2-119 (duty to make inquiries prior to hiring) C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law) C.R.S. 22-32-109.7 C.R.S. 22-63-103 C.R.S. 22-63-202 (3) C.R.S. 22-63-203 C.R.S. 22-63-301 et seq 1 CCR 301-1, Rules 2202-R-15.05 15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)
CROSS REF.:
GBG, Liability of School Personnel/Staff Protection
Eagle County School District, Re50J Adopted: March 30, 1988 (to into effect July 1, 1988)
File: GCRC
Staff Consulting Activities The Board of Education of the Eagle County School District considers teaching duties in the District to be full-time employment. Educational consulting work with other agencies or school districts, however, may be a rewarding experience in terms of professional growth for talented and experienced professional staff members. Such involvement also recognizes the District's obligation to the greater educational community. The Board of Education also believes that the amount of time a staff member spends outside of the District in consulting activities needs to be balanced with the need for the teacher/administrator to be in the classroom/on the job. REGULATIONS: 1.
For the purpose of this policy, consulting shall be defined as providing service to a legitimate educational agency for which compensation (fee or honorarium) is received.
2.
Staff members who desire to enter into a consulting contract that will take the staff member away from his/her regular working hours must make application for consulting leave with his/her immediate supervisor(s). The final decision regarding consulting leave requests will be made by the Assistant Superintendent.
3.
Each request will be considered on an individual basis. However, it is strongly recommended that teachers and administrators not spend more than three (3) days per school year on
consulting activities. Consulting leave decisions will, in large part, be based upon the total number of days a staff member has been away from his/her classroom/office for any type of leave during the past year(s). 4.
When consulting leave is approved, the person being granted that leave will be responsible for paying the School District the cost of hiring a substitute if and when a substitute is needed. The payment for this substitute must be made to the Business Office prior to the time the leave takes place.
5.
The request for consulting leave must include (a) the name of the organization, (b) the consulting activity, (c) the length of the activity, (d) the amount of time the staff member will be away from his/her regular duties, and (e) a statement as to the positive impact the consulting activity will have for the individual, the School District, and the education profession.
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2001
File: GCRD
Tutoring for Pay No teachers may tutor their current public school students for compensation during the regular school year or while employed in the District's Summer School program, except with the approval of the Superintendent. Private music lessons may be given for compensation after school hours or on the teacher's own time. Eagle County School District, Re50J Adopted: May 12, 1982 (to go into effect July 1, 1982) Revised: July1, 1999
File: GCT
Exchange Teaching The Board of Education believes that exchange teaching, when implemented with appropriate precautions, can afford an effective opportunity for professional growth. When spending a period of time in another significantly different system, it is possible to acquire new perceptions, experiences, and skills that will allow the teacher to function more effectively in the Eagle County School District. The cultural experiences that can be acquired through exchange teaching are valuable experiences that can give a teacher a broader and more in-depth perception of the world and of teaching. REGULATIONS: 1.
A staff member of the Eagle County School District should initiate the exchange teaching request by submitting a formal letter of application to the Eagle County School District Superintendent's Office. The letter of application should include: a. b.
a rationale for the request; how the experience will benefit the professional growth of the staff member,
and how the experience will benefit the Eagle County School District. c. the specific goals and objectives to be accomplished during the experience. NOTE: The deadline for making application to the Superintendent's Office will be March 15 of the preceding year. The leave requests will be reviewed with other leave requests by April 15. 2.
The exchange teaching program is restricted to teachers who will have non-probationary status during the time of their leave.
3.
The receiving principal should have an opportunity to interview the applicant who would be coming to the Eagle County School District prior to giving final approval. The interview ideally would take place in person, but if that is not possible, the interview could be conducted by telephone or by sending a set of questions to the exchange teacher and having him/her respond to them on audio or video tape.
4.
The Board of Education will make the final decision on exchange teaching requests. The Board's decision will be based upon the request of the teacher and the recommendation of the school administration.
5.
Approval for exchange teaching should not be approved before the Eagle County School District is assured of having a fully qualified and capable teacher in the Eagle County School District.
6.
Leaves of absence for an exchange teaching position shall be for one year only, but may be extended for an additional year on mutual consent of the two school districts and the teacher involved. Staff members are encouraged to select positions where the school year runs concurrent to the Eagle County School District's school year. These requests will be given the highest priority.
7.
Conditions affecting salary payments and positions on the Eagle County School District salary schedule shall be as follows: (a) salary increments and also retirement and other benefits shall continue during participation in the program; (b) Eagle County School District teachers on exchange service in foreign countries shall receive their regular salary payments from the Eagle County School District unless paid directly by the school system of the country in which they teach; and (c) exchange teacher salary includes no extra compensation for position, such as department head, and no activity payments such as may normally be received at Eagle County School District for those services.
The administration and the Board of Education are cautioned not to allow a large number of exchanges in any one school year if these exchanges might have a negative impact and/or cause disruption to the Eagle County School District.
Eagle County School District, Re50J Adopted: May 12, 1982 (to go into effect on July 1, 1982) Revised: April 28, 1993 (to go into effect on July 1, 1993)
File: GCU
Professional Staff Membership in Professional and Union Organizations The Board of Education of the Eagle County School District believes in supporting professional
organizations whose primary purpose is the improvement of the professional staff and the improvement of instruction. It is hoped that the Eagle County School District professional staff will join professional organizations and contribute to raise the standards of the educational profession. REGULATIONS: 1.
The organization selected to represent teachers shall have the following privileges: a. b. c. d. e.
To utilize professional staff mail boxes in each building To utilize meeting rooms outside of the regular school day and not in conflict with regularly-scheduled school activities To utilize copying equipment on a re-payment basis To have access to one bulletin board in each building that has been supplied for that purpose. To have access to in-building communications for the purpose of listing meeting dates, times, and places.
2.
Unless authorized by the Superintendent, all organization business shall be conducted at a time other than the regular school day.
3.
No staff member shall be forced to be a member of an organization either within or outside of the Eagle County School District.
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: GDA
Support Staff Positions All support staff positions in the school system shall be established initially by the Board of Education. All paraprofessionals who provide instructional support for students in Title I Schoolwide Programs and Targeted Assistance Programs shall meet the qualifications set forth in federal law and regulations. Support staff employees, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by policy. Support staff members shall be employed for such time as the District is in need of or desire the services of such employees. In each case, a statement of job requirements shall be established. This shall be in the form of a job description setting forth the qualifications for the job, a detailed list of performance responsibilities, and any required physical capabilities. All support staff job descriptions will be updated and reviewed every other school year beginning with the 2005-06 school year. Only the Board or the Director of Human Resource Services (serving as the Board’s designee) may abolish a job description/position that it has created. LEGAL REFS.:
C.R.S. 22-32-109 (1) (f) C.R.S. 22-32-110 (1) (h), (ee)
20 U.S.C. 1119(c) (No Child Left Behind Act of 2001) 34 C.F.R. 200.58, 200.59 (federal regulations regarding paraprofessional qualifications) CROSS REF.: NOTE:
GDQD, Discipline, Suspension and Dismissal of Classified Staff Job Descriptions for support staff positions are filed in a job description manual available in the Human Resource Office.
Eagle County School District, Re50J Adopted: March 9, 1988 (to go into effect July 1, 1988) Revised: July 1, 2009
File: GDAA
Support Staff Policy Committee The Board is responsible for determining the policies of the District and retains the legal right to do so. However, inasmuch as the Human Resource policies of the District have a direct effect on the welfare and the attitude of the support staff, the Board recognizes the need to gather systematic and representative input from the staff prior to making personnel policy decisions that affect the support staff of the District. A working group called the Support Staff Policy Committee (SSPC) will be selected annually to serve the purpose of recommending administrative policy revisions, for the purpose of communicating with the staff regarding policy formulation. The committee will act as an advisory group regarding the job description review process that will occur annually. REGULATIONS 1.
The SSPC will be made up of the following members: Role Group •
School secretary representative
Location east end
•
School secretary representative
west end
•
Maintenance representative
•
Custodian representative
east end
•
Custodian representative
west end
•
Food service representative
east end
•
Food service representative
west end
•
Transportation representative
east end
•
Transportation representative
west end
•
Teaching assistant representative
east end
•
Teaching assistant representative
•
District Office representative
•
Exempt Employee representative
•
Human Resource Director
west end
Facilitator
2. The committee prefers to include representatives from the east and the west ends of the district. If one cannot be identified an alternate from either end can be included. 3. Committee members will be elected for a three (3) year term. In an effort to maintain continuity from year-to-year, one-third (1/3) of the committee members will be selected each year. 4. The selection of the committee members will be made in a manner that allows for maximum staff representation and ensures that each support staff member has a link with the SSPC. 5. Representatives for open positions will be selected before the end of the school year for the following school year. This selection process will provide an opportunity for support staff members to nominate representatives from each role group. If more than one-person volunteers for an open position, an election may be held. 6. Support staff members will vote for a representative from their role group only. Staff members who have assignments in more than one area (e.g. bus driver/teacher assistant) will be allowed to vote for a representative from each respective role group. 7. The SSPC will begin its discussions on or before November 15 and will conclude its discussions and decisions by May 1st. The SSPC may extend the deadline if it considers this time period limiting. Except in unusual cases, new/revised policies will go into effect as of July 1. 8. The Director of Human Resource Services will be responsible for facilitating the SSPC meetings. 9. The representatives selected to serve on the Committee will be responsible for gathering input and for communicating decisions of the SSPC to those staff members they represent and they will be responsible for reporting back to their constituents regarding the discussions and outcomes of the committees work. Eagle County School District, Re50J Adopted: July 1, 2003
File: GDAB*
Title I Paraprofessionals A Title I paraprofessional is an individual who provides instructional support for students in a Title I Schoolwide or Targeted Assistance Program.
Title I paraprofessionals may perform the following instructional support duties: •
One-on-one tutoring for eligible students if the tutoring is scheduled at a time when the student would not ordinarily be receiving instruction from the regular teacher
•
Assist in classroom management
•
Conduct parent involvement activities
•
Assist in computer instruction
•
Provide instructional support in a library or media center
•
Act as a translator
•
Provide instructional support services under the direct supervision of qualified teachers
Title I paraprofessionals may assume limited non-instructional duties, even if they benefit non-Title I students, in the same proportion to their total work time as non-Title I paraprofessionals. Title I paraprofessionals do not include individuals who have only non-instructional duties such as providing technical support for computers, providing personal care services or performing clerical duties. Qualifications Title I paraprofessionals, regardless of hiring date, must have earned a secondary school diploma or its recognized equivalent (except for those who act as translators to enhance the participation of limited English proficient students or whose activities consist solely of conducting parent involvement activities). Title I paraprofessionals hired after January 8, 2002 must have: 1. Completed at least two years of study at an institution of higher education or obtained an associate’s or higher degree; or 2. Demonstrated through a formal local academic assessment the knowledge of and ability to assist in instructing, as appropriate: a. Reading/language arts, writing and mathematics; or b. Reading readiness, writing readiness, and mathematics readiness. Title I paraprofessionals hired on or before January 8, 2002 must meet the above qualifications no later than January 8, 2006. Notice to parents An annual written notice shall be provided to parents of students enrolled in a Title I Schoolwide or Targeted Assistance Program telling them they may request information about any paraprofessionals who provide instructional support for their child. The notice may be combined with a notice regarding Title I teacher qualifications. LEGAL REFS.:
C.R.S. 14-14-111.5 (Child Support Enforcement procedures)
C.R.S. 22-32-109 (1)(f) (Board duty to employ personnel) C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring) C.R.S. 22-32-109.8 (fingerprinting requirements for non-certified positions) C.R.S. 24-34-402 (1) (discriminatory and unfair employment practices) 42 U.S.C. 653 (a) (Personal Responsibility and Work Opportunity Reconciliation Act) 15 U.S.C. et seq. (Fair Credit Reporting Act) 20 U.S.C. Section 1119(c) (No Child Left Behind Act of 2001) 34 C.F.R. 200.58, 200.59 (federal regulations related to paraprofessional qualifications) CROSS REFS.:
GDA, Support Staff Positions GDE/GDF, Support Staff Recruiting/Hiring
NOTE: The requirements outlined in this policy apply to all paraprofessionals who work in a school that qualifies as a Title I Schoolwide Program, whether or not their salaries are paid with Title I funds. For Targeted Assistance Programs, only those paraprofessionals who provide instructional support to students in the Title I program are subject to the requirements.
Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect on July 1, 1983) Revised: July 1, 2003
File: GDB
Support Staff Compensation In order to foster clear communication between the School District and its employees regarding compensation, it is suggested that a written statement describing that relationship be agreed to by the Human Resources Office and the individual employee. REGULATIONS: 1. All support staff shall be employed on the basis of a personnel action form. The personnel action form should include (a) the number of days to be worked in the calendar period, (b) the beginning date of employment, (c) the ending date of employment, and (d) the employee's rate of pay. 2.
NOTE:
Support staff employees should be informed of their employment status for the following year via personnel action form. In cases where a decision regarding continued employment cannot be made on or before June 15, the District reserves the right to make a decision at any time prior to the beginning of the next year's employment (e.g. sometimes funding for special programs is not assured far enough in advance to meet the deadline for notifications). This regulation should in no way be construed as restricting the Board's option in reducing staff when necessary. Job descriptions are referenced in Policy GDO - Evaluation of Support Staff
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: GDBA
Support Staff Salary Schedules It is the desire of the Board of Education to compensate its employees in a manner that is equitable and competitive with other employment opportunities of the District. The Board shall compensate all employees according to a salary schedule, which shall be in accordance with existing statutes. Such salary schedule shall be subject to change by action of the Board. REGULATIONS: 1. Prior to the adoption of the budget, the Superintendent shall recommend a salary schedule to the Board of Education for its approval. 2.
Current employees will be placed on the salary schedule based on their assigned responsibility and past employment history with the District. Any variance from this regulation must have the approval of the Superintendent.
3.
Employees returning to the District after a break in service (exclusive of leaves of absence) may, at the discretion of the Superintendent (or his/her designee), be placed on the salary schedule at the point above the minimum that will give them credit for previous experience if that position is the same position or a lesser position in a related area (a lesser position is defined as a position with a lower starting hourly wage and a greater position is defined as a position with a higher starting hourly wage).
4.
Placement on the salary schedule in the case of transfers within the District will be handled in the following manner: a.
If an employee is moving to a position of greater responsibility, (s)he will be placed at the same point as the lesser position.
b.
If an employee is moving to a position of lesser responsibility, including that of a substitute, in a related area, (s)he will be placed in the lower pay grade at the same point held in the position of greater responsibility.
c.
If an employee moves to a position of lesser responsibility in a non-related area, (s)he will be placed on the minimum of the pay grade to which (s)he has been transferred.
d.
If an employee moves back into a position previously held, (s)he would be placed on the same point at the time (s)he left the position (exclusive of leaves of absence) if this occurred within the last 12 months.
5.
Non exempt employees new to the district will be placed at the minimum hourly wage with the corresponding years of experience for the position they are being hired for as determined on the current year’s support staff salary schedule.
6.
If the District or the employee becomes aware of an apparent overpayment or underpayment, the other party shall be given immediate written notification of such fact. Within 30 days of the district’s receipt of written notification from the employee that the employee has been underpaid, the District shall pay the employee the amount owing the employee on the next scheduled payroll date for that employee. Within 30 days of the employee’s receipt of written notification from the District that the District has overpaid the employee, the employee shall repay the amount owing to the District, without interest. If the employee fails to repay the
District, the District shall have the right to withhold the amount due the District from any monies which the District owes the employee. In no event shall any claim by the employee or the District for overpayment or underpayment be recognized more than 12 months after the date on which such overpayment or underpayment occurred. 7.
Before discussing a salary other than minimum with an exempt employee, the supervisor must speak with the Director of Human Resource Services and gain his/her permission to offer something other than the minimum salary. This permission will only be granted when there is sound rationale in support of the decision.
8.
Employees receiving a satisfactory or higher appraisal will be eligible to receive the performance adjustment if they are currently positioned on the Support Staff Salary Schedule. Employees who do not receive at least an appraisal of 3.0 will not receive the performance adjustment that fiscal year. This provision will be true prior to moving to 100% performance pay for support staff member and exempt staff members. Support staff will receive changes of compensation effective August 1 of each year. Substitute employees and temporary employees will not be eligible for increases as according to Policy, they are compensated at the base wage for their position. If the Board declares a fiscal emergency during a budget year as allowed by state law, it may reduce salaries for all employees. Any such reduction in salaries may be made notwithstanding any adopted salary schedule or policy.
LEGAL REFS.:
C.R.S. 22-32-109 (1) (f) C.R.S. 22-32-110 (5)
CROSS REF.:
GDG, Classified Staff Part-time & Substitute Employment GDJ, Classified Staff Assignments and Transfers
Eagle County School District, Re50J Adopted: May 26, 1982 Revised: December 1, 2012
File: GDBC
Support Staff Supplementary Pay/Overtime It is the desire of the Board of Education that employees be compensated for work in a manner that is in compliance with state and federal laws. The Board of Education believes that... ... it is not healthy for an employee to regularly work more than 40 hours per week, and that overtime should only be used in rare cases. ... staffing numbers and staff skills should be consistent with expected task accomplishments. ... the payment of overtime is not usually a cost effective option and is difficult to budget. ... when overtime is necessary, an effective system for controlling the use of overtime must be in place. ... when possible, substitutes should be utilized in lieu of paying an employee overtime.
REGULATIONS: 1.
Overtime shall be defined as those authorized hours worked in excess of an employee's regular forty (40) hour work week.
2.
Payment will be made to compensate employees for time worked beyond the regular 40 hour work week. Payment for overtime shall be calculated as follows:
•
Overtime payment for time worked that does not exceed a 40-hour work week.
•
Overtime payment for time worked above and beyond the 40 hour week shall be paid at time-and-a-half.
•
Any time worked beyond an 8 hour day shall not be calculated at time-and-a-half unless the staff member has worked over 40 hours during that work week.
3.
Authorization for overtime payment must be obtained from the employee's supervisor prior to the time the overtime is to be worked.
4.
Overtime will not be authorized unless there is a sufficient amount of money in the budget account to pay for that overtime.
5.
The Payroll Office shall maintain overtime records of all employees.
6.
Hourly employees who upon the approval of their immediate supervisor are scheduled to work on an on-call basis (as defined by being responsible for carrying the District’s emergency pager) and who are then called to respond to an emergency will be paid at their overtime rate of pay. This overtime rate of pay will begin upon the employee reporting to either the location of the emergency or to his/her department or school in order to then respond to the emergency accordingly.
7.
Hourly employees who work on a paid holiday must do so on an on-call, emergency basis only with the approval of their supervisor, when they do so they will be paid their overtime rate in addition to their straight-time holiday pay. Compensatory time cannot be taken in these situations. Compensatory time in the amount of four (4) hours for every 24 hour period will be processed for maintenance staff members who are designated as being on-call in the department.
8.
Time worked is expected to occur on school grounds unless it is a school related activity.
9.
Support staff members hired as a coach and/or sponsor are required to record their time in the Eagle County Schools time management system and will be compensated at an hourly rate of $10.00 per the salary schedule. All overtime provisions will pertain taking into account the coaching and/or sponsor job and the support staff member’s regular job.
LEGAL REF,:
29 U.S.C.A. Subsection 201 et seq. (Fair Labor Standards Act)
CROSS RED.:
GDK, Classified Staff Schedules and Calendars GDL, Classified Staff Work Load
Eagle County School District, Re50J Adopted: August 24, 1979 Revised: July 1, 2007
File: GDBD
Support Staff Benefits Benefits, in addition to the basic salary, are recognized by the Board as an important part of the total compensation plan for staff members. The benefits extended to the staff shall be designed to promote the present and future economic security of employees and to provide incentives for remaining with the District. 1.
District employees shall participate in the Public Employees' Retirement Association, in which both the employee and the District make monthly contributions, unless the employee is exempt from the statutory requirements for PERA membership.
2. To be eligible for benefits, the employee must work at least 20 hours per week. To receive benefits, a staff member must be assigned and work in one or more jobs that result in 12 month (2088 hours or 261 days) employment. (i.e. temporary or substitute employees are not eligible for benefits). Employees who are assigned more than one job with the Eagle County School District that results in year-round employment shall be entitled to receive benefits. 3. District benefits are as follows: ∗
Paid Leave
∗
Public Employees' Retirement Association (PERA)
∗
Health and Dental Insurance
∗
Workers' Compensation
∗
Sick Leave Bank (see policy GDCAA)
∗
Tax-Sheltered Annuity Programs and PERA 401(k)
∗
Vacation (see policy GDD)
4. An employee who works fewer than twelve months (2088 hours or 261 days) or an employee who is on extended leave will not be eligible for benefits during the time (s)he is not employed (i.e. summer months, period of leave). Health insurance benefits and other insurance payments that are deducted from the employee's paycheck may be continued during the summer month(s) or during the extended leave if that employee pays the total cost (District and/or employee share) of the benefit/deduction. Payments for the continuation of these benefits must be received by the Payroll Office on or before the first of each month. If an employee chooses to drop a program including over the summer months or during an extended leave, it will be the responsibility of the employee to reinstate the benefit, should (s)he desire to do so in accordance with the current Eagle County School District Employee Benefit Booklet. 5. The District will pay the benefit portion of the single health insurance premium. The employee will pay the remainder of the premium. 6. The District will pay the benefit portion of the single health insurance premium (i.e. during the work year and during the summer months) for Office Managers. However, should an Office Manager resign prior to the end of the school year, his/her insurance coverage will discontinue as of his/her resignation date. If an Office Manager resigns as of the end of the school year, their insurance benefits will continue through the end of the month in which they receive their final paycheck for his/her position of Office Manager. 7. A committee called the Employee Benefits Trust will be responsible for studying, evaluating, and making recommendations regarded insurance benefits for District staff members. The membership of this committee will include the Director of Human Resource Services, the Director of Finance, the Payroll/Benefits Specialist, three certified staff members including two members of the Negotiating Team, and three support staff members. The Director of Finance appoints staff members for 2 year rotating terms. This committee will annually review the benefits and effectiveness of the insurance program. This committee will determine when this annual assessment needs to include input from the full membership. The members of the committee will be communicated to all employees annually. Employees are encouraged to provide input regarding benefits and effectiveness of the insurance program. LEGAL REFS.:
C.R.S. 22-32-110(1) (j) C.R.S. 24-51-104 C.R.S. 24-51-205 (2) C.R.S. Title 8, Articles 40-52 (relates to Worker’ Compensation)
CROSS REF.:
DKB, Salary Deductions GDGC, Job Sharing
Eagle County School District, Re50J Adopted: June 8, 1994 (to go into effect on July 1, 1994)
File: GDC
Revised: May 24, 1995 Support Staff Leaves and Absences The same policies that apply to sick leave, maternity leave and leave for other emergency and personal reasons that have been established for the professional staff also shall apply to members of the support staff. Under the Family Medical Leave Act (FMLA) certain essential requirements prevail. Such leaves and absences shall be granted in accordance with the laws and Board policies pertaining to specific types of leaves. Employees may request leave in writing stating one of the reasons listed below, duration of leave, and any special circumstances to consider. Federally-mandated family leave The provisions of this section shall apply to all family and medical leaves of absence except to the extent that paid leaves are covered under other Board policies for any part of the 12 weeks of leave to which the employee is entitled. Some leaves may be used simultaneously. If an employee is entitled to paid leave under another policy, the employee shall take the paid leave first. If the employee desires more than 12 weeks of leave, Policy GDCF, Classified Staff Extended Leaves, applies. The total cap of permissible employee leave is fifty-two (52) weeks, which may include twelve (12) weeks of designated FMLA leave. To be eligible for leave under this policy, an employee shall have been employed for at least 12 months and shall have worked at least 1,250 hours during the 12-month period preceding the commencement of the leave. An eligible employee shall be entitled to a combined total of 12 weeks leave per year under particular circumstances that are critical to the life of a family. Leave may be taken upon the birth and for the first-year care of the employee's child; upon the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse or parent who has a serious health condition; or when the employee is unable to perform the functions of his position because of a serious health condition. Spouses who are both employed by the district shall be entitled to a total of 12 weeks of leave (rather than 12 weeks each) for the birth or adoption of a child or for family illness. Entitlement for child care leave shall end after the child reaches age one or 12 months after adoption or foster placement. Leave to care for a child shall include leave for a step-parent or person in loco parentis. If medically necessary for a serious condition of the employee or the employee's spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. The district may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule provided that the position has equivalent pay and benefits. When a health condition is identified as being covered by FMLA, leave may be applied retroactively but under specific conditions: * the employee is still out on leave when the FMLA qualifications are discovered; and * the employee is out on paid leave. When an employee knows of an impending absence s/he should put in the necessary time to create a plan for how the work should be handled.
If the employee carries the District group health insurance, the district shall maintain coverage under the plan for any employee who is granted an approved leave of absence under this policy for the duration of the leave (up to 12 weeks). Such coverage shall be maintained at the same level and under the same conditions as coverage would have been provided if the employee were not on leave. The district reserves the right to seek reimbursement for this benefit in the event that an employee elects not to return to work, as allowed by law. If an employee uses sick days sporadically, the employee's physician will need to complete a medical certification to ascertain whether the illness is due to a serious medical condition and counted as FMLA Leave. Employees on leave should communicate with District personnel officials on a monthly basis. Reinstatement shall be determined in accordance with any applicable Board policies. If the employee on leave is a salaried employee and is among the highest paid 10 percent of district employees and keeping the job open for the employee would result in substantial economic injury to the district, the employee may be denied reinstatement provided the district notified the employee of its intent to deny reinstatement at the time the economic hardship occurs and the employee elects not to return to work after receiving the notice. A fitness-for-duty or release to return to work may be required based on the nature of the illness or its duration. The superintendent is directed to develop procedures to required appropriate medical certifications, notification and reporting which are consistent with law. LEGAL REF:
P.L. 103-3 (Family Medical Leave Act) Note: This law provided that the district shall not be in violation of other federal laws such as those governing the district's responsibility to educate handicapped children solely as the result of an eligible employee taking family medical leave.
CROSS REF:
GCC, Professional Staff Leave and Absences, and subcodes
Eagle County School District, Re50J Adopted: October 11, 1978 Revised: July 1, 2009
File: GDCA
Support Staff Paid Leave All current years leave besides Maternity/Paternity, Military, Jury Duty and Professional leave shall be known as “Paid Leave". Support staff members may use “Paid Leave” days for any absence from school including religious holidays; however, to maximize student learning, “Paid Leave” must not be used for recreational purposes or to extend a vacation (as defined by the days school is not in session or that all buildings are closed on the school year calendar) unless it is being used for an illness. Support staff members are encouraged to not use Paid Leave for those activities that can be scheduled outside of the school day. Paid Leave days are prorated for part time employees. REGULATIONS: 1. Paid leave may be used for illness/disability of the support staff member, the dental work to the support staff member, adoption (not to exceed six weeks), illness or death in the immediate family or household, religious holidays, employee’s business, or other personal reasons. Immediate family includes spouse, children, foster children, mother, or father, significant other, or siblings. Requests due to extenuating circumstances of illness in the immediate family may be
approved at the discretion of his/her building principal or supervisor (i.e.: using paid leave for extremely serious/life threatening situations/illnesses for extended family such as siblings, and/or in-laws). 2. Paid leave shall be available for all employees working twenty (20) hours or more per week on a regular basis. Paid leave will begin to accrue 60 calendar days after the employee becomes eligible. One (1) day of paid leave shall be accrued for every 18 days worked proportionate to days/hours worked after the 60 day waiting period. The accrued number of paid leave days will be credited to an individual's leave when they become eligible. If any paid leave days/hours are left at the end of the year, they are automatically rolled into prior year’s accumulated leave for the following year. Employees are then credited with the annual number of paid leave days for the current year. Prior year’s accumulated leave may only be used after all paid leave has been exhausted and is then only used for illness or bereavement, (see #1 under regulations). The annual number of leave days will be credited to an individual's record 60 days after the first day of employment and on August 1 of each year after that. 3. Paid leave time shall be used in 1/4 (one quarter) hour increments. 4. A support staff member taking paid leave days for a reason other than personal illness, family emergency or bereavement may take only two (2) scheduled work days consecutively. a. In significant, extenuating circumstances, the building principal/supervisor may approve the use of paid leave in excess of two (2) days. b. Paid leave may be used for doctor appointments if the supervisor determines that the support staff employee is not able to schedule the appointment outside of working hours. (The District encourages employees to make appointments outside regular working hours whenever possible.) The District also encourages support staff employees to schedule medical appointments that do not extend holidays or vacation periods. c.
Up to five (5) paid leave days may be used for bereavement of immediate family members. No more than three days of paid leave can be taken for non-family members. Exceptions to this regulation or extenuating circumstances having to do with it may be approved by the building principal/supervisor
d. Leave for religious purposes may be classified as paid leave. Prior to taking leave for religious purposes, the employee shall have the leave pre approved by his/his building principal/supervisor. e. Paid leave may be used if the child of a staff member is participating in a school event on a day which extends a vacation upon the approval of his/her immediate supervisor. 5.
A building principal/supervisor may, at any time, inquire as to the nature or reason for any and all paid leave requested by an employee, including requiring appropriate documentation.
6.
Once approved, all types of leave must be reported to the Substitute Absence Management (SAM) system prior to the start of the leave. In instances where the support staff member has not been responsible enough to report their leave prior to its start, the leave will be processed as leave without pay unless extenuating circumstances are approved by the immediate supervisor.
7.
If an employee has used more paid leave than s(he) has earned at the time of termination or
resignation, the unearned amount (exclusive of Sick Leave Bank days that have been awarded will be deducted from his/her final paycheck. 8.
If a support staff member meets the eligibility criteria and conditions for retirement after twenty (20) years of continuous employment in the District, (effective at the end of the contract year), (s)he will be eligible for the following. The employee must notify the Office of Human Resource Services in writing indicating they would like to have their eligibility for this option reviewed. Option #1 Payment for up to 100 days of unused leave at the base hourly of their current position. This payment is not PERA includable. Payment will be payable on the employee's final paycheck. In the event of a retiree’s death prior to having received full payment of his/her unused leave, the employee’s designated beneficiary will receive payment for unused sick leave up to 100 days.
Employees may at their discretion donate from their current year’s allocation of paid leave to another employee who has exhausted his/her sick/personal days and sick bank days for documented medical circumstances. Days may be donated for individuals, immediate family members (spouse or child), or documented legal guardianship of. In order to make this benefit to employees that are also costneutral to the District (except for the cost of additional administration through payroll); the following is the formula used. A donation form (GCCAA/GCCBA E-1) may be requested from the Human Resource Services Office. Please see policy GCCAAA, Volunteer Sick Leave Bank for specifics regarding this policy. • Employee donating unused leave: Credit toward total need = daily rate X # of days being donated from current year. •
Employee receiving donated leave: Donor’s daily rate of pay X # of days donated for the year = value of donation
CROSS REF.:
GBGA, Staff Health and Safety GDQB, Resignation of Classified Staff GDQC, Retirement of Classified Staff
Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect July 1, 1983) Revised: July 1, 2003
File: GDCAA
Volunteer Sick Leave Bank The purpose of the volunteer sick leave bank is to provide a source of sick leave for an employee who sustains a serious illness or accident and does not have sufficient sick leave accumulated to cover the period of time when (s)he is unable to work, or for the new employee who likewise sustains a serious illness or accident and has not had the opportunity to accumulate adequate leave. The sick leave bank is not intended to cover all types of absences for which an employee has insufficient leave. REGULATIONS: 1. Any employee who is entitled to sick leave may donate one day of sick leave to the bank and thereby become a member. If the balance in the bank drops below 45 days, the employees
who are members will be asked to donate an additional day to retain their membership and eligibility for this benefit. 2.
Forty days is the maximum sick leave granted to any member from the bank for any one illness/injury. Employees will only be eligible for the number of days they have in their personal sick leave account as of the first of the date of the illness requiring utilization of the sick leave bank. An individual with thirty days of accumulated leave would be eligible for an additional thirty days from the sick leave bank, etc.
3.
To become eligible to use the sick leave bank, the staff member must have used all of his/her accumulated sick leave and must have been on leave without pay for a minimum of six (6) days (related to a specific illness) during a contract year (i.e. July 1 through June 30). Members then are eligible to make written application to the Human Resources Office to use the sick leave bank.
4.
Intermittent leave for the same illness can also draw from the sick leave bank if intermittent treatment is prescribed by physician letter for life threatening illness. The staff member who must have used all of his/her accumulated sick leave and must have been on leave without pay for a minimum of six (6) days during a contract year.
5.
Requests for use must be accompanied by a letter from the attending physician, on the physician's official stationery, stating the individual is not able to perform the normal duties, the duration and seriousness of the illness, and when the employee may be expected to return to work.
6.
At the discretion of the Human Resources Office, the applicant may be asked to submit to a physical examination by a physician chosen by the Assistant Superintendent (or is/her designee). If required, the examination will be at the expense of the School District.
7.
The Assistant Superintendent (or his/her designee) will, in written form, notify the applicant of the action taken on the request to utilize the sick leave bank.
8.
A member employee withdrawing from the sick leave bank or terminating employment may not withdraw contributed day(s).
9.
Open enrollment in the bank is limited to the first month of employment or between September 15 and October 1 of each year.
10.
Staff members receiving or eligible to receive Worker's Compensation or long-term disability benefits, will not be eligible to make application to the Sick Leave Bank.
11.
The following disabilities are excluded from utilization of the Sick Leave Bank: a. intentionally self-inflicted injury while sane; b. alcoholism or narcotics and drug addiction unless such drugs were administered on the advice of a physician; c. commission of a felony; d. elective or cosmetic surgery; e. accident or sickness arising out of and in the course of any occupation for wage or profit.
12.
Licensed employees may at their discretion donate from their current year's allocation of paid leave days to another employee who has exhausted his/her sick days and sick bank days. The employee who wants to donate one or more days may request a Sick Leave Bank Donation Request form from the Human Resource Services Office or access the form on the
District's website, eagleschools.net. The formula for donating unused sick leave is as follows: - Annual Salary divided by number of contract days for the year equals daily rate. Credit toward need of employee with need equals daily rate multiplied by the number of days being donated from the current year. The credit is applied to another employee against that person’s need. The need is established through the following formula: - Hourly rate of pay multiplied by number of hours worked during a day plus cost of base pay for temporary replacement multiplied by number of days required total need. 13.
Donated days must be received in the Office of Human Resource Services within 30 calendar days after the commencement of when the donated days would be utilized. Donated days received after this timeframe will not be processed.
14.
District employees may donate days that they have accumulated only in the current school year (July 1st through June 30th).
15.
If the employee receiving the donated days was not enrolled in the sick leave bank, the employee is required to take 6 days of leave without pay prior to utilizing any days donated to them.
16.
If a separation of employment occurs or if an employee has used their leave days themselves, that employee is not eligible to donate their accumulated days to another employee.
17.
Days can be donated for maternity leave only in instances where it is determined and documented by a physician to be medically necessary.
18.
Days can be donated to individuals that must be absent due to their own documented illness, the documented illness of an immediate family member (spouse or child) or the documented illness of an individual that the employee has documented legal guardianship of.
19.
One employee may have a maximum of 60 days donated to them.
20.
Days can only be donated in the current school year and cannot be carried into the next school year (excluding employee scheduled to work 261 days per year).
Eagle County School District, Re50J Adopted: April 10, 1985 (to go into effect July 1, 1985) Revised: July 1, 2003
File: GDCA-E1
Physician's Statement Regarding Continued Disability NOTE: This form is only used when a request is being made for an absence of three or more consecutive working days (regardless of the number of hours absent each day) due to illness/injury/surgery. Eagle County School District policy requires that if the disability continues and the staff member is requesting sick leave, this form must be completed on a weekly basis. If an employee is unable to have this form completed/signed because (s)he is unable to make an office call, a phone call to the Personnel Office from the physician will suffice until such time that the form can be completed/signed. A copy of the complete sick leave policy is included for the physician's reference.
Date: ________________________________ Patient's Name: __________________________________________________ This is to certify that the above patient is still temporarily disabled as a result of ___________ ________________________________________________ (explain) and is unable to perform his/her normal work duties. It is my professional opinion that this disability will continue commencing
_______________________
and
ending
on
___________________________ (not to exceed 7 calendar days).
__________________________________ Physician's Name __________________________________ Physician's Signature __________________________________ Date __________________________________ Physician's Address __________________________________ Physician's Phone Number
__________________________________ Patient's Signature/Date Signed
Eagle County School District, Re50J Adopted: October 11, 1978 Revised: July 1, 2003
File: GDCB
Support Staff Personal/Emergency/ Legal/Religious Leave The District supports a leave policy that allows employees to be absent from work for personal, emergency, legal, or religious reasons. Requests not covered in this policy may be approved at the discretion of the Superintendent. Personal/Emergency Leave: 1. Three days per year of the sick leave credited may be used for personal leave at the discretion of the staff member and approval of the immediate supervisor.
2. Sick leave will begin accumulating sixty (60) days after the employee has been hired. 3. Personal leave shall not be used to extend a paid or unpaid vacation (i.e., spring break or summer break) or to engage in remunerative activities. If the occasion should arise in which an employee is unable to return to work because of an Act of God, that employee shall have the option of using one personal leave day, a sick leave day (or a vacation day if available) or a day without pay to cover the cost of the unplanned and unavoidable absence. 4. Comp time may be used to extend a vacation or paid holiday with the approval of the employee’s supervisor. 5. Personal Leave or leave without pay can be used if the child of a staff member is participating in a school district sponsored event on a day which extends a vacation as long as a qualified substitute can be provided. Legal Leave: The District recognizes the importance of the jury system in a democracy and the obligation of all citizens to serve as jurors under appropriate circumstances. When a district employee is subpoenaed to testify in court in a case in which (s)he is not a party (unless the case is related to his/her position with the District) or is summoned to serve on a jury, (s)he will be granted leave when such subpoena or summons is verified with no jeopardy to his/her employment or compensation. During any such absence, such employee shall be entitled to receive his/her regular salary and all fringe benefits (s)he would normally receive. 1.
All fees received for each court appearance or services, up to but not in excess of the employee's rate of pay, shall be remitted to the District.
2. Requests for court witness or jury duty leave should be reported to the Substitute Absence Management (SAM) system under the reason “Jury Duty”. Reported absences to SAM for “Jury Duty” must be followed by the leave documentation form completed by the employee with the juror’s certificate attached. This documentation must be send to the payroll department within three days of the reported absence. 3. Substitutes, when necessary, for employees shall be obtained in the usual manner and paid by the District. 4. The Superintendent shall have the authority to request that an employee be excused from service or his/her service delayed provided the special nature of the employee's qualifications would make it difficult to secure an adequate substitute or if the timing of the proposed jury service affords a threat to the welfare of the school or the students concerned. 5. Employees who are released from jury or court witness duty prior to the end of their regular workday shall return to their work assignment. Religious Leave: 1. Leave for religious purposes should be classified as personal leave or leave without pay. Upon returning from or prior to taking leave, the employee shall complete a leave application form indicating the period of time for leave and the reason for the absence (request for reason does not apply to personal leave). This form will then be forwarded to the employee's supervisor(s). LEGAL REF.:
C.R.S. 13-71-119 C.R.S. 13-71-126 C.R.S. 13-71-129
C.R.S. 13-71-132 through 13-71-134 Eagle County School District, Re50J Adopted: May 24, 1983 Revised: July 1, 2003
File: GDCC
Support Staff Maternity/Paternity/Child Care Leave Maternity Leave: 1. Maternity leave is leave granted to a female support staff employee during the period of her pregnancy and/or for the period of time a female employee is temporarily disabled caused by or contributed to by her pregnancy, miscarriage, abortion, adoption or childbirth. Maternity leave may be paid or unpaid leave in accordance with the provisions set forth below. Adoptive parents may choose to take some of their Family and Medical Leave Act (FMLA) entitlement as paid or unpaid leave. A female employee is considered temporarily disabled or sick for up to 6 weeks for a vaginal delivery and for up to 8 weeks for a c-section. Policy GDCAA, Volunteer Sick Leave Bank may be accessed by the female employee during the specified period of time that has been identified as being temporarily disabled or sick for each type of delivery. The amount of personal paid leave and sick leave that the employee has accumulated may be accessed according to Policy GDCAA, Volunteer Sick Leave Bank for up to a total of twelve (12) calendar weeks. 2.
Maternity leaves of absence shall be granted subject to the following conditions: Upon written request, a pregnant employee shall be granted maternity leave, with or without pay as in this policy, at the employee's option, to begin at any time after the commencement of pregnancy and to end on the date the temporary disability caused by or contributed to by the pregnancy, miscarriage, abortion, or childbirth ceases. Except in cases of extreme emergency, the employee shall give her supervisor written notice of her intention to take such leave no later than the fifth month of pregnancy. The notice shall also include the expected duration of the leave, as well as a physician's statement certifying the pregnancy (utilize form GDCC-E1, which is available from the District Office).
3.
If, at the commencement of maternity leave, the employee's physician certifies in writing that the employee's absence is the result of a temporary disability caused by or contributed to by the pregnancy, miscarriage, or childbirth, the employee may elect to be paid for the number of sick leave days which she has accumulated while such temporary disability exists. A physician's statement verifying the continuing conditions of temporary disability will also be necessary.
4.
An employee on approved FMLA leave with pay will continue to receive the same level of health benefits that they received prior to their approved leave for a maximum total of twelve (12) calendar weeks.
Paternity Leave 1. Paternity leave may be granted to a male support staff employee during the time his spouse/mate has given birth or has had a miscarriage or abortion. Paternity leave may also be granted for adoption. Paternity leave may be paid or unpaid as provided in the regulations below:
a. Paternity leave requested solely for the purpose of babysitting (well child care) shall be unpaid. b. Accumulated sick leave days may be used for paid Paternity leave. For a request of over five (5) consecutive days of Paternity Leave a physician’s statement, certifying to the need for the father to be at home, is required. 2. An employee wishing to extend maternity or paternity leave beyond the time that can be deducted from sick leave should refer to Policy GDCF - Extended Leaves, or Policy GDC Family Medical Leave. 3. No credit toward experience increments will occur during the period of unpaid leave that lasts longer than 90 contract days. CROSS REF.:
GCCAAA, Volunteer Sick Leave Bank GDC, Professional/Staff Leaves and Absences GDCF, Extended Leaves
Eagle County School District, Re50J Adopted: April 10, 1985 Revised: July 1, 2002
File: GDCC-E1
Physician's Statement Regarding Pregnancy This is to notify the Eagle County School District that ___________________________ (Patient's Name) is pregnant. The approximate date of delivery is _________________________, and it is my opinion that if the pregnancy is normal, ______________________________ will not (Patient's Name) physically be able to work _______ (No.) days prior to delivery and ______ (No.) days following delivery (these figures should NOT take into consideration bonding, etc., but should only consider the temporary physical disability caused by or contributed to by her pregnancy). __________________________________ Physician's Name __________________________________ Physician's Signature __________________________________ Date __________________________________ Physician's Address __________________________________ Physician's Phone Number
__________________________________ Patient's Signature I would like to activate the sick leave bank if I meet the requirements to do so as defined in Policy GCCAAA, Volunteer Sick Leave Bank. (Please initial) NOTE: Please refer to Policy GDCA - Sick Leave Policy Eagle County School District, Re50J Adopted: April 10, 1985 (to go into effect July 1, 1985) Revised: July 1, 2002
File: GDCC-E2
Physician's Statement Regarding Continued Disability Related to Pregnancy, Childbirth, or Miscarriage NOTE: This form is only to be used when a request is being made for an extension of the thirty days normally allowed following pregnancy, childbirth, or miscarriage. Eagle County School District policy requires that if the disability continues and the staff member is requesting sick leave, this form must be completed on a weekly basis. A copy of the complete sick leave policy is included for the physician's reference. Patient's Name: _______________________________
Date: ___________
This is to certify that the above patient is still temporarily disabled as a result of pregnancy/ childbirth/miscarriage (circle one) and is unable to perform her normal work duties. It is my professional opinion that this disability will continue commencing _________________________________and ending on ___________________________ (not to exceed 7 calendar days). Please include a brief statement as to why this person's disability has continued beyond the normally allowed thirty days, which was caused or contributed to by pregnancy, childbirth, or miscarriage: _____________________________________________________________________ _____________________________________________________________________ __________________________________ Physician's Name
______ Date
__________________________________ Physician's Signature
______ Date
__________________________________ Physician's Address __________________________________ Physician's Phone Number __________________________________
______
Patient's Signature
Date
I would like to activate the sick leave bank if I meet the requirements to do so as defined in Policy GCCAAA, Volunteer Sick Leave Bank. (Please initial) Eagle County School District, Re50J Adopted: March 11, 1987 (to go into effect July 1, 1987) Revised: March 22, 1989 (to go into effect on July1, 1989)
File: GDCD
Classified Staff Military Leave The Eagle County School District Board of Education supports a policy that allows employees to participate in a military reserve program. REGULATIONS: 1.
Employees who need to be absent from their regular duties because of military reserve service shall be allowed to: a. b. c.
2.
Use their accrued vacation for military leave (if applicable). Take leave without pay for the military leave. Take a combination of accrued vacation time and leave without pay (if applicable).
Employees who are activated for military service during their term of employment shall be entitled to the following: a. b.
Leave from their duties without pay and/or use of accrued vacation days (if applicable). The right to their job or a comparable job upon return for military service.
3.
Employees who are absent from their regular duties because of military reserve service shall be entitled to all salary and step increases they would receive had they not been absent from their duties.
4.
Employees who participate in a military reserve program shall be guaranteed time off for military service provided that a leave request is completed and signed by the appropriate people. Employees are encouraged to communicate to their supervisor(s) the dates of military leave as early as possible.
Eagle County School District, Re50J Adopted: May 25, 1994 (to go into effect July 1, 1994) Revised: August 24, 1994 Certification of Physician or Practitioner (Family And Medical Leave Act Of 1993) 1.
Employee's name
2.
Patient's name
3.
Diagnosis
4.
Date condition commenced
File: GDC-E
5.
Probable duration of condition
6.
Regimen of treatment to be prescribed. Indicate number of visits, general nature and duration of treatment including referral to other providers of health services. Include schedule of visits or treatment if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee's normal schedule of hours per day or days per week. a.
By physician or practitioner
b.
By another provider of health services if referred by physician or practitioner.
If this certification relates to care for the employee's seriously ill family member, skip items 7, 8 and 9 and proceed to items 10 through 14. Otherwise continue below. Circle Yes or No below as appropriate. 7.
Yes
No
Is in-patient hospitalization of the employee required?
8.
Yes
No
Is employee able to perform work of any kind? If "no" skip item 9.
9.
Yes
No
Is employee able to perform the functions of employee's position? Answer after reviewing statement from employer of essential functions of employee's position or if none provided after discussing with employee.
For certification relating to care for the employee's seriously ill family member, complete items 10 through 14 below as they apply to the family member and proceed to item 17. 10.
Yes
No
Is in-patient hospitalization of the family member (patient) required?
11.
Yes
No
Does or will the patient require assistance for basic medical needs, hygiene, nutritional needs, safety or transportation?
12.
Yes
No
After review of the employee's signed statement (item 14 below), is the employee's presence necessary or would it be beneficial for the care of the patient? This may include psychological comfort.
13.
Estimate the period of time care is needed or the employee's presence would be beneficial.
14.
Signature of physician or practitioner
15.
Date
16.
Type of practice (field of specialization, if any)
Item 17 is to be completed by the employee needing family leave. 17.
When family leave is needed to care for a seriously ill family member, the employee must state the care he will provide and an estimate of the time period during which this care will be provided including a schedule if leave is to be taken intermittently or on a reduced leave schedule.
Employee signature Date Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect on July 1, 1983) Revised: July 1, 2009
File: GDCE
Support Staff Conferences/Training/Workshops The Eagle County School District Re50J Board of Education encourages staff members to continue their job related training and desires to reflect this value in its policies and procedures. The Superintendent (or his/her designee) may grant leaves for employees to attend conferences, workshops, conventions, etc., related to the employee's work. With prior approval of the Superintendent (or his/her designee), professional leave related to the employee's work may be granted without payroll deductions. REGULATIONS: 1. When feasible, professional growth activities should be scheduled at a time when school is not in session. 2.
Request for professional leave must have the approval of one's supervisor(s) and must be reported to the Substitute Absence Management (SAM) system prior to the beginning of the leave (i.e. Travel and Trip Report and Professional/Field Trip Justification Report).
3.
Decisions regarding professional leave requests will be made by the supervisor(s) on an individual basis. Decisions should focus on the District philosophy, District goals and objectives, and individual needs. Consideration should also be given to prior utilization of professional leave, sick leave, and personal leave.
4.
Budgetary balances and/or constraints may limit professional leave opportunities.
5.
Employees of the Eagle County School District will not be granted professional leave to engage in activities for which they will be remunerated.
6.
The Eagle County School District has the right to pay all expenses necessitated by a professional growth experience, to pay part of the expenses, or to pay none of the expenses. The amount of expenses to be paid by the District should be agreed to in conjunction with the professional leave approval.
Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect on July 1, 1983) Revised: July 1, 2003
File: GDCF
Support Staff Extended Leaves (Includes Parental/Childcare Leave) Decisions regarding extended leave requests should be made in a manner that ensures that the leave will not have a negative impact on the District. Leave requests will not be granted or there may be a limit as to the duration of the leave if there is a concern that a suitable replacement cannot be employed. Serious consideration will be given to request for extended leaves for the following reasons (this list is in general order of priority):
1.
Leave requests to accommodate physical, mental health needs, or leaves to accommodate pregnancy, parental leave, or adoption.
2.
Leave requests so that staff members may acquire job-related training.
3.
Requests that do not fall into one of the above categories will be considered on an individual basis by the Superintendent (or his/her designee), based on the recommendation of the supervisor(s).
The staff member making such a request shall state in writing which of these reasons apply. If the reasons change during the course of the extended leave, employment may be terminated. Requests for extended leave to seek other employment or to be gainfully employed by another entity will not be granted. REGULATIONS: 1. Extended leave requests must be in writing and must have the approval of the Superintendent (or his/her designee). The Superintendent shall consult with the staff member's supervisor(s) prior to making a recommendation to the Board of Education. Except in cases of an emergency, the request for leave of absence must be submitted at least thirty (30) days prior to the date upon which the leave is requested to begin. In the case of parental leave, the request must be submitted at least sixty (60) days prior to the date upon which the leave is requested to begin. 2.
Extended leave requests should not be for more than one calendar year in length. The Board of Education should be careful not to allow an excessive number of simultaneous leaves that could have a negative impact on the District.
3.
Employees should not request extended leaves unless it is clear that they plan to return to the District or have a desire to return to the District at the end of the extended leave.
4.
Unless health or pregnancy leave is involved, consideration of extended leave requests will be given to employees who have worked for the District at least three (5) years.
5.
Leave requests will not be granted or there may be a limit in the duration of the leave if there is a concern that a suitable replacement cannot be employed. Extended leaves of absence are granted without salary or insurance benefits.
6.
If the employee is granted extended leave and works at least fifteen (15) days of the month, the remainder of that month's insurance will be paid by the District. Those granted extended leaves may choose to pay the premiums necessary to remain in the District’s health and dental insurance program. Payments for continuation of these benefits must be received by the Payroll Office on or before the first of each month.
7.
Employees returning to the District after an extended leave should be given the same position upon their return if possible. When this is not possible, the returnee will be given the most comparable job available for which (s)he is qualified unless Policy GDQA (Reduction in Force) applies. The employee is responsible for notifying the Human Resource Office in writing no later than 30 days prior to the end of the leave as to whether or not (s)he plans to return to his/her position.
8.
Those granted extended leaves will retain their accumulated sick leave, but will not earn additional sick leave during the term of the extended leave.
9.
Prior to resuming duties on return from an extended leave for health reasons, the Superintendent may require the staff member to present a statement from a physician that the staff member is physically and/or mentally able to resume the normal duties required of his/her assignment. If requested by the Superintendent, confirmation of the physician's statement by another physician selected by the Superintendent may be required at the expense of the District. Maternity, as used herein, includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom.
10.
In the case of parental leave in which the parents decide that one parent should spend a period of time not to exceed one year providing child care, it will be left to the discretion of the family as to whether that person will be the father or the mother (refer to Policy GDCA Support Staff Sick Leave, regarding utilization of sick leave for maternity leave).
11.
Extended leaves, when possible, will be filled by a replacement who is given an interim position.
Eagle County School District, Re50J Adopted: January 26, 1983 Revised: July 1, 2007
File: GDCG*
Procedures for Support Staff Employees for Inclement Weather and School Closings Eagle County Schools first priority in the advent of inclement weather is to ensure the physical safety of all students and employees. At the same time, Eagle County Schools does not want the wages of support staff employees to be adversely affected by inclement weather or other conditions beyond the control of the employee. The following regulations are an effort to ensure the physical safety of people, the financial security of people, and effective use of staff time. REGULATIONS: 1. The supervisor of any support staff employee will determine whether or not the employee should report for duty when a school/office has been closed because of inclement weather or other school closing. 2.
Employees are expected to respond to the requests of their supervisor(s) unless there is sincere concern for their physical safety.
3.
Employees not requested or able to report for duty due to inclement weather or other school closing may have the opportunity to make up the time missed if and when there are suitable activities to be performed within Eagle County Schools. The hours will be jointly determined by the supervisor and the supervisee with the final authorization resting with the supervisor. This regulation will apply to bus drivers, but only when there is a task that the supervisor has determined needs to be done and the person volunteering to perform that task is qualified to do so. The hours and tasks will be jointly determined by the supervisor and the employee, with the final authority resting with the supervisor.
4.
Accurate records/documents will be kept in a file by each supervisor, and it will be the responsibility of the supervisor and the employee to monitor the make-up of the time missed as recorded in the time management system.
5.
The supervisor and employee may reach mutual consent that the time will not be made up and that the pay will be deducted by the Payroll Office as documented in the time management system and/or the absence management system. In such cases, it will be the responsibility of the supervisor to contact the Payroll Office to make all of the necessary calculations regarding wages. Another alternative might be to use accrued paid leave or vacation time so that wages will not be lost even if the time extends a holiday or to days school is not in session.
6.
If a bus driver has arrived at a bus barn or has started his/her route prior to being notified that school will not be in session, (s)he will be paid in the amount of one hour's pay or the amount of time it would take him/her to normally complete a trip from home to work and back to home, whichever is more.
Eagle County School District, Re50J Adopted: June 13, 1990 (to go into effect on July 1, 1990) Revised: July 1, 2009
File: GDCH
Support Staff Leave for Volunteer Work The Board of Education recognizes the importance of employees becoming involved in voluntary organizations within the Eagle County School District and encourages participation in those organizations when that involvement does not interfere with one's work assignment. REGULATIONS: 1. An employee who wishes to become involved in a volunteer organization that may require the employee to be absent from his/her normal duties shall meet with his/her supervisor (a) to obtain the supervisor's approval and (b) to reach mutual consent regarding how the time will be made up and/or compensated. An employee may volunteer eight (8) hours per month if no substitute is needed in his/her absence. If a substitute is needed, the employee is responsible for scheduling a volunteer substitute. 2.
Employees who need to be absent from their regular duties because of volunteer work shall be allowed (with supervisor's consent) to: a.
Use accrued vacation time;
b.
Use paid leave (according to Policy GDCB);
c.
Arrange to work compensatory time;
d.
Take leave without pay
Decisions regarding this regulation shall be determined by the supervisor. 3.
Employees who are absent from their regular duties because of volunteer work shall have the approval of one’s immediate supervisor and shall report the absence to the Substitute Absence Management (SAM) system prior to its start.
4.
Requests not covered in this policy or that are based on extenuating circumstances may be approved at the discretion of the supervisor.
5.
In situations where the supervisor and employee cannot arrive at a mutually agreeable arrangement, the decision of the supervisor may be appealed to the Superintendent or his/her designee.
Eagle County School District, Re50J Adopted: August 23, 1994
File: GDC-R
Support Staff Leaves and Absence (Federally-mandated Family Leave) Notification and reporting When the need for leave for the birth or adoption of a child or for planned medical treatment is foreseeable, the employee must provide at least 30 days prior notice unless circumstances dictate otherwise. With respect to foreseeable treatments of an employee's family members, the employee must make a reasonable effort to schedule treatment so as not to disturb district operations. In cases of illness, the employee is required to report periodically on his leave status and intention to return to work. Basic conditions The district will require medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse or parent. The basic certification will be sufficient if it contains the date on which the condition commenced, the duration of the condition and any appropriate medical information. For an employee's own medical leave, the certification also must include a statement that the employee is unable to perform the functions of his position. For leave to care a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. In its discretion, the district may require a second medical opinion and periodic recertification at its own expense. If the first and second opinions differ, the district at its own expense may require the binding opinion of a third health care provider approved jointly by the district and the employee. A "Request for Family and Medical Leave of Absence Form" must be originated by the employee. This form should be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approval, and forwarded to the personnel department. If possible, the form should be submitted 30 days in advance of the effective date of the leave. All medical information provided to the district through this process shall be treated as confidential. Reinstatement Employees who have taken leave due to a personal health condition will be required to provide certification by their physician that the employee is able to resume work. In addition, the district reserves the right to consult with a public health official if there is any question about possible transmission of a disease in the school setting. Repayment of benefits In the event that an employee elects not to return to work upon completion of an approved unpaid
leave of absence, the district may recover from the employee the cost of any payments made to maintain the employee's group health insurance coverage unless the failure to return to work was due to a continuation, recurrence or onset of a serious health condition as certified by a physician that entitles the employee to leave or for other reasons beyond the employee's control. Benefit entitlement based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2013
File: GDD
Support Staff Vacations and Holidays Vacations: Non-administrative, support staff who are employed four (4) or more hours per day for twelve (12)months (261 days) shall earn 5/6 of a working day (the equivalent of ten (10) working days per year) paid vacation at the end of each month. Employees who are employed in any combination of jobs that result in year round employment of 4 or more hours per day 261 days a year shall earn 5/6 of a working day paid vacation based on the number of hours that are constant throughout the year. For example, a 6 hour per day position 183 days per year (school year including breaks) combined with an 8 hour per day position 78 days per year (summer) will receive paid vacation leave for their 261 days of employment based on the 6 constant hours per day position for a total of 5 hours of paid vacation per month or 60 hours per year paid vacation (5/6 x 6 constant hours = 5 hours per month of earned vacation). After five (5) years of service, an employee will receive vacation as follows: 6-10 years 11 years 12 years 13 years 14 years 15 years
15 days per year 16 days per year 17 days per year 18 days per year 19 days per year 20 days per year (maximum)
Vacation days shall be cumulative up to the number of days that can be earned in eighteen (18) months. Any vacation time earned prior to the present eighteen (18) months will be forfeited, unless the employee's supervisor approves a request for extension and the Superintendent endorses the extension. Extensions will be granted only in unusual and/or extreme circumstances. Except in extenuating circumstances that have the approval of the Superintendent, employees will not be paid for accrued vacation leave unless they have resigned or have been terminated from employment with the District. Employees who resign or are terminated from employment with the District will be entitled to compensation for any accrued vacation time. Holidays: Full-time (12 month) support employees will receive eleven (11) paid holidays each year. Part-time support employees will receive those holidays that fall during their term of employment. If any of the designated holidays fall during the period of employment, a support staff employee shall be paid for his/her regular day's work. In the event any of these days fall on a weekend, an alternate day shall be established pursuant to the school calendar for each year. Substitute and temporary employees are not eligible for paid holidays. Because the school calendar changes from year to year, holidays for support employees will be designated on an annual basis and
included as an exhibit to this policy. Specific holidays for support staff will be determined at the time the school calendar is adopted each year. LEGAL REF.:
C.R.S. 22-1-112
CROSS REF.:
GDQB, Resignation of Classified Staff IC/ICA/ICD, School Year/School Calendar/School Day
Eagle County School District, Re50J Adopted: January 23, 1992 Revised: July 1, 2013
File: GDD-E1
Support Staff Paid Holidays The following holidays have been designated as paid holidays for eligible employees when those holidays fall during the employee's period of employment: Labor Day Thanksgiving Day and the day after Winter Vacation (2days @ Christmas) New Year's Day Martin Luther King Day Presidents' Holiday Memorial Day Fourth of July
1 day 2 days 2 days 2 days 1 day 1 day 1 day 1 day
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: GDE/GDF
Support Staff Recruiting and Hiring The Board shall establish and budget for support staff positions on the basis of need and the financial resources of the District. The recruitment and selection of candidates for these positions shall be the responsibility of the Superintendent (or his/her designee) who shall confer with principals and other supervisory personnel in making a selection. Only qualified paraprofessionals, as defined by the No Child Left Behind Act of 2001, shall be hired to provide instructional support for students in Title I Schoolwide and Targeted Assistance Programs. All vacancies shall be made known to the present staff through vacancy notices sent to each facility and posted on the District’s website. Anyone who believes him/herself qualified for a position may submit an application. Regularly-employed staff members who do not work year-round will be given first preference for summer jobs if they meet the job requirements. Prior to hiring any person, in accordance with state law, the District shall conduct background checks with the Colorado Department of Education and previous employers regarding the applicant’s fitness for employment. In addition the Colorado Bureau of Investigation conducts a Criminal Background Check when the District submit the fingerprints. In all cases where consumer reports are used in the hiring process the District shall comply with the Fair Credit Reporting Act.
In the selection of Head Start funded positions, consistent with federal Head Start regulations, first consideration will be given to current or former qualified parents of children who have been enrolled in the Head Start program. All hiring, resignations and terminations of personnel supervised by the Director of Early Childhood must be approved by the Board of Education. The approval of the Board of Education is contingent upon the approval of the Head Start Policy Council. Credit Reports The Human Resource Services Office will not obtain a credit report on an applicant unless the office has first notified the individual in writing, in a document consisting solely of the notice, that the District would like to obtain a credit report and is requesting the individual’s written authorization to obtain the report. A credit report will only be requested when the applicant submits a written authorization. The Human Resource Services Office will not rely on a credit report in denying an application unless the office has first supplied the applicant with a disclosure that includes a copy of the credit report and a summary of the applicant’s rights. If an application for employment is denied because of the credit report, the Human Resource Services Office will give the applicant notice that the action has been taken, as well as: A. the name, address and phone number of the credit bureau supplying the report; B. a statement that the credit bureau was not involved in the decision to deny the application; and C. a notice of the individual’s right to dispute the information in the report. All applicants recommended for a position in the District shall submit a set of fingerprints. (This requirement shall not apply to any student currently enrolled in the District applying for a job.) Applicants may be conditionally employed prior to receiving the fingerprint results. The Board shall officially appoint all employees upon the Superintendent’s recommendation; however, temporary appointments may be made pending Board action. Upon hiring of any employee child support information required by federal and state law will be forwarded by the District to the appropriate state agency. REGULATIONS: Background Checks 1. The Colorado Department of Education and/or the Colorado Bureau of Investigation will determine if there is any information on record indicating the applicant has been convicted of a felony or misdemeanor involving unlawful sexual behavior or unlawful sexual behavior involving children or a misdemeanor crime that involves domestic violence. These records will indicate if the applicant has been convicted of, pled nolo contendere to or received a deferred sentence for such crimes. The Colorado Department of Education will provide any available information to indicate whether the applicant has been dismissed by or resigned from a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior which was supported by a preponderance of evidence according to information provided to the department by a school district and confirmed by the department in accordance with state law. Information of this type that is learned from a different source shall be reported to the Human Resource Services Office. The Department will not disclose any information reported by a school district unless and until the Department confirms that the allegations resulted in the person’s name being placed on the
state central registry of child protection. 2. The District may contact a minimum of at least three previous employers of the applicant to obtain information or recommendations relevant to the applicant’s fitness for employment. Fingerprinting 1. All applicants selected for employment in a support staff position except as noted in #6 below must submit a complete set of fingerprints taken by a qualified law enforcement agency or an authorized district employee and a notarized completed form (described in 2 below) as required by state law. 2. On the form the applicant must certify either that s/he has never been convicted of a felony or misdemeanor charge, not including any misdemeanor traffic offense, or that s/he has been convicted of a felony or misdemeanor charge (not including any misdemeanor traffic offense). The certificate must specify the felony or misdemeanor, the date of conviction and the court entering judgment. 3. The District will release the fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation. 4. Although an applicant may be conditionally employed prior to receiving the results, s/he may be terminated if the results are inconsistent with the information provided on the form. The District will notify the District Attorney of such inconsistent results for action or possible prosecution. 5. The District will charge the applicant a nonrefundable fee to cover the direct and indirect costs of the appropriate fingerprint processing. 6. Fingerprints are not required for students currently enrolled in the District applying for a job. Information Report to State 1. In accordance with federal and state law, the Human Resource Services Office will report the name, address, and social security number of every new employee to Child Support Enforcement, 1375 Sherman Street, Denver, Colorado 80203. 2. This report, due within 20 days of the date of the hire or on the first payroll after the 20 days have expired, shall be submitted even if the employee quits or is terminated before the report is due. Upon termination, the employee’s last known address and the fact of the termination shall be reported to the applicable court or agency. 3. Upon receiving a Notice of Wage assignment, the District shall remit the designated payment within 7 days of withholding the income according to instructions contained in the Notice. Child support withholding takes priority over the other legal actions against the same wages. Title I Paraprofessionals Prior to hiring paraprofessionals to work in Title I Schoolwide or Targeted Assistance Programs, the personnel office, in conjunctions with the hiring supervisor, shall determine whether the applicant meets the qualifications required under federal law and regulations. LEGAL REF.:
C.R.S. 14-14-111.5 (Child Support Enforcement procedures) CRS 22-2-119 (duty to make inquiries prior to hiring) CRS 22-32-109(1)(f) (Board duty to employ personnel) CRS 22-32-109.7 (duty to make inquiries prior to hiring)
CRS 22-32-109.8 (fingerprinting requirements for non-licensed positions) CRS 24-34-402(1) (discriminatory and unfair employment practices) 42 U.S.C. 653 (a) (Personal Responsibility and Work Opportunity Reconciliation Act) 15 U.S.C. 1681 et seq. (Fair Credit Reporting Act) 20 U.S.C. 1119 (No Child Left Behind Act of 2001) 34 C.F.R. 200.58, 200.59 (federal regulations regarding paraprofessional qualifications) CROSS REFS.:
GBA, Open Hiring/Equal Employment Opportunity GDA, Support Staff Positions GDAA*, Title I Paraprofessionals
NOTE: The Board may adopt a resolution declaring a critical shortage of nonlicensed employees enabling the district to hire persons who are receiving retirement benefits. See C.R.S. 22-32-109, 24-51-1101 and 1103.5, and 22-64-111, 211 and 218. Note: District personnel shall submit the name, date of birth and social security number for each nonlicensed employee to the Colorado Department of Education (CDE) as required by state law. The district shall notify CDE at the beginning of each tri-mester about nonlicensed persons who are no longer employed by the district. The purpose of this reporting requirement is to keep a central data base at CDE so the Colorado Bureau of Investigation (CBI) can communicate with the district about any criminal activity involving school district employees whose fingerprints are on file with the CBI. Eagle County School District, Re50J Adopted: June 12, 1991 (to go into effect July 1, 1991) Revised: July 1, 2002
File: GDG
Support Staff Part-Time and Substitute Employment The Human Resource Services Office shall maintain an authorized list of support staff to be used for substitute or part-time employment. The Superintendent shall notify and direct persons on the list to perform such service for the District as may be required on a temporary basis. The Principals shall notify and direct persons to perform as substitute teachers or perform other duties on a temporary basis as needed. The Board shall approve such action at the next regular meeting. Authorization by the Board of Education to pay support staff who are performing services on a temporary basis shall constitute employment by the Board for services provided during the period of time covered by such payment. Such payment shall not constitute any assurance or offer of continuing employment without specific Board action. Prior to adding a person's name to the list, a background check shall be carried out in accordance with state law. Part-time and substitute support staff also shall submit a set of fingerprints and a notarized form with information about felony or misdemeanor convictions. Persons failing to provide this information shall not be added to the authorized list.
Every person placed on the authorized list shall be given a copy of this policy prior to performing services pursuant to this policy. REGULATIONS: 1.
Employees who are placed in a temporary or substitute position must be approved by the Board of Education.
2.
Temporary and/or substitute employees will be paid at the base pay rate for the temporary position in which they are working with the following exceptions: a. If an employee of the District temporarily assumes a positions of greater responsibility, (s)he will be paid at his/her current salary for the first five (5) consecutive work days. After five (5) consecutive work days, (s)he will be paid at the base pay rate for that temporary position unless placing the employee at the base pay rate would result in a decrease in the hourly wage; in this instance, the employee would be placed at the pay grade in the new responsibility level that is just above the pay received in the lesser position. b. In the event of an unexpected leave, i.e., sudden illness or termination, the five-day limit may be waived by the Assistant Superintendent if the temporary employee is assuming full responsibility on the first day. c.
Support staff employees who have (a) worked as a substitute or temporary employee in one position for a minimum of 3 consecutive years AND a minimum of 100 days and (b) who have received a positive evaluation from their supervisor will be eligible for an increase equivalent to one year of experience in the pay range for that position as a substitute or temporary employee. Substitute or temporary employees that obtain a regular position will be eligible for a years experience on the classified salary schedule for those years as a substitute where they worked 100 days or more in that same position as a substitute or temporary employee. A substitute or temporary employee who believes (s)he has met these criteria must make written application to the Human Resource Services Office. The salary increase will take effect when the application has been verified and approved and will not be retroactive.
LEGAL REF.:
C.R.S. 22-32-109.7 C.R.S. 22-32-109.8
CROSS REF.:
GDBA--Classified Staff Salary Schedule
Eagle County School District, Re50J Adopted: May 12, 1982 (to go into effect on July 1, 1982) Revised: July 1, 2009
File: GDH
Support Staff Orientation and Training Employees are more effective if and when they have accurate expectations as to their employment. A proper orientation to the District should have the effect of minimizing anxieties and of the minimizing wasted efforts. New employees should be given ample information regarding the Eagle County School District, its goals, its policies, and its norms.
REGULATIONS: 1.
There shall be a District orientation to include, but not be limited to: a. The District philosophy b. The District goals and objectives c. The completion of all payroll/personnel employment forms d. The personnel services and other services available from the District Office e. Discussion of the make-up of the building/department
2.
There shall be a building/department-level orientation to include, but not be limited to: a. The building/department level goals b. A review of relevant District policies and training manuals c. The District mail service d. A tour of the building and discussion of the make-up of e. Discussion of the make-up of the building/department
3.
School/department supervisors are urged to implement a "mentor system" which teams a new employee with an experienced employee.
Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect on July 1, 1983)
File: GDJ
Classified Staff Assignments and Transfers Although the Board of Education retains the legal right to assign classified staff to positions in which the Board thinks they can best serve the School District (based upon the recommendations of the administration), consideration should also be given to the personal needs of the classified staff member(s) involved. Notification will be given as soon as possible that transfers are being considered, and decisions regarding transfers will also be communicated in a timely manner. LEGAL REF.:
C.R.S. 22-32-126 (3)
CROSS REF.:
GDBA -- Classified Staff Salary Schedules GDO -- Evaluation of Classified Staff
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 1999
File: GDK
Classified Staff Schedules and Calendars The regular work schedule shall not exceed eight hours per day or 40 hours per week. The work week begins Sunday at 12:01 AM and ends Saturday night at 12:00 PM. Time schedules for arrival and departure shall be fixed by the administrator directly in charge and approved by the Superintendent (or his/her designee). CROSS REF.:
GDBC -- Overtime and Compensation Time Policy
Eagle County School District, Re50J Adopted: May 24, 1983 (to go into effect on July 1, 1983) Revised: July 1, 2007
File: GDL
Support Staff Work Load The number of hours per day, the number of days per week, and the number of weeks of employment per year should be determined by District needs and job requirements. All support staff members will be required to enroll in and utilize the Eagle County Schools time management system. REGULATIONS: 1.
All support staff employees are required to punch in and out at the time clock to accurately record the employee’s hours worked. This not only includes the beginning and the end of the work day, but at any meal time in which the employee physically leaves the building or when an employee is switching jobs. Punching in and out procedures are posted at each time clock.
2. Support staff employees are responsible for the accuracy in the proper recording of their hours worked and owed by the District. Time sheets can be printed as necessary by the employee or the Office Manager to enable any employee the opportunity to review their current hours. 3. On occasion an employee may forget to punch in or out. When this occurs, the employee should promptly report this to their Supervisor or his/her designee who will make a request to the Business Services Department for a manual adjustment. Any employee with manual adjustments or edits in excess of one date per pay period will be subject to the following progressive disciplinary action from their Supervisor: •
First offense – verbal warning;
•
Second offense – written warning;
•
Third offense – written warning;
•
Fourth offense – final written warning; and
•
Fifth offense – termination.
For purposes of this policy, any employee who completes a consecutive three month period of no manual edits that had previously been subject to progressive discipline shall have that previous warning nullified. 4. Falsification of time records is grounds for disciplinary action, up to and including immediate dismissal. Falsification includes punching in for another employee, asking another employee to punch in for you, or falsifying your own time worked, whether intentionally or accidentally by punching for hours you did not work. 5. In accordance with Colorado State statutes, any employee working more than 5 hours per day must be granted and must take a designated lunch break for a minimum of 30 minutes. The time
designated as the lunch break does not constitute part of the employee's work day. 6.
In addition to a lunch break, full-time employees, whenever possible, shall be granted and shall take a 10 minute paid break in accordance with the following guidelines: Employees who work 7 or more consecutive hours per day (disregarding the lunch break) shall be entitled to two 10 minute breaks per day. Employees who work more than 4 but less than 7 consecutive hours per day (disregarding the lunch break) shall be entitled to one 10 minute break per day. Supervisors or his/her designee are responsible for determining the most appropriate time for an employee to take a break; however, breaks will not be used to alter the starting time or ending time of the employee's regular work day.
7.
When a part-time District employee is the most qualified person for another part-time position in the District, and when the second position does not interfere with the time needs of the initial position, the District should combine positions so as to create a full-time or near full-time position. The combined positions cannot total more than 8 hours per day or 40 hours per week. Final recommendations to the Board of Education will be made by the Superintendent (or his/her designee).
CROSS REF.:
GDBC - Overtime and Compensation
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: July 1, 2009
File: GDO
Evaluation of Support Staff The development of a strong, competent support staff is essential to the smooth functioning of a school district. The Board expects all employees to make continuous efforts to improve their work and expects their supervisors to assist them through supervision and evaluation processes. The district has adopted an evaluation system designed to ensure the highest quality of services for the district’s students, staff and community. This system shall assist supervisors and support staff employees in understanding the evaluation process. However, support staff employees, unless otherwise designated by contract, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy. Nothing in this policy shall diminish the district’s ability to employ support staff members only for such time as the district is in need of or desirous of the services of such employees. The district reserves the right to discipline or terminate the employment of a support staff employee without regard to the outcome of any past or pending evaluation or whether evaluations have been conducted. Although the evaluation process must be utilized to make decisions regarding continued employment with the Eagle County School District, it is the intent of the District to make the evaluation process as stress-free and growth-producing as possible. A job description should be written for each support staff position in the Eagle County School District. In most cases, both the supervisor and the supervisee will have input into changes in the content of a job description. However, the Assistant Superintendent, as the Superintendent's designee, is the final authority regarding support staff job descriptions. The evaluation criteria and
the evaluation form are an accurate reflection of that job description. REGULATIONS: 1. The supervisor shall give each employee a copy of his/her job description for the position(s) for which (s)he is employed. Job descriptions can also be located in the employee portal and on the District website. 2.
All new staff members and staff members in a new assignment will be formally evaluated a minimum of one time in the first three months of his/her employment. At the time, of the initial evaluation, the employee will be told if they will be offered an on-going position with the Eagle County School District. The purpose of the three (3) month training period is to permit the training and observation of the newly-hired employee in the new job setting and to determine the employee's suitability for the particular job. Bus Drivers. Upon completion of the initial phase of the training period, the trainee changes status to "bus driver," for the completion of the three (3) month training period. Bus Drivers will be placed at the base wage in the respected pay grade until they have completed their training period.
3.
Each support staff employee will be formally evaluated a minimum of once each year. The required evaluation for each year must be completed no later than May 1. If more than one evaluation is conducted each year, the evaluation nearest to May 1 will be used to determine the performance adjustment for that year. A copy of the evaluation, in written form and signed by the employee and all supervisors, will be given to the employee, and a copy will be placed in the file of the supervisor. The evaluation will be reviewed by the supervisor's supervisor and the Assistant Superintendent (or designee), and a copy of the evaluation will be retained in the personnel file of the employee.
4.
The official job description in the form of an evaluation instrument will be utilized as one (1) component of all formal evaluations. Other, more detailed, supplementary forms may also be used. Employee self-evaluations and supervisor/supervisee evaluations may also be included in the process.
5.
Each support staff employee will be evaluated on the performance of the responsibilities listed in his or her position description. The effectiveness of the employee in carrying out duties is assessed on the basis of the performance factors included on the evaluation report. Performance indicators will be established in each of the performance areas to define the district’s standard of expected performance.
6.
Each formal written evaluation will be accompanied by a conference between the supervisor and the supervisee.
7.
The supervisor may request the supervisee to complete a self-evaluation prior to the formal evaluation. It is recommended that the regular evaluation form be utilized for that purpose.
8.
Support staff employees, unless otherwise designated by contract, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy. Nothing in this policy shall diminish the district’s ability to employ support staff members only for such time as the district is in need of or desirous of the services of such employees. The district reserves the right to discipline or terminate the employment of a support staff employee without regard to the outcome of any past or pending evaluation or whether evaluations have been conducted.
CROSS REF.:
GDJ, Support Staff Assignments and Transfers
Eagle County School District, Re50J Adopted: April 9, 1980 Revised: July 1, 2003
File: GDQA
Support Staff Reduction in Force Support Staff positions for the School District and allocations of classified positions for each school or educational program will be determined on the basis of such factors as enrollments, educational programs, and human, material, and financial resources. A reduction or decrease in the number of classified staff positions shall be in accordance with Colorado Statutes then in effect. PROCEDURES: Reduction in Position(s) In the event that a reduction in the number of Support Staff positions is necessary, the following procedures shall be followed: a. b. c.
The District's Affirmative Action plan (if applicable) shall be followed wherever applicable. Normal attrition shall be considered prior to any staff reductions. The Board of Education shall provide thirty (30) days' written notification to the employee(s) affected.
Reduction in Number of Work Hours and/or Days In cases where the reduction results in a decrease in the number of hours per day or days per year that an employee works, the employee will be notified, whenever possible, a minimum of 30 calendar days prior to the effective date of the reduction. ORDER OF REDUCTION: In the event it is necessary to make a reduction in force, the Superintendent (or his/her designee) shall make a thorough analysis of the situation, consulting with such staff members who may be concerned. In arriving at individual terminations, the specific factors weighed shall be: a. b. c.
Evaluation ratings Length of employment Possibility of reassignment to another area
Eagle County School District, Re50J Adopted: June 12, 1991 (to go into effect July 1, 1991) Revised: July 1, 2006
File: GDQB
Resignation of Support Staff In those cases where a classified employee submits a voluntary resignation, he/she shall be required to give ten (10) working days written notice. Failure to comply with this requirement may result in forfeiture of any termination benefits. Exceptions may be granted for extenuating circumstances upon application to and approval by the Superintendent (or his/her designee.)
A resignation shall be considered a break in service or a separation of employment. If an employee be is re-hired after s/he has resigned (regardless of the amount of time between the resignation and the re-hire), the employee’s years of consecutive service shall begin as of the re-hire date. The Director of Human Resource Services is authorized to immediately accept the resignation of a support staff member and to initiate the procedures to find a qualified replacement. Such resignation will be reported to the Board of Education at its next regularly scheduled meeting; however, the resignation will be effective upon its acceptance by the Director of Human Resources. Regulations 1. As soon as an employee has made a final decision to terminate his/her employment with the District, it is recommended that he/she first discuss the decision with his/her supervisor. Support staff employees are encouraged to give ten working days written notice to the District prior to resigning employment. The employee should deliver to the Human Resource Services Office a written letter of resignation that is addressed to the Board. Should an employee not submit a written resignation, the District will make reasonable attempts to receive a written resignation from the employee In the event that the employee resigns, but does not provide a written resignation, the District’s written communication to the employee confirming the resignation shall constitute the employee’s written resignation.. A copy of the letter of resignation should also be mailed or delivered to the employee's immediate supervisor. The ten (10) working days written notice is effective on the date the Human Resources Office receives the resignation. 2. The written letter of resignation should include the requested date of resignation/last day worked, the position from which the person is terminating, and should be signed by the employee. 3. Employees who resign should refer to other personnel policies regarding payment for sick and vacation leave. 4. Employees who resign from or are terminated from the District will automatically receive information from the Payroll and Benefits Office regarding continued health insurance coverage available as a result of Federal COBRA laws and regulations. 5. If an employee resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the Superintendent is delegated the responsibility of immediately notifying the Colorado Department of Education (CDE) and for providing any information requested by the department concerning the circumstances of the resignation. The District also shall notify the employee that information concerning his/her resignation is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act. 6. An optional exit interview can be completed by someone other than the employee’s immediate supervisor. 7. Any employee who is interested in working under PERA’s 110-day rule, must notify the Office of Human Resource Services on or before May 1st. The hiring supervisor will make the final determination regarding re-hiring the retired employee under the PERA’s-110 day rule. The Office of Human Resource Services will support the decision made by the hiring supervisor. Please note that this provision does not apply to the Board’s declaration of a critical shortage.
8. Resignations can not be effective on a holiday or a day buildings are closed as defined by the current year’s school calendar. LEGAL REF.:
C.R.S. 22-32-109.7
CROSS REFS.:
GDCA – Support Staff Sick Leave GDD - Vacations and Holidays
Eagle County School District, Re50J Adopted: February 26, 1997 Revised: July 1, 2005
File: GDQCA
Transitional Retirement Policy for Support Staff Employees State laws governing the Public Employees’ Retirement Association (P.E.R.A.) allow the employee to retire with P.E.R.A. and receive the P.E.R.A. benefit while working for the District after retirement. The P.E.R.A. retiree may work up to 110 days per calendar year for any P.E.R.A. affiliated employer after P.E.R.A. retirement. This employment must be limited to a maximum of 110 consecutive days per year over 2 calendar years (end of calendar year and the beginning of the next calendar year). P.E.R.A. will impose a penalty of 5 percent per day if the 110 day limit is exceeded in any calendar year, along with loss of the next annual P.E.R.A. cost of living increase. The parameters outlined in this policy are subject to State Law. REGULATIONS: 1. To be eligible for participation in the Eagle County School District Transitional Retirement Plan, an employee must meet all of the following eligibility criteria: a.
The employee must be employed as a full-time classified employee (working on a regular basis 20 or more hours per week) by the District;
b.
A resignation shall be considered as a break in service, making the employee ineligible until an additional twenty (20) full years have been served. Approved leaves of absence shall not be considered as a break in service; however, the time the employee was on leave will not calculated as part of the twenty (20) year minimum.
c. 2.
3.
An employee may exercise the provisions of this policy only once.
The employee must notify his/her supervisor AND the Personnel Office in writing by April 1 and no later than 90 calendar days prior to termination of employment. a.
The P.E.R.A. retirement date will be determined according to P.E.R.A. regulations. The employee and District will agree on the last physical day of employment and the effective date of termination.
b.
The employee and District will agree on the date of the end of the 110 day period and/or the 220 day period of working after retirement.
The Letter of Intent to retire shall identify the P.E.R.A. retirement date and the final day of work after retirement. The Director of Human Resources shall approve the dates and the designated salary prior to approval by the Board of Education.
4.
During the period of work after retirement the employee will receive: a.
the daily rate of salary determined by the existing salary schedule had the P.E.R.A. retirement not occurred.
b.
an additional compensation equal to 20% of the eligible (eligible employees will have 20 years of consecutive service with the Eagle County School District) employee’s final salary (exclusive of extra duty pay) from the District paid in twelve equal payments or a lump sum with the final paycheck.
5.
Life, health and dental benefits will be continued during the period on the same basis as a regular employee subject to applicable policies.
6.
Transitional Retirement is not available to employees paid concurrently with disability benefits, and/or unemployment benefits.
7.
Each individual case of rehire after the 110 day period or 220 day period will be treated as a new hire by the Personnel Department. There is no obligation on the District’s part to rehire the person.
8.
Substitute employment in the Eagle County School District shall not constitute re-employment by the District.
9.
Classified staff who participates in this plan are not eligible to also participate in the Career Longevity Policy.
10.
The filing of an application by an eligible employee in no way limits, restricts, or alters the right of the Board of Education to discharge an employee for cause. If, for any reason, an eligible employee who has applied for Transitional Retirement is discharged or fails to complete his/her current employment commitment, any application filed by the qualified employee shall be void and of no effect whatsoever.
11.
The Board of Education shall have the sole discretion to alter the form, procedures, or substance of the Transitional Retirement Policy in any manner at any time. In such case, the discontinuance or alteration shall not be applied retroactively to affect any retired employee receiving benefits from the program.
CROSS REF.:
GDCA -- Classified Staff Sick Leave
LEGAL REFS:
Age Discrimination in Employment Act, 29 U.S.C. 621 et. seq. C.R.S. 24-51-101 et. Seq. (Public Employees’ Retirement Act) C.R.S. 24-34-402 Older Worker’s Benefit Protection Act (1990)
Eagle County School District, Re50J Adopted: September 12, 1979 Revised: July 1, 2003
Discipline, Suspension and Dismissal of Support Staff
File: GDQD
The District upon recommendation of the Superintendent employs all support staff with action by the Board of Education. Support staff employees, unless otherwise designated by contract, shall be considered “at will employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by policy. Support staff members shall be employed for such time as the District is in need of or desirous of the services of such employees. The Board delegates to the Superintendent the authority to dismiss support personnel. The Superintendent may delegate this authority to other appropriate personnel such as the Director of Human Resource Services. All dismissals of support staff employees shall be reported to the Board at its next regular meeting. The Superintendent also may suspend employees from their assignments as a disciplinary measure and shall report such action to the Board of Education In the event that a support staff employee fails to satisfactorily perform his/her duties as shown by unsatisfactory evaluations, the employee may be dismissed from his/her duties immediately. At the discretion of the Superintendent (or his/her designee), severance pay may be given to the dismissed employee in an amount equivalent to a maximum of two weeks' pay. Severance pay will be paid only to employees who are no longer in their training period (the first three months of work). Severance pay will be granted to a dismissed employee unless there has been a flagrant violation of a district policy or state law. If there is cause to believe that an employee initiated his/her own dismissal, the Superintendent will have the discretion to withhold all or a portion of the severance pay. If an employee is dismissed as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the Superintendent is delegated the responsibility for immediately notifying the Colorado Department of Education (CDE) and for providing any information requested by the Department concerning the circumstances of the dismissal. The District also shall notify the employee that information concerning his/her dismissal is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act. If the District learns that a current employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall immediately report this information to CDE. The District shall not obtain consumer credit reports on a current employee unless the District is evaluating the employee for promotion, reassignment or retention. In all cases where credit reports are obtained and/or relied upon for purposes of reassigning, terminating or denying the promotion of an employee, the District shall comply with the Fair Credit Reporting Act. REGULATIONS 1.
General Provision a. All writings relating to any disciplinary action will be filed in the personnel file of the employee involved.
b. If an employee is completely exonerated during the disciplinary action process, any record pertaining to such disciplinary action will be expunged from his/her personnel file, and the employee will suffer no loss of pay, grade or position. 2. Definitions. For the purposes of this procedure: a. Working Day. Any day the administrative offices of the District are open for business. b. Supervisor. The person responsible for the employee’s evaluation. c.
Warning Notices. A written notification indicating that an employee has performed an act of omission which falls within the regulations above as a cause for disciplinary action.
d. Demotion. A reduction of a person to a lower salary range and/or a reclassification to another position. e. Dismissal. The termination of employment with the District. f.
Suspension. The placing of an employee on a non-duty status for a period not to exceed thirty (30) working days with or without pay or accrual of benefits.
g. Supervisors. Will include the Board where appropriate. h. Administrator. The superintendent, assistant superintendent, principal, and supervisor. 3. Causes for Disciplinary Action. Any regular support staff employee may be subject to disciplinary action or immediate dismissal for one or more of the following reasons: a. Reporting to work under the influence of or use or possession of alcohol while on duty, or the use or possession of controlled substances at any time. b. Two (2) or more unsatisfactory evaluations of any factor on the employee’s performance evaluation report, provided sufficient evidence exists to support such evaluations and/or evidence of incompetence. c.
Repeated unexcused absence, tardiness, absence without notification or abuse of leave.
d. Violation of local, state or federal laws which result in cancellation of licenses required for assigned duty. 4. Unprofessional conduct. Any regular support staff employee may be subject to immediate dismissal for one or more of the following reasons: a. Dishonesty or insubordination. b. Persistent violation of or refusal to obey state laws or regulations prescribed by the Colorado Department of Education or district policies or regulation. c.
Falsifying any information supplied to the District including information supplied on application forms, absence reports, or any other information supplied to the school district.
d. Conviction of a felony or any crime involving moral turpitude. 5. Warning Notice. When employees perform their work unsatisfactorily or violate the district’s work rules, policies or procedures, the employee’s supervisor may proceed with any of the following steps. a. A warning notice may be issued at any time to an employee by the supervisor or any other administrator in line authority for any reasons listed above. b. Prior to the issuance of a warning notice, an informal conference will be held between the employee and the person who is considering the issuance of a warning notice. c.
Upon delivery of the warning notice to the employee, a copy will be sent immediately to the supervisor of the person issuing the warning notice and to the Human Resource Services Office.
d. Three (3) warning notices are sufficient cause for demotion, suspension or dismissal or any combination thereof. It is not necessary, however, for three (3) warning notices to be given before an employee may be suspended, demoted or dismissed. 6. Suspension a. Any supervisor or any other person in line-authority may, at the discretion of the supervisor, relieve an employee from duty for a maximum of the remainder of the employee’s daily duty period up to three (3) working days for any of the causes listed above. b. The supervisor taking such action will immediately report the relieving of an employee from duty to the appropriate administrator through the line of authority. c.
The employee will not be compensated for the time during which he/she is relieved from duty, subject to review by the appropriate administrator.
7. Termination a. If it becomes necessary for the District to terminate the employment of any employee because of a reduction in the work force, lack of work, termination of a service or other reason, reduction in force procedures will be followed and thirty (30) days notice will be given the employee. A termination interview with the Assistant Superintendent may be scheduled on district time. b. An employee may be terminated immediately for any of the actions listed in the Regulations above. c.
If the level of improvement is not acceptable to the District, the employee will be terminated.
d. The termination date of an employee will be the last actual working day.
e. If a support staff employee is physically or mentally unable to perform his/her duties as determined by a qualified physician appointed by the District, he/she will be placed on sick leave. 8. A support staff employee on sick leave who fails, refuses or is unable to return to work will be terminated as an employee of the District when the earned full-pay sick leave is exhausted unless a leave of absence is approved by the Board. 9. At the district’s option, the foregoing steps of the disciplinary procedure may be bypassed resulting in immediate dismissal because of the seriousness of the offense, or because of the terminated employee’s repeated violations of the district’s policies and procedures. LEGAL REF.:
C.R.S. 19-3-301 et.seq. (Child Protection Act of 1987) C.R.S.22-2-119 (duty to make inquiries prior to hiring) C.R.S. 22-32-109.7 C.R.S. 22-32-110 (1) (h) C.R.S. 22-32-126 (3)
CROSS REF.:
GBEC, Drug-Free Workplace GBGA, Staff Health and Safety GBK, Grievance Procedures GDA, Classified Staff Positions GDCA, Classified Staff Sick Leave GDO, Evaluation of Support Staff GDQA - Classified Staff Reduction in Force GDQC, Retirement of Classified Staff GDQD-R, Discipline, Suspension and Dismissal of Support Staff
Eagle County School District, Re50J Adopted: June 12, 1996 Revised: April 9, 1997
File: GDQD-R Page 354 of 610
Discipline, Suspension and Dismissal of Classified Staff Causes for disciplinary action Any regular classified employee may be subject to disciplinary action or immediate dismissal for one or more of the following reasons: 1.
Reporting to work under the influence of or use or possession of alcohol while on duty, or the use or possession of controlled substances at any time.
2.
Two or more unsatisfactory evaluations of any factor on the employee’s performance evaluation report, provided sufficient evidence exists to support such evaluations and/or evidence of incompetence.
3.
Repeated unexcused absence, tardiness, absence without notification or abuse of leave.
4.
Violation of local, state or federal laws which result in cancellation of licenses required for assigned duty.
5.
Unprofessional conduct.
Any regular classified employee may be subject to immediate dismissal for one or more of the following reasons: 6.
Dishonesty or insubordination.
7.
Persistent violation of or refusal to obey state laws or regulations prescribed by the Colorado Department of Education or district policies or regulation.
8.
Falsifying any information supplied to the school district including information supplied on application forms, absence reports, or any other information supplied to the school district.
9.
Conviction of a felony or any crime involving moral turpitude.
Warning notice When employees perform their work unsatisfactorily or violate the District’s work rules, policies or procedures, the employee’s supervisor may proceed with any of the following steps. 1.
A warning notice may be issued at any time to an employee by the supervisor or any other administrator in line authority for any reasons listed above.
2.
Prior to the issuance of a warning notice, an informal conference will be held between the employee and the person who is considering the issuance of a warning notice.
3.
Upon delivery of the warning notice to the employee, a copy will be sent immediately to the supervisor of the person issuing the warning notice and to the personnel office.
4.
Three warning notices are sufficient cause for demotion, suspension or dismissal or any combination thereof. It is not necessary, however, for three warning notices to be given before an employee may be suspended, demoted or dismissed.
Suspension 1.
Any supervisor or any other person in line-authority may, at the discretion of the supervisor, relieve an employee from duty for a maximum of the remainder of the employee’s daily duty period up to three working days for any of the causes listed above.
2.
The supervisor taking such action will immediately report the relieving of an employee from duty to the appropriate administrator through the line of authority.
3.
The employee will not be compensated for the time during which he/she is relieved from duty, subject to review by the appropriate administrator.
General provision 1.
All writings relating to any disciplinary action will be filed in the personnel file of the employee involved.
2.
If an employee is completely exonerated during the disciplinary action process, any record pertaining to such disciplinary action will be expunged from his personnel file, and the employee will suffer no loss of pay, grade or position.
Definitions
For the purposes of this procedure: 1.
Working day - Any day the administrative offices of the District are open for business.
2.
Supervisor - The person responsible for the employee’s evaluation.
3.
Warning notices - A written notification indicating that an employee has performed an act of omission which falls within the regulations above as a cause for disciplinary action.
4.
Demotion - A reduction of a person to a lower salary range and/or a reclassification to another position.
5.
Dismissal - The termination of employment with the school District.
6.
Suspension - The placing of an employee on a nonduty status for a period not to exceed 30 working days with or without pay or accrual of benefits.
6.
Supervisors - Will include the Board of Education where appropriate.
8.
Administrator - The superintendent, assistant superintendent, principal, and supervisor.
Termination 1.
If it becomes necessary for the school district to terminate the employment of any employee because of a reduction in the work force, lack of work, termination of a service or other reason, reduction in force procedures will be followed and thirty days notice will be given the employee. A termination interview with the Assistant Superintendent may be scheduled on school district time.
2.
An employee may be terminated immediately for any of the actions listed in the Regulations above.
3.
If the level of improvement is not acceptable to the District, the employee will be terminated.
4.
The termination date of an employee will be the last actual working day.
5.
If a classified employee is physically or mentally unable to perform his duties as determined by a qualified physician appointed by the district, he will be placed on sick leave.
6.
A classified employee on sick leave who fails, refuses or is unable to return to work will be terminated as an employee of the District when the earned full-pay sick leave is exhausted unless a leave of absence is granted by the Board of Education.
7.
At the District’s option, the foregoing steps of the disciplinary procedure may be bypassed resulting in immediate dismissal because of the seriousness of the offense, or because of the terminated employee’s repeated violations of the District’s policies and procedures.
CROSS REFS:
GDQD - Discipline, Suspension and Dismissal of Classified Staff
Eagle County School District, Re50J Adopted: March 25, 1987 (to go into effect on July 1, 1987) Revised: July 1, 2003
File: HD
Negotiating Team Methods and Procedures The Eagle County School District Re50J Board of Education is responsible for determining the salaries, benefits and working conditions of District employees and retains the legal right to do so. However, inasmuch as these issues have a direct effect on the welfare and attitude of professional staff members, the Board recognizes the need to gather systematic and representative input from the staff prior to making decisions surrounding these issues. In order to gather this input from licensed staff members, Administrative Policy (HD) and Governance Policy (GP-7) have been established. All final decisions regarding salaries, benefits, working conditions and policies shall be made by the Board of Education. REGULATIONS: 1. The Negotiating Team will be made up of representatives from the organization selected to represent teachers and representatives of the School District. Neither the District nor the organization selected to represent teachers shall affect the selection of the other party's representatives on the Negotiating Team. The organization selected to represent teachers and the District shall each be limited to five representatives each. 2.
Annual discussions regarding certified employee salaries, the teacher salary schedule, the supplementary pay schedule, and/or insurance benefits, working conditions and personnel policies will be conducted by the Negotiating Team at times and places mutually agreeable to representatives of the District and the organization selected to represent teachers. It will consider recommendations from the Employee Benefit Trust Committee and other advisory committees representing certified employees. For the purpose of this policy, the term "salaries" shall be exclusive of compensation for hours earned above a designated degree.
3.
Representatives of both the District and the organization selected to represent teachers shall have the authority to schedule its meetings and establish the structure for accomplishing its work. If discussions are scheduled during regular working hours, the representatives of the organization selected to represent teachers will be released from their regular duties without loss of pay. Any final decisions regarding salaries, benefits, or this policy shall be made by the Board of Education. The Board of Education and the Administration may make decisions impacting working conditions throughout the year in accordance with Administrative Policy and Board Governance Policy.
4.
During the discussion, the representatives of the District and the representatives of the organization selected to represent teachers will present relevant data, exchange points of view, and prepare recommendations to the Board of Education through interest-based bargaining as outlined below. Interest-Based Bargaining Interest-based bargaining is a collaborative bargaining process that is utilized in the process of negotiations within the Eagle County School District. Interest-based bargaining consists of a process that identifies issues, lists interests, generates options, discusses possibilities and reaches consensus through caucusing, problem solving, brainstorming and through understanding differing points of view. Interest-based bargaining emphasizes consensus building. The Negotiations Team has reached a consensus when they agree on a single alternative or series of alternatives pertaining to a certain issue. Reaching consensus for the team means that all team members have had the opportunity to listen, clarify and understand differing viewpoints and that they
have had the opportunity to communicate their point of view to other members of the team. Consensus does not always represent the ideal solution for either team however, it does represent the fact that the agreement was considered the best solution for the team at that time and the solution was arrived at openly and fairly. 5.
Discussions will be conducted in closed sessions unless all parties agree otherwise. During discussions, any information given to the news media or the public, other than during a discussion session, will be in writing and will be shared with both parties prior to any distribution. The representatives of the School District will, upon request, make available to the Negotiating Team the approved budget information including revenues and expenditures, and information on which to base a frequency distribution of the placement of teachers on our salary schedule.
6.
Discussions will be made in good faith, meaning an honest attempt will be made by both the representatives of the District and the representatives of the organization selected to represent teachers to resolve the issues and reach agreement. The agreed upon elements of each issue will be communicated District wide in the form of a negotiated agreement.
7.
If agreement has not resulted from use of this procedure by June 1, either party may ask that the issue(s) in dispute be submitted to a mediator who shall be authorized to call and conduct meetings and make procedural rules. This process cannot supersede the budgeting process; therefore, every attempt should be made to make final decisions prior to June 30.
8.
If the representatives of the District and the representatives of the organization selected to represent teachers do not agree upon a mediator within three (3) calendar days from the date the request is made to utilize the mediator, they shall (on the fourth day) request a list of five (5) or more mediators from the American Arbitration Association. The parties shall meet within three (3) calendar days after the receipt of the list of mediators and select a mediator in the following manner: the parties shall alternately strike names from the list until one (1) name remains. The party who requested mediation shall not be allowed to make the final strike. The mediator remaining will be selected.
9.
If it is determined that the mediator selected by the above process is unable to begin mediation before a day which is ten (10) calendar days from the meeting set forth in the above process, then the mediator shall immediately be selected in the following manner: A conference call shall be placed to the Administrator of the American Arbitration Association by representatives of both parties. Such representatives shall inform the Administrator of the problems involved and request that (s)he appoint a qualified and experienced mediator who will begin mediation of unresolved issues as soon as possible. The parties shall not, during the course of the phone call, recommend exclusion of any possible mediator, unless they have mutually agreed to do so prior to the phone call. The mediator named by the Administrator will be accepted by both parties.
10.
If the mediator is unable to achieve agreement between the two parties during the mediation sessions, the representatives of the District will submit their recommendations to the Board of Education along with whatever minority report is prepared by the representatives of the organization selected to represent teachers. The Board of Education will receive a report from the mediator and/or representatives of the School District not later than the next regular Board meeting and will make a final decision
11.
Nothing contained in these procedures shall limit the rights of the parties to mutually agree upon any other method or procedure for the selection of a mediator or the resolution of disputes.
12.
The costs for the services of any mediator shall be shared equally by the District and the organization selected to represent teachers. These expenses shall include the mediator's fees and his/her expenses.
13.
Any contract or agreement between the Eagle County School District and a teacher heretofore executed or executed in the future shall be subject to, and consistent with, the terms and conditions of the adopted salary schedule policy and supplementary pay schedule. The personnel policies affecting certified staff member salaries (exclusive of the salary schedule itself) will be in force for the duration of that contract. Mid-contract policy changes (exclusive of the salary schedule) would have to be agreed to by a majority of the members of both parties (i.e. teachers eligible to vote as defined in Policy HE/HH -- Teacher Rights, Organization, Recognition, and Election Policies and Procedures). If a vote should become necessary, the vote would be conducted jointly by the District and the organization selected to represent teachers, in accordance with Policy HE/HH.
14.
In the event that any provision of this policy and/or the associated salary schedule is or shall be held contrary to law, that provision shall be null and void, but all other provisions of this policy and/or the associated salary schedule shall continue in effect. In such event, within twenty-one (21) calendar days after the voiding of the provision, the Negotiating Team shall meet and recommend a substitute provision to the Board of Education.
15.
The process of negotiations is summarized below. • Each team will select five team members (neither team will influence the selection of the other party's representatives). One alternate may be selected to go through negotiations training. The alternate will not participate in the process of negotiations unless one of the original team members is unable to attend two or more meetings. Should a team member not be able to attend two or more meetings, the alternate will take the place of the team member not able to attend two or more meetings. • It is understood that if a member of the either team must leave early or is not able to attend one meeting, that the decisions made by the team will represent the absent individual. • All team members will participate in "Negotiations Training" that will be scheduled on or before February 15th. • Prior to the first scheduled day of negotiations, the Director of Finance will facilitate a Budget briefing for all team members. Any budget materials that may be needed for the negotiations process should be requested at this meeting. • The collection of information from each team's constituents is the responsibility of each team. This collection of information is designed to provide a voice to all individuals being represented in the process. • The ECEA President and the Director of Human Resource Services will meet to identify the issues that each team is interested in bringing forward in the process. • All concerns surrounding salary, benefits and working conditions can be brought forward as issues to be negotiated as there will be no non-negotiables surrounding these issues. • Both teams will continue to clarify and narrow the scope of issues brought forward with the goal being that each team will bring forward three issues and or items. • The negotiating team will meet for four full days from 8:00 to 4:00 at a neutral site that will be determined each year. The four days will be scheduled in-groups of two days with a Board meeting in between the first and second group of two days. The process of negotiations must be completed on or before May 15th unless either party requests that any issue(s) that may be in dispute be submitted to a mediator. In such instances, a mutually agreed upon timeline will be developed under the guidelines established in the mediation process (Policy HD).
• • •
•
•
• •
The teams will collaborate to communicate the results of the negotiation process through a written communication and East and West End meetings. The written communication describing the results of the negotiated agreement will be distributed to all licensed and administrative staff members. Perceived discrepancies related to the current year's negotiated agreement will be brought back to the negotiating team that participated in the negotiations of that agreement. In order to determine if the negotiating team will need to reconvene, the following process will be utilized. The ECEA President and the Director of Human Resource Services will communicate to determine if the issue is a discrepancy in the current years negotiated agreement or if the issue has to do with an administrative policy. If it is determined that there is discrepancy, the negotiating team will meet within 10 working days to address, clarify and resolve the issue, and the Board will be notified of the need to reconvene. The negotiating team will have one day to resolve the issue. If the issue is not resolved policy HD, Negotiating Team Methods and Procedures will be followed. The issue under review will continue to be practiced until a resolution is reached.
CROSS REF.:
HE/HH, Teacher Rights, Organization, Recognition, and Election Policies and Procedures
Eagle County School District, Re50J Adopted: February 24, 1982 Revised: February 26, 1992 (to go into effect on July 1, 1992)
File: HE/HH
District Teacher Rights, Organization, Recognition, and Election Policies and Procedures WHEREAS, in order to promote better relations and to ensure high quality education for the students of the Eagle County School District Re50J (District), this Board of Education (Board) authorizes procedures to determine an organization, if any, to represent teachers employed by this District, and WHEREAS, it is deemed desirable by this Board that it adopt procedures for implementing its policy of recognizing and meeting with the organization(s) representing teachers, and that it adopt procedures providing the opportunity for teachers to request a determination of which organization represents teachers. NOW, THEREFORE, BE IT RESOLVED, by this Board that the following policies be, and they are hereby, adopted: I.
Rights of Teachers, Administration and Board of Education. A. Teachers employed by this District shall have the right to self-organization, to form, join, or assist teacher organizations, and to represent teacher concerns through representatives of their own choosing in order to present recommendations to the Board and shall also have the right to refrain from any or all such activities. B.
Rights of Administration and Board. The granting of these rights shall in no way be construed to diminish or impair the rights, powers, and discretion of the Board and Administration vested in them under the constitution and laws of Colorado. Such teacher recommendations as are adopted by the Board shall be embodied in policies of the District and, except as specifically provided in such policies, the rights, powers,
and duties of the Administration to manage and administer the affairs of the District shall remain unaltered. II.
III.
Petitioning for Election A. This Board will call an election to determine the representative of teachers to be recognized by the District if petitions requesting such election are signed by not less than numerically 30% of teachers employed by the District and such signed petitions are filed with the Secretary of this Board, on or before April 1 of any year, provided that no election shall be conducted when an election has been conducted during the preceding 12 months. 1.
Petition forms requesting such an election may be obtained from the Office of the Superintendent, acting as the representative of this Board, and shall be available there until the last day for presenting such petitions.
2.
Persons eligible to petition for an election are those teachers employed by the District, as defined below, and whose names shall be certified by the Secretary of this Board as appearing on the District payroll next prior to the last day for filing petitions, including those teachers who are on approved leaves of absence.
3.
If any such petitions are presented, they shall be referred to the American Arbitration Association for a determination of whether or not they have been properly signed by at least 30% of those teachers employed by the District.
4.
The phrase "teachers employed by the District" shall mean any person who is regularly certified by the teacher certifying authority for the State of Colorado and who is employed under a teaching contract by the District. All District certified personnel are included in this category with the exception of those administrators working with a Colorado "Type D" Certificate. Assistant Principals shall be classified as administrators and are, therefore, not included in the phrase "teachers employed by the District."
Procedure for Setting of Election Date A. If such petitions fulfill the conditions of Part II, this Board shall meet and call an election to be held by secret ballot on a date set by the Board which shall be not more than 40 days and not fewer than 30 days thereafter. The Board will consult with any teacher organizations who are eligible to appear on the ballot for the purpose of determining the polling places and the times during which the polling places will be open on the election day. The election shall be held under the auspices of the American Arbitration Association and shall be subject to its election rules and regulations. However, if there should be a conflict between such rules and regulations and the conditions of this policy, the terms and conditions of this policy will control. 1.
Any organization seeking to represent teachers filing such a petition will be included on the ballot if such organization files a copy of its constitution, bylaws, and articles of incorporation showing that one of its purposes is to improve the working conditions of teachers, that its government and structure provide for democratic procedures and practices, that membership in the organization is voluntary, that it does not discriminate with regard to the terms or conditions of membership because of race, color, creed, national origin, or sex, and if it includes a list of names of officers. These items must
2.
IV.
be filed with the Secretary of the Board prior to 5:00 p.m. on the last day for filing petitions requesting an election. The ballot shall provide a choice of "no organization."
3.
The organization receiving votes equal to no less than fifty percent plus one of the number of teachers then employed by the District at such election will be recognized as the representative for all teachers until a subsequent election in which such organization fails to receive votes equal to no less than fifty percent plus one of the number of teachers then employed by the District.
4.
In the event no choice on the ballot receives votes equal to fifty percent plus one of the number of teachers then employed by the District as provided above, no organization will be recognized until the next election.
5.
The Board may, at any time, call for an election if the Board believes that an incumbent organization is no longer the choice of fifty percent plus one or more of the number of teachers then employed by the District, provided that no election shall be conducted when an election has been conducted during the preceding twelve months.
The Rules of the Election A. Teachers and administrative personnel shall not engage in organizational activities or electioneering while acting in their regular duty assignments. B.
Pupils and parents shall in no way be involved by teachers in the organizational or electioneering activities.
C.
All employees, including supervisory employees, may exercise free speech privileges, but such exercise may properly be held to be contrary to the intent of this section if such expression contains threat of reprisal or force, or promise of benefit.
D.
Each organization entitled to be included on the ballot shall have the right to place material in the mailboxes of teachers. Placement will be made by the authorized representative of the organization (or his/her designee).
E.
Any organization on the ballot shall have the right to schedule meetings before or after school hours provided these meetings do not interfere with educational programs.
F. 4.
Bulletin boards reserved for the exclusive use of teacher notices shall be made available to the organizations on the ballot. Each organization on the ballot shall have equal space for election news until, but not including, the day of the election. There shall be no paid advertising in the public media. H.
All organizational material relating to the election must be removed from all District premises by the organization responsible for its distribution before the day of the election.
I.
No electioneering shall take place within 300 yards of the polling locations on the day of the election.
J.
Electioneering by individuals who are not employees of the District will be limited as follows:
V.
VI.
1.
Non-employee officials or agents of any organization may not come on the premises for purposes of electioneering, except for purposes of D, E, and F under Section IV.
2.
Such non-employee officials or agents shall always advise the chief administrative person on the premises upon their arrival and of the purpose of their presence.
Unfair Practices A. It is the intent of the Board of Education to establish and maintain a positive and productive relationship with the organization chosen by the teachers to be their representative. However, so that both parties have more specific expectations as to proper and improper activities, the following points of clarification are offered. 1.
It shall be an unfair practice for the District to interfere with or coerce teachers in the exercise of their rights; to dominate or interfere with the formation or administration of any organization, or to contribute financially to or support it; to encourage or discourage membership in any organization by discrimination with regard to hiring or evaluating or to any term or condition of employment; or to violate any election rule.
2.
It shall be an unfair practice for any teacher organization, its agents, or representatives to restrain or coerce employees in the exercise of their rights; to cause or attempt to cause the District to discriminate against an employee; to directly or indirectly engage in or induce or encourage any employee to engage in a strike, slow-down, or any other work stoppage or interference; or to violate any election rule.
3.
Notwithstanding anything previously stated in this section, either party retains its right to free expression of any view, argument, or opinion and for the dissemination thereof. Expression and/or dissemination of a view, argument, or opinion shall not contain a threat of reprisal or force, or a direct promise of benefit.
4.
Any violation of the aforementioned rules may be a basis for overturning of the election results, if an arbitrator selected from a list supplied by the American Arbitration Association determines such violation of the rules may have affected the outcome of the election. In the case of material violations, recognition may be withdrawn from an organization that the District has previously recognized and/or a teacher organization may be disqualified from participation in the election and participating teachers may be disciplined in a manner deemed appropriate by the Board of Education.
Conduct of Election A. Unless otherwise agreed by the Superintendent and the organizations entitled to be included on the ballot, the American Arbitration Association shall conduct any election herein provided for in accordance with the following rules. The expenses of such election shall be shared equally among the District and any organization eligible to appear on the ballot. Within ten days of the calling of an election by the Board, the Secretary of the Board shall notify each organization qualifying for a position on the ballot and shall inform such organization of its estimated share of the expenses of the election. Within ten days of receipt of such notification, each organization shall deliver to the Secretary an amount equal to its estimated share of the election
expenses or forfeit its right to appear on the ballot. Any amount in excess of each organization's actual share of expenses shall be promptly refunded. 1.
Those eligible to vote (as described in Section II. A. 4.) in any such election are all teachers who are on the District payroll immediately prior to the election date and who are employed on the date of the election, including those teachers who are on approved leaves of absence.
2.
Personnel in charge of voting will be selected by the American Arbitration Association.
3.
Eligible voter lists will be provided to the American Arbitration Association representatives at each polling place.
4.
In order to vote a regular ballot, a voter's name must appear on a list of eligible voters and (s)he must show identification acceptable to the American Arbitration Association representative.
5.
Each organization represented on the ballot may have one observer present at each polling place for each American Arbitration Association representative present at that polling place.
6.
Ballots shall be cast in person except for absentee ballots.
7.
Rules for casting absentee ballots shall be made by the American Arbitration Association.
8.
Provisions shall be made for challenging of the ballots at the polls. Final decision on challenges shall be made by the American Arbitration Association.
9.
Modifications of these rules may become necessary in view of actual circumstances, in which event the American Arbitration Association is authorized to take appropriate action after due consultation with the actual parties, provided such modifications do not substantially affect the substantive rights of the parties.
10.
Wherever it is required herein that the American Arbitration Association take any part in the election process, the Superintendent and the organization(s) entitled to be included on the ballot may perform the functions required by this policy to be performed by the American Arbitration Association.
VII.
Results of Election A. At the next regularly-scheduled meeting, or at a special meeting of the Board of Education following the election, the Board shall determine whether any organization seeking to represent teachers has received votes equal to fifty percent plus one of all the teachers employed by the District. If the Board determines that any organization has received the required number of votes, the Board shall, at that meeting, pass a resolution recognizing such organization as the representative of the teachers of the District. If the Board finds that no organization has received the required number of votes, the Board shall so state in the official minutes of the meeting, and no further action need be taken during the school year.
VIII.
Miscellaneous
A.
IX.
X.
Whenever a time period specified herein embodies a week or weeks when schools are not in regular session, the time period shall be extended to allow for such week or weeks.
Recognition Rights A. If and when a teacher organization has been granted recognition in compliance with this policy, that organization shall be ensured the following opportunities to influence the policy decisions of the Board of Education. 1.
Any member(s) of the Policy and Communications Committee (see Policy GC) may submit a written minority report for the consideration of the Board of Education. The minority report(s) will be submitted in writing and as an addendum to the recommended policy changes submitted by the majority of the Policy and Communications Committee.
2.
The Board of Education will schedule a formal meeting with the organization representing teachers for the purpose of receiving input on and sharing reactions to the policy changes being proposed by the Policy and Communications Committee (see Policy GC). This session will be scheduled and conducted prior to the Board of Education's adoption of recommendations of the Policy and Communications Committee. Input received from the organization representative for teachers shall not be to the exclusion of the input and reactions of individual teachers.
3.
On an annual basis, all relevant personnel policies will be put into booklet form and shall be available for review by all Eagle County School District certified personnel. The booklet will have the recognition policy along with a summary of the election results as its preface.
4.
Individual teacher contracts will include a statement stating that the personnel policies contained in the booklet (see #3 above) will be in force for the duration of that contract. Mid-contract changes would have to be agreed to by a majority of the members of both parties (i.e. teachers eligible to vote as defined in this policy, and the Board of Education). If a vote should become necessary, the vote would be conducted jointly by the District and the organization receiving recognition as the representative of the teachers, in accordance with this policy.
Recognition of Committees A. The administration will seek input from representatives of the organization selected to represent teachers in matters that affect teacher employment, such as salaries, teacher welfare, and fringe benefits, prior to the adoption of the budget. 1.
CROSS REF.:
It is suggested that this communication take place prior to January 15 and may be initiated either by the administration or by the president of the organization selected to represent teachers. BEDB, Agenda GAB, Policy and Communications Committee GCBA, Salary Schedule HD, Salary Committee Methods and Procedures
Eagle County School District, Re50J
File: HE-HH-E1
Petition Calling for an Election of An Organization To Represent Teachers of the Eagle County School District In accordance with Policy HE/HH--District Teacher Rights, Organization, Recognition, and Election Policies and Procedures, a signature on this petition shall signify that the signee is in favor of placing ___________________________________ on a ballot to determine the representative of the Eagle County School District teachers (teachers as defined in the aforementioned policy shall mean "any person who is regularly certified by the teacher certifying authority for the State of Colorado and who is employed under a teaching contract by the District. All District certified personnel are included in this category with the exception of those administrators working with a Colorado 'Type D' certificate. Assistant Principals shall be classified as administrators, and are therefore, not included in the phrase 'teachers employed by the District.' "). Dates and polling places will be announced after one or more successful petitions have been filed with the Board of Education of the Eagle County School District. Thirty percent (30%) of all teachers eligible to vote (see Policy HE/HH) must sign a petition in order for that specific organization to be placed on a ballot, and for an election to be conducted. Teacher Signature Building Date ---------------------------------------------------------------------------------------------------------------_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Eagle County School District, Re50J Adopted: August 22, 1979 Revised: July 1, 1989
File: IA
Instructional Goals and Learning Objectives The Board has adopted a standards-based system of education with content standards for specific courses of study. Content standards are a compilation of specific statements of what a student should know or be able to do relative to a particular academic area. The Superintendent shall have overall responsibility for implementing content standards into the instructional programs of all District schools. Instruction shall be designed so that student attitudes
support personal achievement of relevant content standards. Learning methods used by teachers shall logically connect with the relevant content standards and appropriate assessments. Implementation of standards-based education involves a continuous process of: 1. Revising curriculum and programs of instruction to align them with the District’s adopted content standards to provide students with the educational experiences needed to achieve the District’s standards. 2. Developing assessments which will adequately measure each student’s progress toward achievement of the content standards. 3. Addressing the different learning styles and needs of students of various backgrounds and abilities and eliminating barriers to equity. LEGAL REF.:
C.R.S. 22-7-407 C.R.S. 22-32-109 (1) (t) C.R.S. 22-53-407
CROSS REF.:
AD -- Educational Philosophy/School District Mission AEA -- Standards Based Education JA -- Student Policies Goals
NOTE:
The District’s content standards are available in the District Office.
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: April 26, 1989
File: IB
Academic Freedom The Board of Education seeks to educate students in the democratic tradition, to foster a recognition of individual freedom and social responsibility, and to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights. Freedom of individual conscience, association, and expression will be encouraged, and fairness in procedures will be observed both to safeguard the legitimate interests of the schools and to exhibit by appropriate examples the basic objectives of a democratic society as set forth in the Constitutions of the United States and the State of Colorado. The final responsibility in the determination of the above rests solely with the Board. LEGAL REF.:
Constitution of Colorado, Article IX, Section 15 Constitution of Colorado, Article IX, Section 16 C.R.S. 22-32-109 (1) (t) C.R.S. 22-32-110 (1) (r)
CROSS REF.:
IJ, Instructional Resources and Materials IMB, Teaching About Controversial/Sensitive Issues
Eagle County School District, Re50J Adopted: January 23, 1991 Revised: May 24, 1995
File: IC/ICA/ID-E2
Classified Staff Paid Holidays August 1995 through July 1996 The following holidays have been designated as paid holidays for eligible employees when those holidays fall during the employee's period of employment: Labor Day Thanksgiving Day and the day after Winter Vacation (2 days @ Christmas) New Year's Day Martin Luther King Day Presidents' Holiday Memorial Day Fourth of July CROSS REF:
1 day 2 days 2 days 1 day 1 day 1 day 1 day 1 day
GDD-E1
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: July 1, 2002
File: IC/ICA
School Year/School Calendar/Instructional Time In accordance with Colorado law, teacher pupil instruction/contact time is defined as time when pupils are actively engaged in the educational process and by law includes parent-teacher conferences, staff in-service programs and closings necessary for student health, safety or welfare. The Board defines "actively engaged in the educational process" as time when students are working toward achieving educational objectives under the supervision of a licensed teacher, including: 12. 13. 14. 15. 16.
classroom instruction time individual student work time while at school, including study hall and library research school-related field trips independent study insofar as such study is allowed under district policy assemblies
"Actively engaged in the educational process" shall not include: f. lunch g. time students spend before school waiting for classes to begin and time after the last class of the day, including waiting for the bus h. recess time i. teacher preparation time j. passing periods between classes Supervision by a licensed teacher shall not require that the teacher be in the student’s physical presence at all times, but that the teacher is exercising direction and control over the nature of the student’s activities. The school calendar for the ensuing school year shall be prepared by the Superintendent (or his/her designee) and presented for Board of Education approval prior to the end of the third quarter of the academic year. The number of days of planned teacher-student instruction, of
teacher-student contact, and the starting and ending times of each school shall meet or exceed the requirements of state law. Any variance from the approved calendar must be approved by the Board of Education. In preparing the calendar, the Superintendent may consult with the professional staff and members of the community. LEGAL REF.:
C.R.S. 22-1-112 C.R.S. 22-32-109 (1) (n) C.R.S. 22-32-102 (1) C.R.S. 22-33-104 (1) C.R.S. 22-63-102 (1.5)
CROSS REF.:
EBCE, School Closings and Cancellations GDD, Classified Staff Vacations and Holidays
NOTE: State law establishes the school year as 1080 hours of planned teacher-student instruction for secondary school students (high school and middle school), 990 hours of such instruction for elementary school students, and no less than 450 hours of such instruction for a half-day kindergarten program. The actual hours of teacher-student instruction may be reduced for parent/teacher conferences, staff in-service programs and closings due to student health, safety or welfare concerns to 1056 hours for secondary schools and 968 hours for elementary schools. In no case shall a school schedule fewer than 160 days without specific prior approval of the Commissioner of Education. [C.R.S. 22-32-109 (1)(n)]
Elementary Secondary
Teacher-Pupil Instruction Minimum Hours/Days 990 hours (can be reduced* to 968 hours) 1,080 hours (can be reduced* to 1,056 hours)
160 days 160 days
Can be reduced for parent/teacher conferences, staff in-service and closing necessary for student health, safety or welfare. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: December 9, 1992
File: IE
Organization of Instruction The Board of Education shall provide a system of education extending from kindergarten through Grade 12. It also is responsible for special education for handicapped children (including a preschool program), home instruction, and to work cooperatively with the local community college for adult education. The schools of the District shall be organized to present a unified program of instruction and shall be operated as a single system under the direction of the Superintendent. The grouping and housing of instructional levels in school facilities shall be as follows: elementary schools will contain preschool (where appropriate) through grade 5; the middle schools will contain grades 6, 7, and 8; and the high schools will contain grades 9, 10, 11, and 12. LEGAL REF.:
C.R.S. 22-32-109 (1) (v) C.R.S. 22-32-119
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: August 27, 1997
File: IGA
Curriculum Development The Board of Education recognizes its responsibility to prepare students to live in and perpetuate our democratic society. Furthermore, it recognizes that to ensure equal opportunity for students of diverse backgrounds, a dynamic curriculum is necessary. The Board deems it essential that the school system continually develop and modify its curriculum to meet the changing and diverse needs of the students as well as to assure their full, rounded, and continued development. The curriculum shall provide a program of instruction based on and designed to enable students to meet or exceed the Board-adopted standards for student performance. In order to meet the needs of all students, a variety of educational programs and instruction strategies should be offered. While the Board retains its full rights and responsibilities under the laws of the state of Colorado with regard to the determination of the curriculum, it authorizes the administration of the school district to organize committees, which may be comprised of students, parents, teachers, and/or administrators, to periodically review the curriculum and advise the Board on curriculum matters. Curriculum projects shall be developed utilizing the following guidelines: 1.
The curriculum shall be consistent with the adopted philosophy of the Eagle County School District.
2.
The curriculum shall be written in standards based format.
3.
The curriculum shall contain all courses required by the State Department of Education.
4.
The principal, as instructional leader in a building, shall take the lead in ensuring that the adopted curriculum is implemented.
5.
The curriculum shall provide for the needs of all students.
6.
Creativity and innovation in curriculum development shall be encouraged.
7.
No basic course of study shall be eliminated or new courses added without approval of the Board, nor shall any sharp reduction or alteration of a course of study be made without such approval.
8.
The curriculum shall be written in such a manner as to foster emotional, cognitive, and psychomotor growth in students.
9.
Curriculum guides shall be generated for the various subject areas. These guides shall present at least a minimum outline for instruction and a basis for the further development of the particular course.
10.
The administration shall implement the following process for the design, development, and dissemination of the curriculum.
REGULATIONS:
1.
The Superintendent shall supervise building principals to ensure that the building principals are providing appropriate leadership in the implementation of the curriculum at the building level. The Superintendent has the primary responsibility for supervising and directing the implementation of the curriculum of the District. S/he shall provide general supervision and leadership in the development, implementation, evaluation, and revision of the curriculum.
2.
A five-year curriculum review plan shall be established by the Director of Curriculum and the CENTRAL CURRICULUM DESIGN TEAM (see below), and shall be reviewed and updated on an annual basis.
3.
The Director of Curriculum shall make an annual report to the Board of Education on the status of the curriculum of the District.
4.
The Administrative Team shall appoint on an annual basis a CENTRAL CURRICULUM DESIGN TEAM to oversee the development and/or redevelopment of curricular areas throughout the year. It shall receive its specific annual charge from the Superintendent and shall meet throughout the school year as needed (2-3 times) to oversee the curriculum development activity of the District. The CENTRAL CURRICULUM DESIGN TEAM shall be chaired by the Director of Curriculum. It shall be composed of all of the District's principals, Curriculum Leaders, Administrative Directors/Coordinators, a member of the District Accountability Committee, and such others as may be deemed appropriate by the Director of Curriculum. Principals will assure that membership includes representation from each school. The CENTRAL CURRICULUM DESIGN TEAM shall have the following responsibilities: a. b. c.
to review the five year curriculum review plan and update it to reflect its recommendation as to the area(s) of the curriculum to be reviewed. to develop and articulate the overall philosophy/belief statements with regard to each of the areas to be reviewed. to determine the strategy for the examination of the curricular area(s) to be reviewed, including: 1. 2. 3.
4.
recommending the leadership of and membership on the CURRICULUM TEAM(s). providing a specific charge(s) and a delineation of specific responsibilities to the CURRICULUM TEAM(S). determining the general format for the curriculum guide and establishing other guidelines as may be appropriate and necessary. i.e., consistency with District Philosophy, inclusion of suggested texts, supplementary materials, instructional strategies, etc. establishing the timelines and budget for accomplishing the charge accepted by the CURRICULUM TEAM(S).
CURRICULUM REVIEW AND DEVELOPMENT TEAM(S) The Curriculum Development and Implementation Team(s) shall be appointed by the Ad Team and will report regularly to the CENTRAL CURRICULUM DESIGN TEAM. a.
The Curriculum Teams shall be composed as determined of a small group (3-7) of individuals with special interest, expertise, and commitment in the curricular area under consideration, and may receive compensation or released time from normal teaching responsibilities, and for work performed during the summer months,
subject to Board of Education Policy. b.
The Review and Curriculum Development Teams shall accept the general charge of the CENTRAL CURRICULUM DESIGN TEAM, including but not limited to: (1) (2) (3) (4) (5) (6) (7) (8)
(9)
aligning curriculum with Colorado State standards writing outcomes, goals, and objectives developing instructional strategies delineating subject matter content reviewing, evaluating, recommending textbooks and teaching materials developing in-house and/or recommending the use of available test items/measures, normative and/or criterion-referenced, to determine the success of students in achieving the desired curricular outcomes. Creating opportunities for the piloting of selected curriculum and/or materials as they are being developed and for the evaluation of that piloting prior to District review and adoption. Working with the Director of Curriculum in providing leadership, upon the adoption of a new or revised curricular area, in the training and inservicing of all instructional staff who will implement the new program, including activities such as general grade level workshops, classroom demonstration teaching, and inter/intra school and classroom visitation. Working closely with the Director of Curriculum and with building principals to assure effective implementation of the curriculum into the classrooms of the District.
LEGAL REF.:
C.R.S. 22-7-407 1 CCR 301-1, Rules 2202-R-2.07 (2)
CROSS REF.:
AEA -- Standards Based Education IA -- Instructional Goals and Learning Objectives
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: August 27, 1997
File: IGD
Curriculum Adoption The Board of Education is required by state law to determine the educational programs to be carried on in the schools of the District. The curriculum shall be aligned with the Board-adopted content standards to ensure that each student will have the educational experiences needed to achieve the relevant standards. Accordingly, after planning by the faculty and with the approval of the administration, all new programs and courses of study, as well as the elimination and extensive alteration of the content of current programs and courses, will be presented by the Superintendent to the Board for its consideration and action. Generally, new courses will be introduced in an experimental basis and will be evaluated at least annually by the Board. When the administration believes that an experimental course should become a regular part of the curriculum, such a recommendation will be presented by the Superintendent to the Board for approval. LEGAL REF.:
C.R.S. 22-7-407
C.R.S. 22-32-109 CROSS REF.:
AEA -- Standards Based Education IA -- Instructional Goals and Learning Objectives
Eagle County School District, Re50J Adopted: August 27, 1997
File: IGF
Curriculum Review The curriculum shall be reviewed at least once every five years by administrators, teachers, parents, accountability committee members and others deemed appropriate by the Board of Education. The reviews shall determine if the established curriculum and educational programs in the District are effective and reflect relevant content standards and District goals as adopted by the Board of Education. Regulations shall be developed that outline the courses to be reviewed, the sequence of course review, the specific activities involved in curriculum review, and the areas to be included in the review. The review shall include consideration of achievement results for all student populations, educational equity, curriculum breadth and depth, and congruence of instructional strategies and assessments with Board-adopted student outcome and performance standards. LEGAL REF.:
C.R.S. 22-573-401 et seq.
CROSS REF.:
AEA -- Standards Based Education IA -- Instructional Goals and Learning Objectives IL -- Evaluation of Instructional Programs, and subcodes KB -- Parent Involvement in Education
Eagle County School District, Re50J Adopted: July 1, 2006
File: IHA
Basic Instructional Program The educational program shall provide formal studies to meet the general academic needs of all students to enable them to meet or exceed state and district content standards. To the extent possible, opportunities for individual students to develop specific talents and interests in more specialized fields shall also be provided. An atmosphere shall prevail in which healthy growth is fostered, in which ability is recognized and excellence encouraged, and in which a productive life is held before students as a model to emulate. The various instructional programs shall be developed with the view toward maintaining balanced, integrated and sequentially articulated curricula which will serve the educational needs of all students in the district. Elementary program At the elementary level, schools will provide yearly instruction and assessment in content standards in English language arts, mathematics, science, history, economics, geography, civics, music, visual arts, and physical education. Schools will provide interventions to prepare students for middle level education. In addition, as part of building citizenship skills, the elementary schools will instruct
students about, and expect students to adhere to, the student code of conduct. Middle school program At the middle school level, schools will continue to provide instruction and assessment in content standards. This instruction shall include a minimum of three years of instruction in English language arts, mathematics, science, and social studies, including instruction in civics, geography, history and economics. Students will also have the opportunity to expand their talents and interests through an exploratory/electives program that provides instruction in content standards. As determined by each middle school, this exploratory/electives program may include any combination of the following courses: visual arts, music, technical education, world languages, physical education, health, consumer and family studies, computer/keyboarding/ business, and other appropriate middle level course offerings. Schools will provide interventions to prepare students for high school. In addition, the middle schools will instruct students about, and expect students to adhere to, the student code of conduct. Senior high school program The high school has been designed to serve the needs of students in grades nine through twelve. High school will balance core academic expectations for all students in the achievement of content standards while serving the diverse talents and interests of students. It is the joint responsibility of staff, students, and parents/guardians to ensure that students meet the core academic expectations and develop those talents and interests over the four years of high school. High school will provide students with the academic skills to pursue further education and to be a competent member of the workforce. In addition, students will be instructed about, and be expected to be, participating citizens. Students will adhere to the student code of conduct up to and including the day of graduation. Graduation shall be the culminating event for students after they have met the requirements for a high school diploma. Preparation for postsecondary opportunities Students are encouraged to begin planning for postsecondary opportunities throughout their high school career so they will be adequately prepared upon graduation from high school. The Colorado Commission on Higher Education (CCHE) will provide information to the parents/guardians of eighth grade students about the admission requirements for institutions of higher education in Colorado. In addition, the district will make information available to these same parents/guardians about the courses the district offers that meet the CCHE admission requirements. This information will be made available to parents/guardians prior to the student’s enrollment in his or her ninth grade courses. LEGAL REFS.:
C.R.S. 22-1-104 C.R.S. 22-1-108 through 22-1-110 C.R.S. 22-25-101 et seq. C.R.S. 22-32-109 (1)(ff) (notice of courses that satisfy higher education admission guidelines)
CROSS REFS.:
IKF, Graduation Requirements JIC, Student Conduct, and Subcodes
Eagle County School District, Re50J Adopted: January 28, 1987 Revised: April 26, 1989 Parent Involvement/Title I
File: IHAAA*
Recognizing the great importance of parents'/guardians' participation in their child's education, it is the intent of the Eagle County School District to directly encourage and involve parents of children being served in the Chapter I program. This involvement will include, but not be limited to, the following: 1.
An opportunity to participate in the design and implementation of the District's Chapter I project.
2.
Properly notifying each student's parent(s)/guardian(s) in a timely manner that the student has been selected to participate in the Chapter I program, and why the child was selected.
3.
Informing each student's parents/guardians of the specific instructional objectives for the student.
4.
Reporting quarterly to each student's parent(s)/guardian(s) on the student's progress.
5.
Establishing annual conferences between individual parents/guardians and teachers.
6.
Providing suggestions to parents/guardians to help them promote the education of their children at home.
7.
Providing information concerning the Chapter I program (i.e. program plans, evaluations) on an annual basis.
8.
Annually soliciting parents'/guardians' suggestions in the planning, development, and operation of the program.
9.
Providing timely responses to parent recommendations.
10.
Establishing a parent advisory council.
Eagle County School District, Re50J Adopted: February 22, 1984 Revised: April 26, 1989
File: IHAI/IHAQ
Vocational-Technical Education/ Career/Transition-To-Work Education The purpose of vocational education programs in the Eagle County School District is to provide high school students with the practical skills, attitudes, and basic knowledge needed to obtain or enhance employment in a variety of occupations. The following statements summarize the beliefs of the Board of Education, administration, and Vocational Department in regard to our District vocational education offerings. We believe that... ...
Vocational programs must be congruent with the Eagle County School District philosophy.
...
Vocational education should be an integral part of the total educational program, and that vocational education must rely on general education to provide students with the basic skills needed by all persons in their roles as citizens, parents, entrepreneurs, employees, and others in our society. General and vocational education must work hand-in-hand in
helping students to develop and apply decision-making skills. ...
Training students in pre-vocational or vocational skills not only benefits the individual, but also benefits business, industry, labor, government, and society in general.
...
Vocational education programs should be readily accessible to all students who want, need, and are able to profit from them. This accessibility includes those students who are economically and/or educationally disadvantaged, handicapped, or limited English speaking students; no student will be eliminated from vocational programs due to racial, sexual, or stereotypic bias.
...
Vocational programs should reflect and anticipate the changing attitudes, needs, and values of our society and the changing requirements of business and industry, and should keep pace with the interests and needs of Eagle County students.
...
The vocational program of the Eagle County School District should be coordinated with other agencies, business, and institutions to ensure a smooth transition from high school to post-high school training and to maximize the available resources in Eagle County.
...
Vocational education in Eagle County should strive to duplicate or simulate, as much as possible, the actual working environment.
...
The dignity of work shall be emphasized in all aspects of the vocational education curriculum.
...
Vocational education must be evaluated and held accountable for its objectives, processes, student outcomes, products, costs, and community acceptance.
...
A quality general education program is a prerequisite to both a vocational or college-prep curriculum.
...
Pre-vocational skills will be emphasized in all vocational programs, recognizing that there is no sharp delineation between pre-vocational and vocational skills. It is the intent of the Eagle County School District to provide students with as many basic pre-vocational skills as possible which may lead a student toward post-secondary training.
LEGAL REF.:
C.R.S. 23-60-301 through 23-60-305
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 1995
File: IHAMA
Teaching About Drugs, Alcohol and Tobacco In keeping with state statutes, the District shall provide instruction in grades K-12 dealing with the nature of alcoholic drinks and controlled substances. This shall include special instruction as to the effects upon the human system; the emotional, psychological, and social dangers of such use with emphasis on non-use by school-age children, and the illegal aspects of such use. The objectives of this program, as stated below, are rooted in the Board's belief that prevention requires education and that the most important aspect of the policies and guidelines of the District should be the education of each individual as to the dangers of drugs, alcohol, and tobacco.
1.
To create an awareness of the total drug problem-prevention, education, treatment, rehabilitation, and law enforcement on the local, state, national, and international levels.
2.
To relate the use of drugs and alcohol to physical, mental, social, and emotional practices.
3.
To encourage the individual to adopt an appropriate attitude toward pain, stress, and discomfort.
4.
To develop the student's ability to make intelligent choices based on facts and to develop the courage to stand by one's own convictions.
5.
To understand the need for seeking professional advice in dealing with problems related to physical and mental health.
6.
To understand the personal, social, and economic problems causing the misuse of drugs and alcohol.
7.
To develop an interest in preventing illegal use of drugs in the community.
The curriculum, instructional materials, and strategies used in this program shall be recommended by the Superintendent and approved by the Board of Education. LEGAL REF:
20 U.S.C. Section 7117 (Safe and Drug-Free Schools and Communities Act of 1994) C.R.S. 18-18-102 (5) C.R.S. 22-1-110 C.R.S. 22-32-109 (1)(bb) C.R.S. 25-14-103.5
CROSS REF.:
ADC, Tobacco-Free Schools JICG, Use of Tobacco by Students JICH, Drug and Alcohol Use by Students
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2004
File: IHAMB
Family Life/Sex Education The Board believes that the purpose of family life and sex education is to help students acquire factual knowledge, skills, and attitudes which will result in behavior that contribute to the well-being of the individual, the family, and society. Helping students attain a mature and responsible attitude toward human sexuality is a continuous task of every generation. Parents/guardians have the prime responsibility to assist their children in developing moral values. The schools should support and supplement parents'/guardians' efforts in these areas by offering students factual information and opportunities to discuss concerns, issues, and attitudes inherent in family life and sexual behavior including inquiring into traditional moral values. In addition to the requirements listed below, the customary policies and regulations concerning the approval of new curriculum content, units, and materials shall apply to any course(s) dealing with
family life and sex education offered by the District: 1.
Instructional materials to be used in family life/sex education will be available for inspection by the parent/guardian during school hours.
2.
If, after review of materials used and a conference with the instructor and principal, a parent/guardian requests that his/her child not participate in a given aspect of the course, an alternate educational assignment shall be arranged for the student with the approval of the principal. No reason must be given by the parent/guardian when requesting the exemption. Exemption shall be implemented in a manner that does not draw undue attention to or cause undue embarrassment for students.
3.
Teachers who provide instruction in family life/sex education will have professional preparation in the subject area, either at the preservice or inservice level.
LEGAL REF.:
C.R.S. 22-25-104 (6) C.R.S. 22-25-106 (4) C.R.S. 22-25-110 (2) C.R.S. 20 U.S.C. 7906 (No Child Left Behind Act of 2001)
CROSS REF.:
IGA, Curriculum Development IGD, Curriculum Adoption IHAM, Health Education
NOTE: The Comprehensive Health Education Act of 1990 was amended with SB186 in 2000. Specifically, C.R.S. 22-25-104(6) was amended to read: Any curriculum and materials developed and used in teaching sexuality and human reproduction shall include values and responsibility and shall give primary emphasis to abstinence by school-aged children. School officials shall receive prior written approval from a parent or guardian before his or her child may participate in any program discussing or teaching sexuality and human reproduction. Parents must receive, with the written permission slip, an overview of the topics and materials to be presented in the curriculum. This amendment applies only to the programs funded through state grant dollars for Comprehensive Health Education. Therefore, if a funded program uses grant money to teach sex education, prior written approval from a parent or guardian is required. The written permission slip must be accompanied by an overview of the topics and materials to be presented in the curriculum. Prior written approval is not required for other classes addressing human reproduction such as biology or science unless such classes are part of a Comprehensive Health Education program. NOTE 2: 20 U.S.C. 7906 of the No Child Left Behind Act of 2001 states that no Title I funds may be used to: • Develop or distribute materials or operate programs or courses of instruction directed at youth that are designed to promote or encourage sexual activity, whether homosexual or heterosexual • Distribute or aid in the distribution by any organization of legally obscene materials to minors on school grounds
• Provide education or HIV prevention education in school unless that instruction is age appropriate and includes the health benefits of abstinence • Operate a program of contraceptive distribution in the schools NOTE 3: There are three different exemption procedures in state law for health education programs and curriculum that includes a discussion of human sexuality. See Note 1 for the “opt in” provisions for comprehensive health education programs funded through state grant dollars. Another statute authorizes districts to restrict exemptions from health education programs to instances where the parent/guardian objects that the instruction is contrary to religious beliefs or teachings. See C.R.S. 2225-106(4). The third exemption reference is a new law which requires districts to provide an exemption when the district offers a planned curriculum that includes the discussion of or instruction concerning human sexuality upon the written request of the parent. C.R.S. 22-1-110.5. This sample policy and exemption procedure that accompanies it are written to address these three approaches. To eliminate some of the confusion, districts can modify opportunities to “opt out” so they are consistent. This approach would allow a parent/guardian to request an exemption from any portion of the health education curriculum that is objectionable without having to state a particular reason for the exemption. The sample policy and regulation would have to be modified to allow parents/guardians to “opt out” from any portion of the curriculum without having to state a reason. Eagle County School District, Re50J Adopted: July 1, 2004
File: IHAMB-R
Family Life/Sex Education (Exemption Procedure) 1.
Exemption will be granted from a specific portion of the health education curriculum upon the request of the student’s parent/guardian.
2.
A request for exemption must be submitted in writing to the principal at least 5 school days in advance of instruction in that portion of the curriculum for which the exemption is requested.
3.
The principal will confer with the teacher to determine the length of time a student will be exempt. The teacher will develop an alternative activity for which the student will receive credit.
4.
The principal or teacher will inform the parent/guardian of disposition of the request within 5 school days of receipt of the request.
Eagle County School District, Re50J Adopted: July 1, 2001 Revised: July 1, 2003
File: IHAM/IHAMC
Health Education/HIV/AIDS Education The Board is committed to a comprehensive health education and health service program as an integral part of each student's general education. The health education program should emphasize a contemporary approach to health information and the skills and knowledge necessary for students to understand and appreciate the functioning and proper care of the human body.
In addition, the student shall be presented with information regarding complex social, physical and mental health problems which will be encountered in society. In health education, students should examine the potential health hazards of social, physical and mental situations which exist in the broad school-community environment and learn to make intelligent, viable choices on alternatives of serious personal consequence. The Board believes that the greatest opportunity for effective health education lies within the public schools because of the opportunity to reach almost all children at an age where positive, lifelong health habits may be engendered and the availability of qualified personnel to conduct health education programs and health services. Good health is a dynamic, not a static, quality and therefore depends upon continuous, lifelong attention to scientific advances and acquisition of new knowledge. The Board of Education also recognizes that Human Immunodeficiency Virus (HIV) infection and Acquired Immune Deficiency Syndrome (AIDS) pose a public health crisis. At the present time, society's most effective weapon against this deadly disease is public education. The Board believes that HIV/AIDS instruction is most effective when integrated into a comprehensive health education program. Instruction shall be developmentally appropriate to the grade level of the students and shall occur in a systematic manner. The Board particularly desires that students receive proper education about HIV before they reach the age when they may adopt behaviors which put them at risk of contracting the disease. In addition to the requirements listed below, the customary policies and regulations concerning the approval of new curriculum content, units and materials shall apply to any comprehensive health education courses offered by the district: 1.
Instructional materials to be used in comprehensive health education courses shall be available for inspection by the public during school hours. A public forum shall be scheduled to receive public comments.
2.
Parents/guardians of all students shall be notified that such courses have been scheduled and that they may request that their child be exempt from a specific portion of the program on the grounds that it is contrary to their religious beliefs.
3.
The Board shall approve an exemption procedure. If a student is granted an exemption, an alternate educational assignment shall be arranged.
4.
Teachers who provide instruction in comprehensive health education shall have professional preparation in the subject area, either at the preservice or inservice level.
LEGAL REFS.:
20 U.S.C. 7906 (prohibition against the use of Title I Funds to operate a program of contraception in the schools contained in the No Child Left Behind Act of 2001 C.R.S. 22-25-105 C.R.S. 22-25-106 (4) C.R.S. 22-25-110 (2) C.R.S. 22-25-101 et seq. (Comprehensive Health Education Act)
CROSS REFS.:
EBBA, Prevention of Disease/Infection Transmission IGA, Curriculum Development IGD, Curriculum Adoption IHACA*, Law-Related Education JLC, Student Health Services and Requirements, and subcodes
NOTE 1: The Comprehensive Health Education Act of 1990 was amended with SB186 in 2000. Specifically, C.R.S. 22-25-104(6) was amended to read: Any curriculum and materials developed and used in teaching sexuality and human reproduction shall include values and responsibility and shall give primary emphasis to abstinence by school-aged children. School officials shall receive prior written approval from a parent or guardian before his or her child may participate in any program discussing or teaching sexuality and human reproduction. Parents must receive, with the written permission slip, an overview of the topics and materials to be presented in the curriculum. This amendment applies only to the programs funded through state grant dollars for Comprehensive Health Education. Therefore, if a funded program uses grant money to teach sex education, prior written approval from a parent or guardian is required. The written permission slip must be accompanied by an overview of the topics and materials to be presented in the curriculum. Prior written approval is not required for other classes addressing human reproduction such as biology or science unless such classes are part of a Comprehensive Health Education program. NOTE 2: Although Colorado law specifies a religious exemption, school boards may include additional reasons as a matter of policy. Many boards include “other personal reasons” in their exemption language. Under most circumstances, students should not be allowed to exempt out of an entire program, but should only be allowed to exempt out of the portion of the program which is objectionable. NOTE 3: 20 U.S.C. 7906 of the No Child Left Behind Act of 2001 states that no Title I funds may be used to: • Develop or distribute materials or operate programs or courses of instruction directed at youth that are designed to promote or encourage sexual activity, whether homosexual or heterosexual • Distribute or aid in the distribution by any organization of legally obscene materials to minors on school grounds • Provide education or HIV prevention education in school unless that instruction is age appropriate and includes the health benefits of abstinence • Operate a program of contraceptive distribution in the schools Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: IHBA
Special Education/Programs for Students with Disabilities In keeping with the intention of the State of Colorado to offer educational opportunities to all children which will enable them to lead fulfilling and productive lives, the District shall provide appropriate educational opportunities to children with disabilities, in accordance with the requirement of state and federal statutes and the Colorado Department of Education. Any student identified as a child with disabilities pursuant to the Individuals with Disabilities Education Improvement Act of 2004 who is between the ages of three and 21 and who has not received a high school diploma, GED, or otherwise graduated from high school has the right to a free and appropriate education. These students with disabilities shall be provided individualized
educational programs appropriate to meet their educational needs. A child identified as a child with disabilities shall become eligible for special education and related services on his/her third birthday. A student reaching age 21 after the beginning of an academic year shall have the right to complete that year or attend until (s)he graduates, whichever comes first. Students with disabilities are required by federal law to be included in state and district-wide assessments, with appropriate accommodations where necessary. Any individualized education program (IEP) which is developed for a student with disabilities shall specify whether the student shall achieve the District’s adopted content standards or whether the student shall achieve individualized standards which would indicate the student has met the requirements of his or her IEP. The District also shall take steps to make the general public aware that all children and youth from birth through age 21 suspected of disability have a right to a formal determination as to whether they have such a disability. Handicapped students shall be mainstreamed into the regular classrooms insofar as such action is educationally sound. However, if a student has been staffed into a Special Education Program, the Board of Education has the authority to place the student into the most appropriate educational program. LEGAL REF.:
20 U.S.C. Subsection 1401 et seq. (Individuals with Disabilities Education Improvement Act of 2004) 29 U.S.C. Subsection 701 et seq. (Section 504 of the Rehabilitation Act of 1973) C.R.S. 22-7-407 (6) C.R.S. 22-7-409 (1.2)(d)(II) (assignment of scores on statewide assessments for students with disabilities) C.R.S. 22-20-101 through 22-20-114 (Exceptional Children's Educational Act) C.R.S. 22-32-110 (1) (bb) 1 CCR 301-8, Rules 2220-R-1.00 et seq. (Rules for the Administration of the Exceptional Children’s Act)
CROSS REF.:
ACE, Nondiscrimination on the Basis of Handicap/Disability AEA -- Standards Based Education IA -- Instructional Goals and Learning Objectives IHBIB -- Primary/Preprimary Education JHD-E -- Exclusions and Exemptions from School Attendance JK*-2, Discipline of Students with Disabilities
Eagle County School District, Re50J Adopted: October 24, 1979
File: IHBB
Gifted and Talented Education In keeping with the intention of the state of Colorado to offer educational opportunities to all children which will enable them to lead fulfilling and productive lives, the District may provide appropriate educational opportunities to all resident children, in accordance with state statutes. The local Board of Education has the final determination on placement of children in programs for gifted students.
LEGAL REF.:
C.R.S. 22-20-101 through 22-20-114 (Exceptional Children's Education Act) C.R.S. 22-26-107
Eagle County School District, Re50J Adopted: March 18, 1992 Revised: July 1, 2006
File: IHBD
Compensatory Education (Title I) Pursuant to federal law, school districts receiving Title I funds to provide educational services to students must do so in accordance with Title I of the No Child Left Behind Act of 2001. It is the District’s intent that Title I funds shall be used efficiently and effectively to benefit the academic opportunities and progress of student in Targeted Assistance Programs. Title I funds shall be used to provide educational services that are in addition to the regular services provided for District students. By adoption of this policy, the District ensures equivalence among schools in teachers, administrators and auxiliary personnel and equivalence in the provision of curriculum materials and supplies. Title I services in project areas, taken as a whole, shall be at least comparable to services being provided in school attendance areas that are not receiving such funds. District personnel shall establish written procedures which include a process to demonstrate that Title I funds are used to provide services in project areas that are at least comparable to the services provided through state and local funds in attendance areas no receiving Title I funds and to maintain appropriate records documenting compliance with this policy. LEGAL REFS.:
20 U.S.C. 1001 et seq. (Title I of the No Child Left Behind Act of 2001)
CROSS REFS.:
GCBA, Instructional Staff Contracts/Compensation/Salary Schedules GCBB, Administrative Staff Contracts/Compensation Salary Schedules GDBA, Support Staff Salary Schedules KB, Parent Involvement in Education KBA-E, School-Level Title I Parent Involvement Policy (School/parent Compact)
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2003
File: IHBEA
English Language Learners In keeping with the intention of the state of Colorado and this school district to offer educational opportunities to those children whose dominant language is other than English, the district shall provide suitable research-based language instructional programs for all identified English language learners in grades kindergarten through 12 in accordance with the requirements of state and federal statutes and Colorado Department of Education regulations. The district shall identify students whose dominant language may not be English through home language surveys that identify a primary home language other than English (PHLOTE), observations, intake assessments, and recommendations of parents, teachers and other persons. Identified students shall be assessed annually to determine their level of proficiency in the English language.
For the 2005-06 school year and thereafter, students shall be assessed through use of the language assessment approved by the Colorado Department of Education. The district shall certify to the Colorado Department of Education each year those students whose dominant language is not English, including specification of the number of non-English languages identified as dominant languages and the number and percent of students who speak each nonEnglish language as their dominant language. The district shall provide additional information as required by the Colorado Department of Education to comply with No Child Left Behind. LEGAL REFS.:
C.R.S. 22-24-101 through 22-24-105 (English Language Proficiency Act) 1 CCR 301-10, Rules 2224-R-1 through 2224-R-3 20 U.S.C. 3001 et seq. (language instruction for limited English proficient and immigrant students contained in No Child Left Behind Act of 2001) 42 U.S.C. 2000d (Title VI of the Civil Rights Act of 1964) 35 C.F.R. 11595 (home language questionnaire)
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: February 26, 1997
File: IHBF
Homebound Instructional Support Home or hospital instructional support shall be provided: 1.
To any child with a health or physical impairment which, in the opinion of a licensed medical examiner, will cause him/her to be absent from school for more than two consecutive weeks and who school personnel determine can educationally benefit from such a program, OR
2.
To any child whose educational needs, as determined by a case study and reviewed in a multidisciplinary staff conference, are most appropriately and effectively met by such a program.
The amount of supportive service provided by a homebound school coordinator shall be determined in relation to each child's educational needs and his/her physical and mental health. Eagle County School District, Re50J Adopted: May 28, 1986 Revised: October 8, 2012
File: IHBG
Home Schooling and Independent or Parochial School Students The Eagle County School District Board of Education has a strong belief in the effectiveness of the public school system, and with the exception of extreme cases, believes that the public school is a better place for a well-rounded education than is the isolation of home instruction. In any case, decisions as to whether or not to approve home study requests should be based upon what is in the best interest for the student rather than what is convenient for parents. REGULATIONS:
• The Eagle County School District will follow Colorado statutes in cooperating with parents/guardians who wish to have their child(ren) receive education that is an alternative to education in an accredited public or private school. • The Superintendent (or his/her designee), as the attendance officer for Eagle County School District, shall inform parents/guardians who wish to have their child(ren) receive a non-public home-based education of their rights and responsibilities for non-public home-based education under the law passed by the Colorado State Legislature. • The Board of Education recognizes that regulation of non-public home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances consistent with the Board's understanding of applicable state laws. PROCEDURES AND PROCESS FOR HOME STUDY APPLICATION: When a parent or guardian of a student below the age of 16 wants to establish a home-based education program for his child, the following procedures shall be followed in accordance with law: (a) The parent/guardian must submit on an annual basis written notification of establishment of the home-based program to the district's Superintendent fourteen (14) days before the program is established. (b) The parent/guardian must certify in writing the name, age, place of residence and number of hours of attendance of each of his children in the program. (c) The superintendent shall give the parent/guardian fourteen (14) days written notice to produce records required by law if he has probable cause to believe the program is not in compliance with the law. (d) Each student in a home-based program shall be evaluated when the student is in the third, fifth, seventh, ninth, and eleventh grades. The student's academic progress shall be evaluated either by giving him a nationally standardized achievement test or by submitting an evaluation of the student conducted by a qualified person as defined in state law. The Superintendent shall be responsible for reviewing the student's evaluation which either shall be submitted to the district or to an independent or parochial school in Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of the school shall be provided to the district. If the student's composite score on the test is above the 13th percentile, the student shall continue to be eligible for the home-based educational program. If his score is at or below the 13th percentile, his parent/guardian shall be given the opportunity to have him retested using an alternate version of the same test or a different nationally standardized test selected by the parent/guardian from a list supplied by the State Board of Education. (e) If the evaluation conducted by a qualified person indicates that the student is making sufficient academic progress according to his ability, the student shall continue to be exempt from compulsory attendance. (f) If the composite score on a retest continues to be at or below the 13th percentile or if the evaluation conducted by a qualified person indicates that the student is not making sufficient academic progress, the district shall take steps to require the parent/guardian to enroll the
student in a public, independent, or parochial school. Enrolled part-time If a home schooled student chooses to attend any classes at Eagle County School District schools they will be required to be enrolled in and attend a minimum of 90 hours of pupil-teacher contact and instruction per semester. Also, the student will need to be registered for and attending class(es) before and on the official count date. If a student is currently enrolled in another school district or a private (independent or parochial) school they cannot be enrolled in the Eagle County School District RE-50J. Extra-Curricular and interscholastic activities Students participating in home-based educational programs and independent or parochial schools shall have the same rights as district students to participate in district extracurricular and interscholastic activities if they meet the requirements of state law and Board policy. Such participation is subject to the same rules of any interscholastic organization or association of which the district is a member. District extracurricular and interscholastic activities are those activities that do not have a class associated with the activity and students participating in the activity are not also required to take the corresponding class. District extracurricular and interscholastic activities do not include social events such as dances, talent shows, etc. Home/independent/parochial school students may participate in social events as guests of enrolled public school students per the guest guidelines established by the school principal. Habitually truant students Any student who has been declared habitually truant at any time during the last six months he attended public school before his proposed enrollment in a home-based educational program may not be enrolled unless his parent/guardian first submits a written description of the curricula to be used along with the written notification required in (a) above. Re-entering district schools A student from a home-based/independent/parochial program may re-enter the district's schools at any time. With the consent of the student's parent/guardian, the district shall place the student at the grade level deemed most appropriate by the district. All students from homebased/independent/parochial programs must demonstrate proficiency in the district-adopted content standards at their appropriate placement level. The district may test the student to determine placement. The district shall accept the transcripts from a home-based educational program and independent or parochial school. In order to determine whether the courses and grades earned are consistent with district requirements and district academic standards, the district shall require submission of the student’s work or other proof of academic performance for each course for which credit toward graduation is sought. In addition, the district may administer testing to the student to verify the accuracy of the student's transcripts. The district may reject any transcripts that cannot be verified. See policy IKF. LEGAL REF.:
C.R.S. 22-7-409 (1.2)(d)(I)(C)(III) (home school students not required to take state assessments) C.R.S. 22-33-104.5 (home-based education law)
C.R.S. 22-33-104.5 (3)(f) (scores on nationally standardized tests or evaluations required in paragraph 4 above, are not considered when the state awards academic performance grades to each school) C.R.S. 22-33-107 (compulsory attendance law) C.R.S. 22-32-116.5(2) (extracurricular and interscholastic activities) CROSS REFS.:
JGA, Assignment of New Students to Classes and Grade Levels JHB, Truancy JJJ, Extracurricular Activity Eligibility
NOTE: The parent/guardian of a student who wants to establish a home-based education program may choose any public school district in the state to be the student’s district of residence by notifying the district as set forth in paragraphs 1 and 2 of this policy. C.R.S. 22-33-104.5 (3)(e) and C.R.S. 22-33-104.5 (5)(a)(II)(A). Eagle County School District, Re50J Adopted: May 24, 1989
File: IHBH
Alternative School Programs (Senior Options) The Board of Education endorses the concept of alternative educational experiences for senior class students who believe, together with their parents/guardians, that it is impractical to be in school full time when full time attendance is not necessary to meet graduation requirements. Senior options-including independent study; study in another educational institution; and work or volunteer service on a regular basis--will be permitted under guidelines established by the administration. Eagle County School District, Re50J Adopted: March 18, 1992 Revised: July 1, 2006
File: IHBIB
Primary/Preprimary Education Kindergarten programs The district shall establish and maintain a kindergarten program or programs. A kindergarten program may be a half-day or full-day program, and the district shall receive state funding for students enrolled in these programs on a half-day or full-day basis, in accordance with state law. For the 2005-2006 school year and each school year thereafter, a child must be five years of age by October 1 to be eligible for enrollment in any kindergarten program, unless the child is otherwise enrolled in the program pursuant to applicable law. Preschool programs All district preschool programs shall comply with the rules established by the Department of Education and with rules for child care centers established by the Department of Human Services. However, full-day kindergarten components of the district's preschool program are not required to comply with the Department of Human Services' rules regarding child care centers. Children with disabilities In meeting its obligation to offer an individualized program for children with disabilities at age three, the district shall provide a special education preschool program at no cost to students who have been identified as disabled pursuant to applicable law.
Colorado state preschool program In addition, the district shall provide a preschool program as part of the Colorado Preschool Program for three-, four- and five-year-old children who lack learning readiness due to significant family risk factors, who are in need of language development or who are receiving services from the Colorado Department of Social Services as neglected or dependent children. All enrolling three-year-olds must lack overall learning readiness that is attributable to at least three of the significant family risk factors. Four and five year old student who qualify based on risking factors ma participate in the Head Start Program. Beginning with the 2005-2006 school year, a child must be the requisite age by October 1 of the applicable budget year to be eligible for enrollment, unless the child is otherwise enrolled in the program pursuant to applicable law. Parents/guardians wishing to have their children participate in this program shall make application to the district. Participants then shall be selected on the basis of greatest need. When the district receives funding from the state to do so, the district shall also include a full-day kindergarten as part of the preschool program Other children who wish to enroll on tuition basis In an effort to offer a well-rounded learning experience, the preschool program may be open on a tuition basis to students who have not been identified as disabled pursuant to applicable law or who are not eligible for the program because of the factors listed above. The administration shall develop admission procedures that take into consideration space and staffing requirements. LEGAL REFS.:
C.R.S. 22-20-101 et seq. (Exceptional Children’s Educational Act) C.R.S. 22-28-101 et seq. (Colorado Preschool Program Act) C.R.S. 22-32-119(1) (requires establishment of kindergarten program) C.R.S. 22-45-103(1)(g) (Preschool program fund) C.R.S. 22-54-103(9.5) (definition of preschool enrollment) C.R.S. 22-54-103(10) (funding for kindergarten) C.R.S. 22-54-105(4) (At-risk funding) C.R.S. 26-6-102 (1.5) (definition of child care center) 1 CCR 301-8, Rules 2220-R-1.00 et seq. (Rules for the Administration of the Exceptional Children’s Educational Act)
CROSS REFS.:
BDFC*, Preschool Council IHBA, Special Education Programs for Students with Disabilities NOTE 1: If the district has incorporated a Head Start program as part of its preschool, this policy needs to be revised accordingly. NOTE 2: Pursuant to C.R.S. 22-28-106, the term “significant family risk factors” is defined to mean any of the following: • The child is eligible to receive free or reduced-cost lunch pursuant to the National School Lunch Act • Homelessness of the child’s family • An abusive adult residing in the home of the child • Drug or alcohol abuse in the child’s family • Either parent of the child was less than eighteen years of age and unmarried at the time of the birth of the child • The child’s parent or guardian has not successfully completed a high school education or its equivalent • Frequent relocation by the child’s family to new residences • Poor social skills of the child
NOTE 3: School districts participating in the Colorado Preschool Program must budget an amount equal to the district’s per pupil operating revenues multiplied by the district’s preschool enrollment. This amount must be allocated to the preschool program fund and may be expended only to pay costs of providing preschool services directly to enrolled children (for example teacher and paraprofessional salaries and benefits, supplies, home visits, and the like). Any moneys remaining in the fund at the end of any fiscal year must remain in the fund. NOTE 4: Pursuant to C.R.S. 22-54-103, school districts participating in the Colorado Preschool Program may choose to determine the number of students enrolled in such preschool program(s), including those students with disabilities enrolled in such program(s), on November 1 within the applicable budget year or the school date nearest to November 1, instead of on October 1. These preschool students shall be counted as half-day pupils. Eagle County School District, Re50J Adopted: June 14, 1989
File: IHCD
Advanced College Placement The Eagle County School District Board of Education believes that students who are capable of and wish to pursue college level work while in high school should be permitted to do so. The Superintendent (or his/her designee) shall coordinate the advanced college placement program. Any student who wishes to participate must inform his/her counselor at least two months in advance. LEGAL REF.:
C.R.S. 22-34-101 C.R.S. 22-35-101 et. seq.
Eagle County School District, Re50J Adopted: June 14, 1989 Revised: October 12, 1998
File: IHCDA
Post-secondary Options/Concurrent Enrollment The Eagle County School District Board of Education believes that students who are capable of and wish to pursue college level work while in high school shall be permitted to do so. There are two options in state law available to high school students meeting specified criteria for post-secondary study. Any student participating in either of these programs shall be granted a high school diploma upon evidence that (s)he has completed the required academic work. Post-secondary Program 1.
Eligibility
Any 11th or 12th grade student who is under the age of 22 shall be eligible to apply to an institution of higher education for enrollment through the postsecondary options program if he or she: •
is deemed by the student and parent/guardian on the advice of the principal to be in need of course work at a higher academic level than that available at school.
•
is deemed by school personnel to show a high degree of maturity and responsibility, especially with regard to potential for completing postsecondary courses
•
is deemed by school personnel to be in need of a different environment
•
has given two months’ written notice to the school district specifying the course in which the student intends to enroll
2. Academic credit Academic credit granted for course work successfully completed by a student under this program shall count as high school credit toward graduation requirements unless credit is denied by the principal and the denial is upheld by the superintendent and the Board of Education on the basis that such credit is inappropriate. An appeal procedure is provided in the event a student is denied high school credit. A student participating in this program shall still be considered as enrolled in the district and eligible for all high school activities. This program is not available for summer school 3.
Agreement with institution When a student enrolls in courses at an institution of higher education for high school credit, the school district and the participating institution shall enter into a written cooperative agreement which shall include, but not be limited to, the requirement that the student or parent/guardian shall be reimbursed by the district for the amount of tuition paid by the student or parent/guardian for the first two courses taken in any one academic term upon successful completion of the courses. The agreement shall include statements that any courses taken by student under this program also shall qualify as credit toward earning a degree or certificate at the institution of higher education.
4.
Payment of tuition by student Except as noted below, the student or parent/guardian shall be responsible for paying the tuition associated with post-secondary courses taken by the student. The school district shall reimburse the students or parent/guardian for tuition paid for the first two post-secondary courses taken by a student for high school credit in any one academic term upon receipt of proof that the student received a passing grade upon completion of the course. The district shall not reimburse the student or parent/guardian for tuition for courses not passed or for any courses in excess of two per academic term. [Note: the
district may choose to reimburse the student or parent/guardian for tuition paid for the third and each additional course per academic term.] 5.
Payment of tuition by district The district shall pay tuition for the first two courses per academic term for any student who is eligible for a free or reduced cost lunch. The district may pay tuition for the first two courses per academic term for any student if the payment of tuition would constitute a financial hardship for the student or parent/guardian and the student has shown evidence of responsibility for the commitment to successfully completing post-secondary courses. Prior to paying the tuition for any student, the district shall require the student and parent/guardian to sign a promise to repay the amount of tuition paid by the district on the student’s behalf if the student fails or otherwise does not complete the post-secondary course for any reason without consent of the principal of the school in which the pupil is enrolled. The agreement shall be enforced by the district and the student or parent/guardian shall be responsible for reimbursing the district as provided in the promise.
6.
Transportation costs The school district shall not provide or pay for transportation to the institution of higher education.
7.
Notice to students and parents/guardians Information about the post-secondary options program, including the appeals procedure if high school credit is denied, shall be distributed annually to all students in grades nine through 12 and to their parents/guardians. Notice shall be given to allow sufficient time for students and parents/guardians to consider this option. 8.
Reports to State Board The Board shall comply with all reporting requirements of the State Board of Education.
Fast Track Program Any student who has completed the requirements for graduation may take one or more higher education courses during the senior year. The student shall remain eligible for sanctioned high school activities if meeting the academic and residency qualifications. Tuition for higher education courses shall be paid by the District in accordance with the formula in law. The District shall not be responsible for the costs of transportation, room and board, fees, books or equipment. LEGAL REF.:
C.R.S. 22-34-101 C.R.S. 22-35-101 et.seq.
CROSS REF.:
IKF, Graduation Requirements JII, Student Concerns, Complaints & Grievances
Eagle County School District, Re50J Adopted: June 14, 1989 Revised: December 19, 1992
File: IHCDA
Post-secondary Options/Concurrent Enrollment The Eagle County School District Board of Education believes that students who are capable of and wish to pursue college level work while in high school shall be permitted to do so. There are two options in state law available to high school students meeting specified criteria for post-secondary study. Any student participating in either of these programs shall be granted a high school diploma upon evidence that (s)he has completed the required academic work. Information about post-secondary enrollment options shall be made available to student and their parents/guardians. Post-secondary Program Any 11th or 12th grade student who is under the age of 21 is eligible to apply to an institution of higher education through the post-secondary enrollment program. The program is not available for summer school. The Eagle County School District and the participating institution of higher education shall enter into a written cooperative agreement which shall include but not be limited to academic credit and payment of tuition. Academic credit granted for course work successfully completed by a student under this program may qualify as high school credit at the institution of higher education or both. A student participating in this program shall still be considered as enrolled in the District and eligible for all high school activities. Payment of tuition shall depend on the formula set out in state law, State Board of Education rules, and the cooperative agreement. Students shall not be required to pay tuition for courses accepted for high school credit. The School District shall not provide nor pay for transportation to the institution of higher education. Information about the post-secondary options program, including the appeals procedure if high school credit is denied, shall be distributed annually to all students in grades 9 through 12 and to their parents. The Board shall comply with all reporting requirements of the State Board of Education. REGULATIONS: 1. 2. 3.
A student intending to enroll in a post-secondary program must give written notice to the high school counselor two months in advance of his/her enrollment. The notice must include a description for all course work for which (s)he plans to enroll and for which (s)he requires high school graduation credit. The high school principal or counselor will determine which of the requested courses
will be granted high school graduation credit. Credit will be denied for courses which do not meet or do not exceed graduation requirements in subject content or grade. Credit also will be denied for courses which duplicate those offered by the school unless the student has encountered scheduling conflicts. 4.
If the high school principal or counselor denies credit toward graduation for any of the requested courses, (s)he will notify the student in writing of the reason within ten (10) working days of receipt of the enrollment notice. (S)he also will provide the student with a copy of the procedures and forms for appeal to the Board of Education.
5.
If the student decides to appeal to the Board of Education, (s)he must file the appeal within ten (10) working days after receiving notice of denial of credit.l
6.
The Board must notify the student in writing of its decision within thirty (30) working days of his/her filing the appeal. If the Board upholds the denial of high school credit, it must provide the student with procedures and forms for appeal to the State Board of Education.
7.
An appeal to the State Board of Education must be filed within (10) working days of the decision of the local board.
Fast Track Program Any student who has completed the requirements for graduation may take one or more higher education courses during his/her senior year. (S)he shall remain eligible for sanctioned high school activities if (s)he meets the academic and residency qualifications. Tuition for higher education courses shall be paid by the District in accordance with the formula in law. The District shall not be responsible for the costs of transportation, room and board, fees, books or equipment. LEGAL REF.:
C.R.S. 22-24-101 C.R.S. 22-35-101 et.seq. 1 CCR 301-33, Rules-R-1.0 et seq.
CROSS REF.:
IKF, Graduation Requirements JII, Student Concerns, Complaints & Grievances
Eagle County School District, Re50J Adopted: July 23, 1986 Revised: April 27, 1988
File: IHD
Adult/Community Education Many people are forced by circumstances to discontinue their schooling prior to completing high school. For this reason, the Adult Education program is designed for out-of-school persons under the supervision of the Eagle County School District Re50J and in cooperation with Colorado Mountain College for the purpose of obtaining a high school diploma. The immediate objective is to provide people an opportunity to continue their education and to help them acquire the aforementioned diploma. The coordinator of the Adult Education program is the person in the Eagle County School District
who has been assigned the specific responsibility of the administration of all adult programs in the District. The coordinator will serve as the chairperson of the Adult Education Council. The Adult Education Council consists of G.E.D. teachers, high school counselors, CMC counselors, a minimum of one high school teacher, the coordinator of adult education, Colorado Mountain College center directors, and a minimum of one representative at large. The Council shall be responsible for recommending District policy concerned with the operation of the Adult Education program. Specifically, the Council will evaluate need, establish programs, and track participation of any student in the Adult Education program. Ultimately, the Council will recommend acceptance or rejection of completed programs to the Eagle County School District Board of Education for its consideration and action. REGULATIONS: 1.
Persons who are not currently enrolled in a regular School District program and whose class has graduated at least twelve months previously may become eligible to graduate through the Adult Education program (persons may be admitted to the program and begin working toward the fulfillment of the graduation requirements during that year). A class shall be considered to be the class that graduates four years from a person's enrollment into ninth grade.
2.
All credits toward high school completion should be well documented, signed, dated, and explained in the permanent cumulative record stored by the School District. The records shall be maintained in the charge of the Eagle County School District. Additional copies of the records may be maintained by Colorado Mountain College.
3.
All enrollees in the program, regardless of whether or not they have been a student in the Eagle County School District, must successfully complete at least three credits of course work at Colorado Mountain College, the content or course to be determined on an individual basis by a CMC counselor and/or the Adult Education Council. Candidates must have lived in the Eagle County School District for at least one year. Documentation of residency may be required.
4.
The requirements for the high school diploma for adults shall be as follows: a.
Unit requirements One unit equals one class for one year in high school; a three credit CMC course equals one half unit. Each student must fulfill the following requirements: (1) (2) (3) (4) (5)
Three units of English Two units of Social Studies Two units of Mathematics One unit of Science Twelve units in elective areas
A total of 20 units are required. In cases where the student is intellectually handicapped, the above unit requirements may be waived and substituted with an alternative program approved by the Adult Education Council. b.
The General Educational Development (G.E.D.) examination may be applied to the unit requirements above in the following manner: (1)
A minimum individual test score of forty is required for credit (the state
(2) (3) (4) (5) (6) 5.
requirement is that when the full battery is taken, there be an average of 45 with no score less than 35) Three units of English or the Reading and Writing Skills Test Two units of Social Studies or the Social Studies Skills Test Two units of Mathematics or the Math Skills Test One unit of Science or the Science Skills Test Twelve additional units in the elective area are also required under the G.E.D. testing method
Units of credit to meet the above requirements may be earned or granted as ollows: a. Credits earned in accredited schools b. Military service (not to exceed two credits) c. Career experiences* d. Life experiences* *One credit of work experience may be earned on the basis of 6 months of full time employment with the same employer and with good experience recommendations, up to a limit of four credits (24 months). Credit for life experience may be awarded by the Council on the basis of individual circumstances, the combination of the two being limited to six unless approved by two-thirds vote of the Council. Granting of credit in each case shall be based upon a written application.
6.
Acceptance of credit from accredited school: The procedure for acceptance of credits from other schools shall be in accordance with the regular Eagle County School District policy regarding acceptance of credit for entrance of students from other schools. The counselors at the high schools and/or the coordinator of the adult education will be responsible for making this determination.
7.
A maximum of two units of credit may be allowed for basic military training (two year of military service). An additional two units may be granted for educational experience in the military service upon receipt of appropriate documentation. Appropriate documentation shall include the amount of time spent on the educational experience and the type and satisfactory completion of the educational experience.
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: February 8, 2012
File: IIB
Class Size The Board is aware that class size has bearing upon effective teaching. Therefore, when economically feasible, the following guidelines will be utilized for determining maximum class size: Kindergarten, First Grade - 25 students per class Second and Third Grade - 30 students per class Grades Four through Six - 30 students per class Grades Seven through Twelve - A school average of 25 students per class (The nature of a departmentalized school is that some classes will be larger than others) When balancing classes, consideration should be given to the even distribution of children with exceptional needs (e.g. those identified by the District as exceptional children, those with limited language skills, or those who have been identified by the District as having behavioral problems).
The established formulas for staffing instructional, support, and administrative roles should be adhered to in aligning personnel needs with the growth or decline of enrollment. CROSS REF.:
GCM/GCMA/GCMD -- Professional Staff Work Load/Planning Time/Extra Duty
Eagle County School District, Re50J Adopted: May 24, 1989
File: IIJ
Individualized Instruction The Board of Education shall encourage those programs, instructional arrangements, and forms of class organization which provide opportunities for each student to progress in school at his/her own pace and attain the highest educational achievement possible for him/her as an individual. The Board believes that such programs must necessarily provide for a high degree of individualized instruction and a wide variety of teaching-learning materials. Further, the Board recognizes that individualized instruction becomes meaningless in the long run unless it is accompanied by means through which a student's progress can be evaluated and measured in relation to his/her own abilities and the progress (s)he alone has shown. The Board shall support and encourage its staff to examine, study, and try out new programs, as described above, to individualize instruction and learning. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: May 24, 1989
File: IJ
Instructional Resources and Materials As the governing body of the School District, the Board is legally responsible for the selection of all instructional materials. Since the Board is a policymaking body, it delegates to professional personnel of the District the authority for the selection of instructional and library materials in accordance with this policy. Materials for school classrooms shall be selected by the appropriate professional personnel in consultation with the administration. Final decision on purchase shall rest with the Superintendent (or his/her designee). Objectives of Selection The primary objective of the school's educational media center shall be to implement, enrich, and support the education program of the school. It is the duty of the center to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view. Responsibility for Selection The Board shall be ultimately responsible for the selection of instructional materials. However, it may delegate responsibility for recommending selections to the professionallytrained personnel employed by the District. Selection of materials involves many people: principals, teachers, supervisors, and media
specialists. The responsibility for coordinating the selection of instructional materials and making the recommendation for purchase shall rest with the professionally-trained media personnel. Criteria for Selection Needs of the individual school, based on knowledge of the curriculum and of the existing collection, shall be given first consideration. Materials for purchase shall be considered on the basis of overall purpose, timeliness or permanence, importance of the subject matter, quality of the writing and production, readability and popular appeal, authoritativeness, reputation of the publisher/producer, and format and price. Requests from faculty and students shall be given consideration. Gift materials shall be judged by basic selection standards and shall be accepted or rejected by these standards. REGULATIONS: In selecting materials for purchase, the media specialist shall evaluate the existing collection and consult reputable, unbiased, professionally-prepared selection aids; specialists from all departments and/or grade levels; and the media committee appointed by the principal to serve in an advisory capacity in the selection of materials. In specific areas, the media specialist shall follow these procedures: 1.
Multiple items of outstanding and much-in-demand media shall be purchased as needed.
2.
Worn or missing standard items shall be replaced periodically.
3.
Out-of-date or no longer useful materials may be withdrawn from the collection.
4.
Sets of materials and materials acquired by subscription shall be examined carefully and purchased only to fill a definite need.
5.
Salesmen must have permission from the principal's office before going into any of the schools.
LEGAL REF.:
C.R.S. 22-1-104 (2) C.R.S. 22-32-109 (1)(t) C.R.S. 22-32-110 (1)(o),(p),(q),(r) C.R.S. 22-53-108 (2)
CROSS REF.:
DB, Annual Budget, and subcodes IB, Academic Freedom IJJ/IJK/IJL, Textbook Selection and Adoption IJNC, Resource Centers/Media Centers/School Library IMB, Teaching About Controversial/Sensitive Issues KEC, Public Concerns/Complaints about Instructional Resources
Eagle County School District, Re50J
File: IJJ/IJK/IJL
Request for Reconsideration of Instructional/Media Materials or Teaching Strategy Request initiated by _____________________________
Date _________________
Telephone No. _______________ Address ___________________________________ School where process was initiated ___________________________________________ Complainant represents: ___ Individual ___ Group/Organization Please identify _____________________________________________________________ Title of Material and/or Description of Teaching Strategy ____________________ _____________________________________________________________________ Author _______________________________ Publisher__________________________ 1.
Did you examine, review, or listen to this learning resource or presentation in its entirety? ___ Yes ___ No If no, comment: _______________________________________________________________ _________________________________________________________
2.
Are you aware of the judgment of this material/teaching strategy by professional critics? ___ Yes ___ No If no, would you be interested in receiving this information? ___ Yes ___ No
3.
Describe what prompted your concern about this material/strategy, such as: material assigned to your child, material reviewed by local or national group, other: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
4.
In what unit of study is this material/strategy used? _______________________________________________________________
5.
Are you familiar with the Eagle County School District's program objectives related to this unit of study or teaching strategy? ___ Yes ___ No
6.
Please comment as to where this material/strategy is inconsistent with the Eagle County School District philosophy, mission statement, and/or student outcomes: _______________________________________________________________ _______________________________________________________________
_______________________________________________________________ _______________________________________________________________ 7.
To what do you object concerning the presentation of this material/strategy? Please be specific in your references (page numbers, words, scenes, illustrations, content, etc.) _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________
8.
What do you think might be the result of exposing students to this material/strategy? _______________________________________________________________ _______________________________________________________________
9.
What recommendation(s) are you making to this District? ___
a.
Restrict the use of this material/strategy as follows:
_____________________________________________________________ ___
b.
Withdraw this material/strategy from _______________________ (School)
___
c.
Withdraw this material/strategy from the District.
___
d.
Other (please explain): ____________________________________ _____________________________________________________
10.
Can you suggest other materials/strategies that could be used in place of this material/strategy which are of greater or equal value? _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
11.
For what age group would you recommend the presentation of this material/strategy? _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
12.
What benefits, if any, do you believe could be derived from the presentation of this material/strategy? _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
13.
What theme or message do you think is conveyed by the presentation of this material or the use of this strategy? _______________________________________________________________
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 14.
Do you believe there is anything good about the material/strategy? If so, please describe. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
15.
Other comments: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
RETURN COMPLETED FORM TO SCHOOL PRINCIPAL Signature of Complainant________________________________________________ Eagle County School District, Re50J Adopted: January 27, 1988 Revised: July 1, 2001
File: IJJ/ILK/IJL
Textbook/Supplementary Materials/ Library Materials Selection and Adoption PHILOSOPHY The primary objective of the Eagle County School District's instructional/media materials and teaching strategies shall be to implement, enrich, and support the education program of the school. It is the duty of the school and the media center to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view. The school media centers provide additional materials to attract students to reading, viewing, and listening as sources of life-long pleasure and recreation over and above needed subject content. RESPONSIBILITY FOR SELECTION OF MATERIALS The Board of Education, as the policy making and governing body of the School District, is legally responsible for the selection and approval of all print and non-print materials. Selection of materials should involve many people (i.e. administrators, teachers, and media specialists). The responsibility for coordinating the selection of instructional and media materials and for making recommendations for purchase is delegated to the professionally-trained staff. OBJECTIVES OF SELECTION 1. To provide materials that will implement, enrich, and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the pupils served. 2.
To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
3.
To stimulate a love of reading, viewing, listening, and learning which will provide for
recreation and personal enjoyment, and will encourage a continuing self-education enabling one to make intelligent judgments in daily life. 4.
To provide materials on opposing sides of issues so that young citizens may develop the skills of critical analysis.
5.
To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality.
6.
To provide an understanding of the American freedoms and a desire to preserve and enhance the democratic form of government through the development of informed and responsible citizens.
7.
To provide materials representative of religious, ethnic, and cultural groups.
CRITERIA FOR THE SELECTION OF INSTRUCTIONAL AND MEDIA CENTER MATERIALS 1. Selection of materials shall be based upon the needs of students and the needs of school personnel. 2.
Materials shall support and be consistent with the general educational goals of the District and the objectives of specific areas of study and/or courses.
3.
Materials shall meet high standards of quality in content and presentation.
4.
Materials shall be appropriate for the subject area and for the age, emotional development, ability level, and social development of the students for whom the materials are selected.
5.
Materials shall have aesthetic, literary, or social value.
6.
Materials shall be written/prepared by competent and qualified authors and producers.
7.
Materials shall fairly represent the economic, political, and religious dimensions of historical and contemporary society. Materials shall be designed to encourage students and staff to meet their responsibilities and obligations as citizens and to understand their rights and privileges.
8.
Materials shall foster respect for cultural, ethnic, and religious groups.
9.
Materials on controversial issues shall be selected to maintain a balanced collection representing various views. Biased or slanted materials may be provided to meet curriculum objectives that are otherwise consistent with these procedures and Board policy.
10.
Physical format and appearance of materials shall be suitable for their intended use.
11.
Gift materials shall be judged by basic selection standards and shall be accepted or rejected on the basis of these standards. Materials selection should be a systematic, continuing process throughout the year so that resources will be balanced in terms of both curriculum needs and the needs and interests of individual students and instructors. Suggestions and/or requests from faculty, students, parents, and residents of Eagle County for additional materials are encouraged.
CRITERIA FOR REMOVAL OR THE RESTRICTIVE USE OF INSTRUCTIONAL/ MEDIA MATERIAL 1. The material is worn and cannot be economically repaired; 2.
The material has been replaced by a newer edition;
3.
The material is misleading and/or factually inaccurate;
4.
The material is educationally unsuitable or educationally unsuitable for a specific age group;
5.
The material is pervasively obscene. A record will be kept by the Assistant Superintendent (or his/her designee) of all materials that have been removed or restricted because of criteria #3, #4, and #5. The record will identify the reason for removal, the name of the person(s) responsible for the removal, and the date the removal occurred.
PROCEDURE FOR RE-EVALUATION OF INSTRUCTIONAL/MEDIA MATERIALS OR TEACHING STRATEGIES 1. Each principal shall review the selection and objection rules with the staff at least annually. The staff shall be reminded that the right to object to materials/strategies is one granted by policies enacted by the Board of Education. They shall also be reminded of ethical and practical considerations in attempting to handle resident or colleague complaints with courtesy and integrity. 2.
Any resident or employee of the Eagle County School District may raise objection to instructional/media materials or teaching strategies used in the District. Only the procedures in this policy may be used for a challenge.
3.
The certificated staff member receiving a complaint regarding instructional/media materials or teaching strategies shall try to resolve the issue informally.
4.
a.
The certificated staff member initially receiving a complaint shall explain to the complainant the school's and/or the District's selection procedure and/or criteria, and the qualifications of those persons selecting the material or using the teaching strategy. The complainant should be offered a copy of this policy.
b.
The certificated staff member initially receiving a complaint shall explain the purpose the objected to material/strategy has in the educational program, and any additional pertinent information regarding its use. In the alternative, the certificated staff member may refer the complaining party to someone who can identify and explain the use of the material/ strategy.
c.
The individual receiving the initial complaint shall report the complaint to the principal no later than the end of the following school day, whether or not the complainant has apparently been satisfied by the initial contact. A written record of the contact shall be prepared by the staff member initially receiving the complaint and shall be filed with the principal. In the case where the principal receives the initial complaint from the resident/employee, (s)he shall be responsible for completing this written record.
In the event that the person making an objection to the material/strategy is not satisfied with the initial explanation, the person raising the question should be referred to the building principal. If, after meeting with the principal, the complainant desires to file a formal
complaint, the principal will provide the complainant with a copy of the District "Request for Reconsideration of Instructional/Media Materials or Teaching Strategy" form (Exhibit IJJE1). The District Office and the administrative offices of each school will keep on hand and make available this form upon request. All formal objections to instructional materials must be made on this form and submitted to the Superintendent. 5.
Any materials/strategies which have been through the complete re-evaluation process within the past three years will not be reconsidered.
6.
All formal objections will be reviewed by a District "Reconsideration of Materials/Teaching Strategy Committee." This committee shall be appointed and meet whenever necessary to consider a challenge.
7.
Generally, use of challenged materials/strategies shall not be restricted during the reconsideration process. However, in unusual circumstances, use of the material/strategy may be temporarily discontinued at the sole discretion of the Superintendent.
8.
The "Reconsideration of Materials/Teaching Strategy Committee" will utilize the following procedures: a.
If a formal challenge is received, a District "Reconsideration of Materials/Teaching Strategy Committee" shall be appointed not later than thirty (30) calendar days following receipt of the challenge. A new committee shall be formed for each challenge.
b.
The Committee shall hold an organizational meeting within fifteen (15) calendar days after all the members have been appointed.
c.
The Committee shall be made up of nine members: (1) Three (3) teachers (2) One (1) principal (3) One (1) media specialist (4) The Superintendent's designee (5) Three (3) School District residents The teachers, the principal, the media specialist, and the Superintendent's designee shall be appointed by the Superintendent. The School District residents shall be appointed by the ECSD District Accountability Committee.
d.
The Superintendent's designee shall act as the chairperson for the Committee from among the membership. The chairperson will vote only to break a tie vote.
e.
If the challenge is made by more than one person, the group making the challenge shall select one person as its spokesperson, and the spokesperson shall be the sole representative of the group making the challenge throughout the challenge procedures.
f.
The procedure for the first meeting following the organizational meeting shall be as follows: (1) (2)
The complainant will be provided with a copy of Policy IJJ/IJK/IJL, a listing of the membership of the Committee, and relevant information regarding the meeting (e.g. time, date, location, etc.); Copies of the challenge form shall be distributed to each Committee member;
(3) (4) (5) (6)
The complainant or group spokesperson shall have an opportunity to talk about and expand on the information in the challenge form; If available, copies of professionally-prepared reviews of the challenged materials/strategy shall be distributed to Committee members; Copies of the challenged materials shall be distributed; Each Committee member shall be asked to review the information received or distributed before the next meeting.
g.
At a subsequent meeting, interested persons, including the complainant or group spokesperson, shall have the opportunity to share their views. The Committee will request that individuals with special knowledge be present to give information to the Committee. The complainant or group spokesperson shall be kept informed by the chairperson concerning the status of the complaint throughout the Committee reconsideration process. The complainant and known interested parties shall be given appropriate notice of committee meetings. Meetings shall be conducted informally, but the Committee shall have the discretion to set the meeting dates and agendas and to determine who may present information to the Committee. The Committee may hold as many meetings as it deems necessary.
h.
The Committee shall make findings and submit a written decision to the parties involved (i.e. Superintendent, complainant, and appropriate building principals) within fourteen (14) calendar days of the hearing, unless additional time is needed. The Committee's decision shall include one of the following recommendations: (1) The material, issue, or strategy is compatible with the criteria and guidelines of policy and should not be restricted. (2) The material, issues, or strategy is not compatible with the criteria and guidelines of policy and should be discontinued. (3) The material, issue, or strategy should be limited to the conditions specified by the Committee.
i.
A recommendation to sustain a challenge shall not be interpreted as a judgment of irresponsibility on the part of the professionals involved in the selection or use of the material/strategy.
9.
If either party is dissatisfied with the Committee's decision, (s)he may appeal to the Superintendent. Such appeal shall be in writing and shall include a statement of the complaint, the decisions of the Committee, and a statement of the reasons for the appeal. This appeal must be submitted within fourteen (14) calendar days after receipt of the Committee's decision.
10.
The Committee's recommendation(s) are not binding on the Superintendent; however, the Superintendent will consider the Committee's recommendation(s) before making a final decision. The Superintendent will provide the Committee, the complainant(s), and the appropriate principal(s) with a written decision after completion of this process. This decision shall be final unless the Board of Education accepts the matter for review.
8.
If not satisfied with the Superintendent's decision, the complainant(s) or the committee members may request that the matter be placed on the agenda of the next regularly scheduled meeting of the Board of Education. The Board shall have the discretion to accept or reject the matter for review. If the Board of Education decides to hear the complaint, the Board shall schedule a meeting, at which it will consider the appeal. At such meeting, the Board may hear arguments from the parties, review the prior decisions and evidence, and make such inquiry as it deems necessary. The Board will render a written decision to all parties concerned. The Board's decision will be final, and appropriate administration action,
if necessary, will be taken. CROSS REF.:
IJ, Instructional Resources and Materials KEC, Public Concerns/Complaints About Instructional Resources NOTE 1: Each school district should approve procedures to accompany this policy. NOTE 2: If a school district obtains library grant moneys pursuant to C.R.S. 24-90402 et seq., the district must equip all school library computers with software and internet service that “filter� and limit the ability of minor students to gain access to materials that are obscene or illegal. The district must also develop a policy that establishes and enforces measures to restrict minor students from obtaining computer information that is obscene or illegal.
Eagle County School District, Re50J Adopted: May 24, 1989
File: IJM
Special Interest Materials Selection and Adoption Commercial organizations offer many materials for use by staff members in the classroom. Some of these materials are of high educational value with little or no advertising emphasis. Other materials are primarily advertising and have only limited educational value. In general, supplementary printed materials from commercial, political, religious, or other nonschool sources, should have the approval of the Assistant Superintendent (or his/her designee) before being used in the schools. This approval may be given to materials which are of obvious educational quality, which supplement and enrich text and reference book materials for definite school courses, which are timely and up-to-date, and which promote American democratic ideals and moral values. Advertising materials of commercial, political, or religious nature should not be displayed or distributed in the schools or on the school grounds without the approval of the building administrator. Pupils may not be used as agents for distributing nonschool materials to the homes without the approval of the Superintendent (or his/her designee). Teachers may use special aids (nonprinted materials) such as models, cuts, films, slides, pictures, charts, and exhibits for educational purposes with the approval of the principal although such materials may bear the name of a commercial business firm which may have provided the aid. Educational films secured from or through commercial sources shall be approved by the principal prior to their use in the schools. Eagle County School District, Re50J Adopted: October 22, 1986 Revised: May 24, 1989
File: IJNA
Teacher Assistants The Eagle County School District Board of Education believes... ...
that the job of a teacher can be enhanced by the hiring of teacher assistants to relieve teachers from routine duties, thereby allowing more time for actual teaching.
...
that teacher assistants can assist in many non-professional activities (teacher assistants cannot relieve professional personnel of their responsibilities for the instructional program).
REGULATIONS: 1.
A teacher assistant shall be defined as a person who works under teacher or principal supervision on tasks which can be instructional, non-instructional, or clerical in nature. Assistants will be hired only for one-year appointments. The needs of the school will be redefined on an annual basis.
2.
The hiring of teacher assistants will be considered when the student-teacher ratio exceeds the recommended guidelines for class size as set by the Eagle County School District Board of Education. The guidelines for determining maximum class size are: Kindergarten, First Grade - 20 students per class Second and Third Grade - 23 students per class Grades Four through Six - 25 students per class Grades Seven through Twelve - A school average of 25 students per class (The nature of a departmentalized school is that some classes will be larger than others)
3.
The allocation of teacher assistant time at the elementary level shall be made because of an established need and shall normally not average over 50 minutes of assistant time per day per teacher. The hiring of an assistant may also be considered when specific circumstances warrant the addition of an assistant (e.g. special education, bilingual education, English as a second language).
4.
The hiring of teacher assistants must have the approval of the Superintendent (or his/her designee) and the Board of Education. There must be sufficient funds within the budget prior to the hiring of any teacher assistant.
5.
The building principal shall be responsible for orientating the teacher assistant to the scope of his/her duties, the importance of his/her work, and for defining his/her relationship to the professional staff. The building principal also has the responsibility for evaluating any or all teacher assistants working within his/her building.
6.
When a teacher assistant is used in a classroom, the teacher shall remain the diagnostician for learning, the manager of learning experiences, and the decision maker in learning situations.
Eagle County School District, Re50J Adopted: May 17, 1977
File: IJNC
Resource Centers/Media Centers/School Library The Board reaffirms the objectives of the Standards for School Media Programs, prepared jointly in 1969 by the American Association of School Librarians and the Department of Audio-Visual Instruction, and asserts that the responsibility of the library media center shall be: 1.
To provide materials that will enrich and support the curriculum, taking into consideration
the varied interests, abilities, and maturity levels of the students served. 2.
To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
3.
To provide a background of information which will enable students to make intelligent judgments in their daily life.
4.
To provide materials on opposing sides of controversial issues so that young citizens may develop under guidance the practice of critical analysis of all media.
5.
To provide materials representative of the many religious, ethnic, and cultural groups and their contributions to our American heritage.
6.
To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library media center.
LEGAL REF.:
C.R.S. 22-32-110 (1) (r)
CROSS REF.:
IJ, Instructional Materials KEC, Public Concerns/Complaints About Instructional Resources
Eagle County School District, Re50J Adopted: May 17, 1977
File: IJNC-E1
School Library Bill of Rights The American Association of School Librarians reaffirms its belief in the Library Bill of Rights of the American Library Association. Media personnel are concerned with generating understanding of American freedoms through the development of informed and responsible citizens. To this end, the American Association of School Librarians asserts that the responsibility of the school library media center is: To provide a comprehensive collection of instructional materials selected in compliance with basic written selection principles, and to provide maximum accessibility to these materials. To provide materials that will support the curriculum, taking into consideration the individual's needs, and the varied interests, abilities, socioeconomic backgrounds, and maturity levels of the students served. To provide materials for teachers and students that will encourage growth in knowledge, and that will develop literary, cultural and aesthetic appreciation, and ethical standards. To provide materials which reflect the ideas and beliefs of religious, social, political, historical, and ethnic groups and their contribution to the American and world heritage and culture, thereby enabling students to develop an intellectual integrity in forming judgments. To provide a written statement, approved by the local boards of Education, of the procedures for meeting the challenge of censorship of materials in school library media centers. To provide qualified professional personnel to serve teachers and students.
Eagle County School District, Re50J Adopted: September 12, 1979 Revised: July 1, 2003
File: IJOA (JJH)
Field Trips The Eagle County School District believes that field trips and excursions are important experiences which enhance student learning. No student will be denied a field trip experience because (s)he is not able to pay any associated fees. DEFINITION: Field Trip: A district-sponsored field trip may utilize any means of transportation (including overnight trips) for educational purposes in which an adult District employee supervises students; timely notification and specific parental permission are required for each field trip. In order for the field trip to not be school sponsored: -
-
It should be scheduled entirely during non-school days. No advertising, organizational meetings or information about the trip should be communicated on school time. A clear statement must be provided to students and parents stating the trip is not school sponsored. The District does not accept any liability for insurance coverage because the trip is not provided by any school district transportation. No teacher leave from work is required or, if so, it is classified as leave without pay.
District-sponsored field trips require the approval of the Principal. The number and extent of field trips is the decision of each school as long as the following parameters are honored. REGULATIONS: 1. District-sponsored overnight field trips must be sponsored by one or more Eagle County School District employees. a.
Each school is responsible for corresponding with parents regarding background information about the proposed trip, asking whether or not parents support the trip, providing cost information per pupil, and how funds are to be raised. The survey of parents should be followed by a parent meeting.
b.
A meeting will be scheduled for parents to share their responses and questions. Results of the survey will be presented at this meeting.
2.
Sponsors of the field trip will use the attached FORM "T", Trip Request and Report, or equivalent (see attached form as sample format) as a planning guide for the trip.
3.
Parent permission forms for all students should be signed and on file in the Principal's office 24 hours prior to leaving on the field trip.
4.
If the sponsor/student ratio is greater than 1:10, special written permission must be obtained by the sponsor from the Assistant Superintendent.
5.
Final approval of the superintendent must be requested for trips that include travel out-of-
state. 6.
Only District-approved transportation shall be used. IF chartered buses will be used for the trip, the safety of the bus company must be investigated. The Eagle County School District Director of Transportation must approve the chartered bus company, receive assurance of acceptable drivers and their proven safety record and receive a statement that the level of liability insurance meets or exceeds the level carried by the District.
CROSS REF.:
EEAD, Special Use of School Buses EEAE, Student Transportation in Private Vehicles
LEGAL REF.:
C.R.S. 13-22-107 C.R.S. 40-10-116(1)(b)
Eagle County School District, Re50J Adopted: October 12, 1983 Revised: May 24, 1989
File: IJOA-E1
Guidelines for Parents or Other Adults Who Chaperon Field Trips For The Eagle County School District The Board of Education believes that field trips are important experiences which enhance student learning and are an integral part of the School District's curriculum. The Eagle County School District wishes to thank the many citizens who have assisted teachers in carrying out field trips scheduled during the school year. The following DO's and DON'Ts are listed to help you, the chaperon, to do a better job: DO'S: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Act as a role model for the students in dress, language, and action. Students will look up to you as a leader. If you are assigned a certain group of students, find out their names. Know where they are at all times. Keep in mind that the safety of the student always comes first. Notify the teacher/sponsor or bus driver immediately if you suspect an emergency or the safety of a student is in question. Follow the bus rules (see attachment). Be at your assigned spot on time. We are counting on you to help the teacher with student control. Check with the teachers to review expectations before the trip begins. Help the teacher to be able to adhere to a predetermined timeline or agenda. If you have a question, please ask the teacher in charge.
A FEW DON'TS: 1. 2. 3.
Don't smoke on the bus. Alcohol is forbidden either on or off the bus. You represent the school. By state law, no alcohol. Don't sit together with other chaperons--split up to better attend to the students.
4.
Don't approve strange requests from students unless they have been discussed with and approved by the teacher or bus driver.
Eagle County School District, Re50J
File: IJOA-E2 (Also JJH_E2)
Field Trip Permission Form Dear Parents: The ____________________________________________________________ class/ classes of the _______________________________________________________School will be participating in a field trip on _________________________________________. We will be going to: _____________________________________________________________________ ____________________________________________________________________. We will leave:____________________________________________________________. We plan to return approximately:____________________________________________. Form of transportation:_______________________________________________. Reason for the trip: _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________. Each student is asked to pay $______________ to cover expenses of the trip.* *No student will be denied access to a field trip because s/he is not able to pay any associated fees. ________________________________________________ Permission form to be returned to school: (Student Name)_________________________________________ has my permission to accompany the field trip to ________________________________ on ______________. _____________________________________________________________________ Signature of Parent/Guardian/Date
Eagle County School District, Re50J
Form “T” Trip Request and Report 1. 2.
The sponsor’s name Grade or class
File: IJOA-E3 (also JJH-E1)
3. 4. 5. 6. 7.
Destination and date of trip Date submitted Purpose of trip -- educational value of the trip and how it relates to curriculum. There must be a direct link to the students’ curriculum study in order for a trip to be approved. Request for District transportation Cost per pupil and now funds will be raised: Cost per pupil Funding Sources Total costs Projected Actual -Fee charged each student x Number of students
__________
______
______
Total from students
__________
______
______
-P.T.A.
__________
______
______
District budget
__________
______
______
-Other (give specifics)
__________
______
______
TOTALS
__________
______
______
If more than one method will be used for a trip, please specify total amount allocated to each type: i.e. a $10.00 fee will be charged to each student and P.T.A. will contribute $300 for trip. No student will be denied a field trip experience because s/he is not able to pay any associated fee(s). 8. The teacher sponsoring such a trip must document the enhanced opportunity to learn which the trip provides in addition to the impact of the trip. The following questions structure the requested information: ! ! ! ! 9.
How does this trip relate to the curriculum standards which apply to this group of students? What assessments will be used to demonstrate that these curriculum standards have been achieved to a higher degree than would have been possible through the classroom experience? What task/activities will accomplish this higher level of achievement before, during and after the trip? What are the impacts of such a trip on the school, substitute costs, the assessment schedule, my team, etc.
Upon return from the field trip, the supervisor is asked to list actual costs of the trip. S/he will list the objectives of the trip, evaluation of the degree to which the objectives were met, a list of highlights and/or problems related to the trip that might be helpful to anyone else planning a similar activity, and a summary of actual funds raised and actual costs of the trip. Projected
Actual
Funds raised: Students P.T.A.
__________ __________
__________ __________
District budget
__________
__________
Other (specifics)
__________
__________
TOTAL FUNDS RAISED
__________
__________
Costs spent: Travel Admission tickets Food Other (specifics)
__________ __________ __________ __________
_________ _________ _________ _________
TOTAL FUNDS SPENT
__________
_________
10.
Before a field trip will be considered for an overnight experience, the following information must be included with the request: o An itinerary o Emergency contact person or facility at the destination site, including a telephone number o Cost to individual students o A list of students making the trip, including telephone numbers and parents’/guardians’ names (a list should also be given to the building principal) o A list of any unusual risks that may be encountered on the trip o A copy of the initial information letter about the trip that was sent to parents. o A list of all sponsors o A copy of each student’s family medical coverage or proof that medical insurance has been purchased.
11.
The Board of Education wishes to be informed of all overnight field trips in a timely manner, before the trip, whenever possible, as an informational item in the regular Board packet.
Eagle County School District, Re50J Adopted: May 24, 1989
File: IJOB
Community Resource Persons/Speakers The classroom use of resource persons from the community can be a valuable educational instrument. Resource speakers can help to eliminate artificial barriers which may exist between school and community. A resource person should not be indiscriminately selected, but rather should be invited to participate in the class or school program when there exists an actual need for his/her special contributions. The Board of Education wishes the professional staff to be concerned with locating and contacting people in various areas of interest and expertise who might serve as resource persons in particular units of study. All requests to use such resource persons should be cleared with the building principal. Staff members utilizing the services of resource persons shall ensure that they are thanked for their contributions.
Eagle County School District, Re50J Adopted: June 23, 1993 Revised: July 1, 2002
File: IKA
Grading/Assessment Systems It is the philosophy of the Eagle County School District Board of Education that students will respond more positively to the opportunity for success than to the threat of failure. The District shall seek, therefore, in its instructional program to make achievement both recognizable and possible for students. It shall emphasize achievement in its process of evaluating student performance. Classroom assessment practices shall be aligned with the district’s content standards and assessment program. Assessment is an integral part of the teaching and learning process that should occur continuously in the classroom. The primary purpose of classroom assessment shall be to enable teachers to make instructional decisions for students on a continual basis. Students are encouraged to engage in informal self-assessments as they study and attempt to solve problems, monitor their own progress and improve their learning. Peer grading of student assignments and classroom assessments in permissible. The intent of this practice is to teach material again in a new context and to show students how to assist and respect fellow pupils. The administration and professional staff shall devise a grading system for evaluating and recording student progress and to measure student performance in conjunction with Board-adopted content standards. The records and reports of individual students shall be kept in a form which will be meaningful to parents as well as teachers. The grading system shall be uniform Districtwide at comparable grade levels. The Board shall approve the grading, reporting and assessment systems as developed by the faculty, upon recommendation of the Superintendent. The Board recognizes that any grading and/or assessment system, however effective, is subjective in nature but urges all faculty members to conduct student evaluations as objectively as possible. LEGAL REF.:
C.R.S. 22-7-407
CROSS REF.:
AEA -- Standards Based Education IA -- Instructional Goals and Learning Objectives IK, Academic Achievement IL -- Evaluation of Instructional Programs, and subcodes. JRA/JRC, Student Records/Release of Information on Students
Eagle County School District, Re50J Adopted: August 22, 1979 Revise: July 1, 2004
File: IKAB
Report Cards/Progress Reports The Board of Education believes that it is essential for parents/guardians to be kept fully informed of their student's progress in school. The type of progress reports sent to parents shall be devised by the professional staff. Except for the college entrance exam, results of the Colorado State Assessment Program shall be included on each student's final report card for that school year and made part of the student's permanent academic record. Results of the college entrance exam shall be included on each student's transcript. However, if a student retakes the exam at a later time at the student's expense, the student may request that the later results be placed on the transcript in place of the earlier results.
A written report shall be provided to parents/guardians four times a year with supplementary reports as needed. In the case of schools on a trimester schedule, reports shall be provided to parents/guardians 3 times a year with supplementary reports as needed. Supplementary reports are recommended for students in danger of failure. It also is highly recommended that notes of praise or letters noting outstanding achievement be sent whenever a teacher believes a student deserves recognition. Conferences also shall be used as an integral part of the reporting system. LEGAL REFS.:
C.R.S. 22-7-409 (1.9) (state assessment results included on student report card)
Eagle County School District, Re50J Adopted: May 24, 1989
File: IKACA
Parent Conferences Parent conferences will be scheduled by the administration to allow parents an opportunity to meet with teachers and discuss their child(ren)’s progress. When possible, the dates for parent-teacher conferences will be scheduled and included as part of the school calendar. Eagle County School District, Re50J Adopted: November 16, 1983 Revised: April 26, 1989
File: IKB
Homework The Board of Education believes that homework helps students master concepts taught in the classrooms, that homework helps students in developing good study habits, and that homework is intended to help students become self-directing, independent learners. Homework assignments shall support clearly-defined school and classroom objectives and shall be used to reinforce and enhance school experiences. Homework assignments should meet individual needs, be of reasonable length, and receive follow-up recognition and/or evaluation. Homework can also be a home activity, such as reading time where families can read and discuss books. THE PURPOSES OF HOMEWORK: 1. 2. 3. 4. 5.
To complete unfinished classroom assignments To accomplish independent work on research and action projects To help students develop and improve effective study habits To provide drill and practice in order to strengthen skills introduced in the classroom To enrich and extend the enjoyable aspects of learning
HOMEWORK GUIDELINES: Time guidelines (length of homework) for teachers in the assignment of homework are as follows: * Kindergarten 10 min per day (maximum of 4 times/week) * Grades 1-2 15 min per day (maximum of 4 times/week) Grades 3-4 30 min per day (maximum of 4 times/week) Grades 5-6 40-50 min/day (maximum of 4 times/week)
Grades 7-12 *
60-90 min/day (maximum of 4 times/week)
Preferably a time where parents/guardians will read to their child(ren).
BASIC PRINCIPLES TO CONSIDER IN REGARD TO HOMEWORK: 1.
Students should be taught how to study before they are expected to work independently.
2.
The purpose of homework assignment and its relation to what has been learned in the classroom must be clearly understood by the students.
3.
Every homework assignment should have a valid purpose and should be reviewed and evaluated. Feedback to students regarding homework is essential.
4.
Homework conditions and the material/human resources available should influence the quantity and type of homework assigned.
5.
Teachers should take into consideration the age, school experiences, and mental abilities of the students before making homework assignments. When possible, homework assignments should be individualized.
6.
The instructions for homework assignments should be clear and specific so that the student can complete the assignment.
7.
Students should not be expected to have homework five days a week, and homework should not normally be assigned over holidays or when public schools are closed.
8.
Middle school and high school teachers should attempt to coordinate homework assignments so as not to overload students on one given day.
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: IKE
Promotion, Retention, and Acceleration of Students The District believes that early identification of students who are not making adequate progress toward achieving standards and effective intervention are crucial. In accordance with the Board’s policy on grading and assessment systems, teachers shall assess the teaching and learning process on a continual basis. Teachers shall identify students early in the school year who are not making adequate progress toward achieving state and district content standards. The philosophy of the Eagle County Schools is to be sensitive to individual student needs, to identify deficiencies early, to effect corrective actions, to enlist parental support, to help students learn to be responsible and accountable, and to retain students only in appropriate instances. The purpose of this policy is to ensure that steps are taken early to correct the student's educational difficulties. Retention or acceleration of students should be made only when it will benefit the student. If retention is to occur, it should occur early in the student's educational career. Retention at grade
levels past the first grade should be done only when there is clear evidence that the additional year at the present grade level will benefit the student. Consideration for retention should include, but not be limited to, the following: 1.
Instances where the student evidences below average maturity in the physical, emotional, and/or cognitive areas of development. (These should be used on a very limited basis.)
2. Instances where the student is younger than the average age of his/her classmates. 3. Instances where the student evidences below average acquisition of skills, attention span, and/or related time on task; cooperativeness in acceptance of and completion of tasks may also be considered. 4. Instances where the student evidences excessive absences from school - 20 or more cumulative days during a school year. Current state law (C.R.S. 22-33-104) states the requirement of the minimum hours of school attendance. The general health of the student should be considered in relation to the absenteeism. 5. Instances where there is parental support for the decision to retain the student. REGULATIONS REGARDING RETENTION: Elementary School 1. The elementary schools will adopt a decision making model that will provide an objective standard to aid the school professionals in determining whether a student would benefit from grade retention. This standard will help ensure that the decision will be made in accordance with the intent of this policy and in accordance with the timelines delineated in the succeeding regulations of this policy. By the first week of December, teachers will make the building administrator aware of any student(s) that they are considering for retention. 2.
After notifying the principal of the possibility of retention, teachers will make arrangements with the parent(s)/guardian(s) of the student to discuss the educational alternatives for the student. The building administrator should make every effort to attend this meeting which should be held before the end of January.
3.
Before the end of the second trimester, the progress of the child should be reviewed again and if there is reason for further consideration of retention, parents/guardians of the student should be notified and a conference scheduled to discuss alternatives available for the child, including retention.
4.
No later than thirty days prior to the end of the school year, a conference will be scheduled involving the parents/guardians and teacher(s) of the student and the building principal for the purpose of making a final decision regarding the retention of the student.
5.
The teacher(s) or principal shall document in writing all decisions made at meetings with parents/guardians regarding the retention of a student.
6.
No conditional retentions or promotions will be made.
7.
The building principal will arrange a conference with the receiving teacher(s) to discuss in detail the needs of the retained student. This conference will be held prior to the beginning of the following school year.
8.
Maximum emphasis should be placed on conferencing with parents/guardians about the possible retention of a student. It is important that parents/guardians have an understanding of the student's educational problems and agree to the retention decision. Parents/guardians should be fully aware of the decision regarding retention before the student begins the summer break.
9.
Prior to the end of the school year, the middle schools should be made aware of all fifth grade students who will not be enrolled in the sixth grade due to retention.
10. After the school presents its case for retention, the final decision regarding retention of a student will normally rest with the school’s principal. 1.
Middle Schools The middle schools will adopt a decision making model that can provide an objective standard that will aid the school professionals in determining whether a student would benefit from grade retention. This standard will help ensure that the decisions will be made in accordance with the intent of this policy and in accordance with the timelines delineated in the succeeding regulations of this policy.
2.
If a teacher forms a professional opinion that a student should possibly be retained, the teacher should make that possibility known to the counselor and the building principal by the first week in December. The counselor shall, at this time, initiate a contact with the parents/guardians of the student to discuss the student's educational difficulties.
3.
Within the month of December, the counselor will have contacted the parents/guardians of the student considered for retention to make the parents/guardians aware of the student's educational problems and the possible consideration of retention. Specific reasons for the concern should be given to the parents/guardians.
4.
Students will not be retained for reasons of behavior or conduct.
5.
All students considered for retention will be discussed at a team meeting attended by the teacher(s), the principal, the counselor, and other appropriate personnel. A list of students who might possibly be retained will be prepared, based on a minimum of failing and near failing grades from the first trimester and the objective standards that were adopted by the professional staff. Teachers may add other names to this list as it seems appropriate. The list of students considered for retention may be revised at these meetings to become a finalized list.
6.
The principal must approve the final list of possible retainees.
7.
A staffing for each potential retainee will be held no later than the end of the second trimester. The parents or guardian and the student must be present, with the appropriate staff members. At this staffing, an educational plan will be formulated detailing if and how the student may eliminate the need for retention. A team or teacher and the principal will monitor the progress of each student considered for retention. The staffing will be held even if the parents/guardians decline to attend.
8.
If a student is not successful in meeting the goals of the educational plan, a conference will be held with the student, parents/guardians, staff advisor, and principal, for making a final decision regarding retention. This meeting will be held during the last two weeks of school.
9.
There will be no conditional retentions or promotions.
10. After the school presents its case for retention, the final decision regarding the retention of a student will normally rest with the school’s principal of that student. Grade acceleration shall be considered only in rare and extreme cases. Teachers are urged to utilize methods and materials of instruction which broaden the interests and achievements of those students who are academically superior and use acceleration only in an extraordinary situation. Students in grade K-8 may be accelerated to another grade if the following conditions are met: 1. 2. 3. 4.
Classroom performance indicates mastery of the material to be skipped. Standardized test results indicate outstanding performance. Social and emotional development of the student would not be harmed by the acceleration. The parents or guardians desire acceleration.
REGULATIONS REGARDING ACCELERATION: 1. Parents/guardians of the child are to write a letter requesting grade acceleration and outlining the reasons of the request. 2. The principal and teacher will use a six week period of time to observe the student and to gather data (see attached form) for the decision. Areas for consideration will include: • physical characteristics • peer relationships • academic performance • intellectual ability • special needs of student • special talents and interest • student’s comfort with the idea In addition to collecting data, an interview with the student by the school psychologist will take place. 3.
After all data has been collected, a staffing will be arranged to review all data and to make a decision. Staffing participants will include: parents, principal, school psychologist, current teacher, and receiving teacher.
4.
When a decision has been made, a detailed plan will be developed by the professional staff and parents/guardians to outline how the student’s needs will best be met.
LEGAL REF.:
C.R.S. 22-32-109(1)(hh)
CROSS REF.:
AE, Accountability/Commitment to Accomplishment AEA, Standards Based Education IA, Instructional Goals and Learning Objectives IK, Academic Achievement IKA, Grading Assessment Systems ILBA, District Program Assessments ILBB, State Program Assessments ILBC, Literacy and Reading Comprehension Assessments
Eagle County School District, Re50J
File: IKE-E1
Grade Acceleration Checklist Eagle County School District Student’s Name _______________________________Grade _____________ School __________________ Date of Birth__________________Date Completed ______________________ The following district staff members have contributed data and professional opinion on the attributes relevant to this student. 1. Physical Characteristics Data/Anecdotal Information/Observations:
2. Peer Relationships
3. Academic Performance
4. Intellectual Ability
5. Special Needs of Students
6. Special Talents and Interest
7. Student’s Comfort with the Idea
Additional Comments:
Eagle County School District, Re50J Adopted: May 9, 1984 Revised: July 1, 2006
File: IKF
Graduation Requirements Graduation from high school is a culminating event that results from the foundations built at the elementary and middle levels. Graduation is a collaborative effort among levels in a student’s public school career. Each level of school and each staff member or parent/guardian who instructs or counsels a student shares responsibility for the ultimate ability of that student to demonstrate proficiency in the content standards and to meet the expectations for graduation. Graduation requirements are established to ensure high academic standards for the Eagle County Schools. Any student who meets these requirements shall be awarded a diploma. Graduation requirements are based on the needs of the students, the expectations of the School District, and guidelines of the Colorado Department of Education. They are designed for all students and should meet the needs of both the college and non-college bound students. Units of credit needed A total of 27 credits earned during grades nine through twelve are required for graduation. A credit is defined as the amount of credit given for the successful completion of a course which meets five days a week for a minimum of 40 minutes daily for at least 36 weeks or the equivalent. Successful completion means that the student obtained a passing grade for the course. The following criteria shall entitle a student to a high school diploma: a. Achievement in content standards as demonstrated by mastery of the curriculum which may include, but is not limited to, daily classroom assignments, Colorado Student Assessment Program, the district assessment program, classroom assessments, and student participation in, and completion of, assigned topics. b. Completion of 27 credits (26 credits for class of 2007)in grades nine through twelve in prescribed categories listed below. c. Completion of the requirements and goals as listed on a student’s Individual Education Plan (IEP) which may include modified content standards. Credit from other institutions and home-based programs Alternate education/Independent Study plans to meet individual academic needs may be approved by the principal in consultation with appropriate school and District Office staff. Prior to the start of a class a student may, with the written agreement of a parent/guardian, request the opportunity to test out of the class. If the request is approved by the principal, the student will be given the class’ comprehensive final exam and if the student earns a 90% or higher, the student’s transcript will reflect a grade of “A” recorded for the class. The student is then eligible for placement in a higher level class. Some performance classes (e.g., technology, art, music, PE, etc.) may not be appropriate for this test-out opportunity. All students entering from outside the district must meet the district graduation requirements. The
principal shall determine whether credit toward graduation requirements shall be granted for courses taken outside the district. Students who are currently enrolled in the district and wish to obtain credit from outside institutions, or through “on-line” programs, must have prior approval from the principal. The district shall accept the transcripts from a home-based educational program. In order to determine whether the courses and grades earned are consistent with district requirements and district academic standards, the district shall require submission of the student’s work or other proof of academic performance for each course for which credit toward graduation is sought. In addition, the district may administer testing to the student to verify the accuracy of the student's transcripts. The district may reject any transcripts that cannot be verified through such testing. Non-immigrant Foreign Students Non-immigrant foreign student who enroll through a one-year exchange program are not eligible to graduate from a district high school. Student course load The course load for freshmen, sophomores, juniors and seniors shall be a minimum of 6 credits per school year. Students who wish to take less credits in any given school year must obtain advance permission from the principal. Beginning with the class of 2004-05 these required courses, designed to meet the Colorado Model Content Standards will include: SUBJECT............................................................... REQUIREMENT FOR GRADUATION English.......................................................................................................................................... 4.0 units Social Studies (1.0 unit Civics – required by law) ....................................................................... 3.0 units Mathematics ................................................................................................................................. 3.0 units Physical Education/Health (.5 unit)............................................................................................ 2.0 units Technology/Computer Applications ........................................................................................... 1.0 units Science ......................................................................................................................................... 3.0 units Electives ..................................................................................................................................... 11.0 units TOTAL ....................................................................................................................................... 27.0 units Upon completion of these graduation requirements, the student may participate in the year-end graduation ceremony of the school from which the final credits were gained. A student is not eligible to participate in the graduation ceremony from the school from which he/she transferred. Students must be in attendance during the current school year and receive credit in the current year to graduate in that year. Students in approved exchange programs or Fasttrack Programs approved by the District will be able to graduate with their class they were previously in which he/she was previously enrolled. Years of Attendance The District believes that most students benefit from four years of high school experience and are encouraged not to graduate early. However, in some cases, students need the challenge provided by post secondary education or other opportunities at an earlier age. Therefore, the principal may grant permission to students wishing to graduate early, provided the student has met all the district graduation and timeline requirements. LEGAL REF.:
C.R.S. 22-33-104.5 (home-based education law) C.R.S. 22-1-104 (teaching history, culture and civil government) C.R.S. 22-32-132 (discretion to award diploma to honorably discharged veterans)
CROSS REFS.:
AE, Accountability/Commitment to Accomplishment AEA, Standards Based Education IA, Instructional Goals and Learning Objectives IHA, Basic Instructional Program IHBG, Home Schooling IHCDA, Postsecondary Options/Concurrent Enrollment ILBA, District Program Assessments ILBB, State Program Assessments ILBC, Literacy and Reading Comprehension Assessments JFABB, Admission of Non-Immigrant Foreign Students
Eagle County School District, Re50J Adopted: July 23, 1980 Revised: July 1, 2003
File: IKFB
Graduation Exercises Because the District believes that completion of the requirements for a diploma is an achievement that deserves recognition, the District wishes to recognize each graduating senior’s accomplishment in a publicly-celebrated graduation. High schools shall plan their own graduation exercises with the faculty and senior class working together. Although senior class members may be asked to pay fees to defray graduation expenses, no student shall be barred from participating in the exercises because of inability to pay the fees. The program for graduation exercises shall be secular in nature. The program shall not include any school-sponsored prayers or other religions activities. Eagle County School District, Re50J Adopted: August 22, 1979 Revised: August 27, 1997
File: IL
Evaluation of Instructional Programs Appropriate means for the evaluation of instructional programs shall be established and maintained in the Eagle County School District. The District will evaluate its curriculum and programs of instruction to align them with the District’s content standards and provide students with the educational experiences needed to achieve the standards. The District will strive to reduce discrepancies in student performance related to ethnicity, gender, disability and limited English proficiency. LEGAL REF.:
C.R.S. 22-2-117 C.R.S. 22-7-101 through 22-7-105 C.R.S. 22-7-205 (3), (5) 1 CCR 301-1, Rules 2202-R-.01 et seq.
CROSS REF.:
AC -- Nondiscrimination/Equal Opportunity, and subcodes ADA -- School District Goals and Objectives AE -- Accountability/Commitment to Accomplishment AEA -- Standards-Based Education IA -- Instructional Goals and Learning Objectives
NOTE:
The Board of Education of Eagle County School District Re50J and the State Board of Education will develop an Enterprise Accreditation Contract. Once the EAC is adopted, the District will be accredited based on its ability to meet the elements of its contract. Accreditation of school districts is based on policy, management processes and criteria designed to further the development of excellent schools based on quality student academic performance. The contract term is three years but may be extended up to six years for schools which exceed all state and district accreditation requirements and performance expectations.
Eagle County School District, Re50J Adopted: May 24, 1989
File: ILA/ILB
Test/Assessment Selection/Administration A District program of testing for assessment/evaluation and intelligence shall be standardized and coordinated throughout the School District by the Assistant Superintendent. Under the supervision of the Superintendent, the Assistant Superintendent (or his/her designee) shall be responsible for scheduling, disseminating, and collecting tests and for reporting and interpreting all group test results. The District shall participate in the Colorado Student Assessment Program if schools, classes, or students from the District are selected for a statewide sample or if all students within a grade or grades are being assessed. Measurements of educational achievement shall be prepared so that data is consistent for comparison purposes within the School District from year to year and with other school districts to the extent required by rules of the State Board of Education. The Eagle County School District supports the continued development of criterion-referenced measures to determine the degree to which identified outcomes are achieved by District students. LEGAL REF.:
C.R.S. 22-7-102 (2)(b) C.R.S. 22-32-109.5 C.R.S. 22-53-205 C.R.S. 22-53-207 (3),(5) 1 CCR 301-1, Rule 2202-R-3.10 (4)
CROSS REF.:
JLDAC, Screening/Testing of Students LC, Relations with Education Research Agencies
Eagle County School District, Re50J Adopted: August 27, 1997
File: ILBA
District Program Assessments A District program of assessment shall be developed in accordance with state law which adequately measures each student’s progress toward achievement of the Board-adopted content standards, including specification of an acceptable performance level. The District’s program of student assessment shall: 1.
Challenge student to think critically, apply what they have learned and give them the
opportunity to demonstrate their skills and knowledge in various ways. 2.
Include “early warning” features that allow problems to be diagnosed promptly to let students, teachers and parents know that extra effort is necessary.
3.
Provide reliable information on student and school performance to educators, parents and employers.
As part of the school improvement planning process, schools shall develop an academic performance profile which indicates how well all students are performing relative to the District’s educational standards measured against baseline achievement data. The analysis of student performance should indicate the number and percentage of all students attaining and exceeding the district’s performance standards at designated levels, as well as an analysis indicating any consistent patterns of low achievement or achievement discrepancies. The District will use a variety of assessment tools to determine student achievement. The Superintendent or designee shall be responsible for scheduling, disseminating and collecting assessments so that the District is in compliance with state assessment requirements. The Superintendent or designee also shall be responsible for reporting and interpreting all group assessment results. Measurements of education achievement shall be prepared so that data is consistent for comparison purposes within the school district from year to year and with other school districts to the extent required by rules of the State Board of Education. LEGAL REF.:
C.R.S. 22-7-102 (2) (b) C.R.S. 22-53-205 C.R.S. 22-53-207 (3), (5) C.R.S. 22-53-406, 407
CROSS REF.:
AE -- Accountability/Commitment to Accomplishment AEA -- Standards-Based Education GCS -- Professional Research and Publishing IL -- Evaluation of Instructional Programs ILBB -- State Program Assessments JLDAC -- Screening/Testing of Students LC -- Relations with Education Research Agencies
Eagle County School District, Re50J Adopted: August 27, 1997 Revised: July 1, 2006 (legal refs)
File: ILBB
State Program Assessments The District shall participate in statewide performance assessment programs and in the Colorado Student Assessment Program if schools, classes or students from the District are selected for a statewide sample or if all students within a grade or grades are being assessed. Students who have participated in the English Language Proficiency Program pursuant to state law for more than three years shall be ineligible to take state assessments in a language other than English.
Pursuant to state law, statewide assessments will be administered during the period between the second Monday in March through the third Monday in April each year. The Colorado Department of Education is required ot provide diagnostic academic growth information for each student enrolled in the district and for each public school in the district based on the state assessment results for preceding school years. This information shall be included in each students individual student record. Results of the assessment shall be made part of the student's permanent academic record and results sent to home to parents. Results of the college entrance exam shall be included on each student's transcript. However, if a student retakes the exam at a later time at the student's expense, the student may request that the later results be placed on the transcript in place of the earlier results. LEGAL REF.:
C.R.S. 16-11-311(3.4)(d) (students receiving educational services or diplomas from the district under an agreement between the Colorado Department of Corrections and the district shall not be included in computing the district's performance on statewide assessments or the district's overall academic performance grade or the school's improvement grade) C.R.S. 22-7-102 (2) (b) (testing as part of local accountability programs) C.R.S. 22-7-406 (state assessment development schedule) C.R.S. 22-7-409(state assessment implementation schedule) C.R.S. 22-7-409 (1.2)(d)(II) (assignment of scores on statewide assessments for students with disabilities) C.R.S. 22-7-604.3 (diagnostic academic growth calculation based on state assessment results)
CROSS REF.:
AE, Accountability/Commitment to Accomplishment AEA, Standards-Based Education AED, Accreditation ILBA, District Program Assessments JLDAC, Screening/Testing of Students LC, Relations with Education Research Agencies
Eagle County School District, Re50J Adopted: July 1, 2001 Revised: July 1, 2006
File: ILBC
Literacy and Reading Comprehension Assessments (Third Grade Literacy) Reading readiness and literacy and reading comprehension shall be measured by an assessment instrument approved and identified by the State Board of Education. Additional assessments are encouraged and may be used at any time at the discretion of the teacher. An individual literacy plan shall be formulated for every student whose reading readiness or literacy and reading comprehension, as measured by the assessments, are below the level established by law. In the alternative, if the student is eligible, the student shall be enrolled in an intensive literacy program funded through the Read-to-Achieve Program. The Board believes reading is the skill most closely associated with success in school. In accordance with this belief and state law, the district shall annually assess the reading readiness level of every kindergarten student and the literacy and reading comprehension level of every first, second and third grade student. This assessment may be done in conjunction with content standard assessments.
Any individual literacy plan developed under this policy shall be formulated by the teacher and school administration in conjunction with the student’s parents/guardians. The plan shall include, but need not be limited to, the following: 1.
Sufficient in-school instructional comprehension skills.
time
to
develop
readiness,
literacy
and
reading
2.
An agreement by the student’s parents/guardians to implement a home reading program that supports and coordinates with the effort at school.
3.
Placement, if necessary, of the student in a summer reading tutorial program.
Twice a year, students in individual literacy plans or the intensive literacy program will be reassessed. The plan or program shall continue until the pupil is reading at or above grade level. Except in the case of students with disabilities the district shall not permit a student to pass from third grade to fourth grade for reading classes unless the assessment shows the student to be reading at or above level established by law. The district shall annually report to the Colorado Department of Education: 1.
The number and percentage of students enrolled in third grade in the school district who read at or above the third grade level.
2.
The number and percentage of students enrolled in the school district who have an individual literacy plan or are enrolled in the intensive literacy program.
3.
The number and percentage of students enrolled in the school district who have increased their literacy and reading comprehension levels by two or more grades during one year of instruction.
LEGAL REFS.:
C.R.S. 22-7-501 et seq. (Colorado Basic Literacy Act)
Eagle County School District, Re50J Adopted: February 9, 1994
File: IMA
Teaching Methods It is the desire of the Board of Education that the best available strategies and methods for bringing about learning be utilized in the Eagle County School District's schools. The instructional staff shall be expected and encouraged to keep abreast of new and more promising instructional ideas and practices developed in schools throughout the nation and to apply those which have potential for improving the learning program in the District's schools. An educational climate shall be established which shall be conducive to rational thought, free inquiry, and respect for the dignity of the individual. Students shall be taught how to think rather than what to think and shall be provided the opportunity to identify, express, and defend their opinions without penalty or fear of reprisal or ridicule. Strategies and methods shall focus on the personalization of learning including appraisal of individual learning styles, abilities and disabilities; assessment of individual learning needs, and development, implementation and evaluation of individual learning programs.
The Board recognizes that on occasion a teaching method or strategy may be utilized which may be of concern to some parents. Nothing in this policy shall limit a parent/guardian's right to file a complaint to challenge the use of a teaching method, activity, or presentation. LEGAL REF.:
C.R.S. 22-32-109.2
CROSS REF.:
IMBB, Exemptions from Required Instruction
Eagle County School District, Re50J Adopted: November 12, 1985 Revised: July 1, 2003
File: IMB
Teaching About Controversial/Sensitive Issues Controversy is inherent in the democratic way of life. It is essential, therefore, that the study and discussion of controversial issues have an important place in education for citizenship in a free society. Students can develop into free citizens with informed loyalty to democracy only through the process of examining evidence, facts, and differing viewpoints; through the exercise of freedom of thought and moral choice, and through the making of responsible decisions. Controversial issues are defined as those problems, subjects, or questions about which there are significant differences of opinion, for which there are no easy resolutions, and discussion of which generally create strong feelings among people. Although there may be disagreement over what the facts are and what they mean, subjects usually become controversial issues because of differences in the values people use in applying the facts. Each student has the right and need, under competent guidance and instruction, to study issues appropriate to his/her interest, experience, ability, and age. (S)he must have access to relevant information, and (s)he has the obligation to examine carefully all sides of an issue. (S)he has the right to form and express his/her own point of view and opinions without jeopardizing his/her position in the classroom or in the school. Each teacher has the right and the obligation to teach about controversial issues. It is his/her responsibility to select issues for study and discussion which contribute to the attainment of course objectives and the educational program established by the Board and to make available to students materials concerning the various aspects of the issues. (S)he also has the obligation to be as objective as possible and to present fairly the several sides of an issue. Although (s)he has the right to express his/her own viewpoint and opinions, (s)he does not have the right to indoctrinate students to his/her views. Controversial issues are to be presented with good judgment, keeping in mind the maturity and background of the students. The influence on values, attitudes, and responsibility of the individual students must be considered in conjunction with the actual subject content. It is recommended that parents and patrons of the Eagle County School District: 1.
Recognize that it is the responsibility of the school to present controversial issues that are appropriate to the curriculum;
2. Refrain from attempting to suppress the teaching about controversial issues, assuming that the guidelines of responsibility and appropriateness have been followed;
3. Inform the teacher, principal, and other appropriate personnel when they have information that indicates controversial issues are being dealt with in an inappropriate manner. Student Rights and Responsibilities 1. To research, study, and discuss significant issues, and to reach judgments and express opinions without jeopardizing their relationship with classmates or teachers. 2.
To learn in an open classroom and school climate so that they feel free to examine any aspect of a controversial issue.
3.
To study under competent instruction in an impartial atmosphere and have access to relevant material.
4.
To recognize that reasonable compromise often is an important facet in decision making in our society.
Teacher Rights and Responsibilities 1. To be free to conduct reasonable study and discussion of controversial issues without fear of reprisal. 2.
To maintain impartiality.
3.
To treat controversial topics objectively and to present alternative and/or divergent positions and opinions.
4.
To determine the degree and extent of consideration given to a specific controversial issue based upon knowledge, maturity, and competence of students and class.
5.
To reveal his/her opinion to the degree, and at the time, determined most appropriate (if at all). If done so, the teacher should inform students that this is a personal opinion rather than a factual and authoritative statement; should express the opinion (if at all) so that it does not interfere with the evaluation process of the student; and should stress that the student has every right to reach a different opinion.
6.
To be assured that (s)he will not be required to handle each and all controversial issues and subject.
7.
To ensure that an accurate, factual, and balanced presentation of materials is readily available for the student.
8.
To be assured that parents will be directed and encouraged by the Board and administration to take their questions and comments directly to the teachers concerned.
Administration Rights and Responsibilities 1. A teacher who is in doubt about the appropriateness of discussing certain controversial issues in the classroom or regarding his/her ability to explore such issues will confer with the building principal. If the principal and teacher are unable to agree, the matter will be referred to the Superintendent (or his/her designee) to make a decision. 2.
No group or individual has the right, without authorization, to present arguments for or against any issue under study directly to students or to the class. The teacher, however, may, after obtaining approval of the principal, invite representatives of different viewpoints to appear before the class to discuss their opinions.
The Board's position in this matter applies to the regular curriculum of the schools and to extracurricular activities before and after school, within the school building or outside of the school, wherever school or school-related groups are involved. Complaint Procedure Any person having a complaint related to any matter within the scope of this policy may seek review through the procedures set forth in Policy IJL -- Library Materials Selection and Adoption. CROSS REF.:
ACD, Commitment to Religions Neutrality IB, Academic Freedom IJ, Instructional Resources and Materials
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: IMBB
Exemptions from Required Instruction If the religious beliefs and teachings of a student or his/her parents or legal guardian are contrary to the content of a school subject or to any part of a school activity, the student may be exempt from participation. To receive such an exemption, the parent or legal guardian must present a written request for exemption to the school principal, stating the conflict involved. If a student is unable to participate in a physical education class, (s)he must present to the school principal a statement from a physician stating the reason for his/her inability to participate. Exemptions from required instruction do not excuse a student from the total credits required for graduation. LEGAL REF.:
C.R.S. 22-25-104(4) C.R.S. 22-25-110
CROSS REF.:
ACD, Commitment to Religions Neutrality IHAM, Health Education IHAMB, Family Life/Sex Education
Eagle County School District, Re50J Adopted: May 24, 1989
File: IMC
Controversial Speakers/Programs A goal of education is to prepare our students to participate constructively in a democratic, pluralistic society, a society in which many differing opinions are held and differing causes are espoused. It is important that students develop an understanding of ideas and of people who may seem alien to them. It is also important that they develop judgment, a capacity to discern the difference between fact and opinion, and to weigh arguments, slogans, and appeals. Books, films, and other media are valuable for giving students exposure to many differing ideas; but for effective learning, it is also useful to invite appropriate persons not on the Eagle County School District educational staff to speak to or to meet with groups of students as part of the educational process. No overall standard can be established which will automatically separate and exclude as a resource the person whose views or manner of presenting them may actually obstruct the educational process
or endanger the health and safety of students or staff. However, the Board, in an effort to uphold the students' freedom to learn while also recognizing obligations which the exercise of this freedom entails, establishes the following guidelines. A. B. C. D.
The teacher/sponsor and the building principal are expected to exercise judgment and to investigate fully those proposed resource persons to whom questions may arise. When appropriate, teachers/sponsors should encourage the use of resource persons representing various approaches or points of view on a given topic in order to afford the students a more comprehensive understanding of the topic/issue. The ideas presented and the resource person invited to present them shall have a demonstrable relation to the curricular or cocurricular activity in which the participating students are involved. Prior to his or her appearance or participation, the resource person shall be given in writing and shall agree to abide by the following Board regulations: a. Profanity, vulgarity, and lewd comments are prohibited; b. The teacher/sponsor responsible for inviting the resource person, or any member of the school administration, has the right and duty to interrupt or suspend any proceedings if the conduct of the resource person is judged to be in poor taste or endangering to the health and safety of students and staff.
Eagle County School District, Re50J Adopted: July 1, 2002 Revised: July 1, 2006
File: IMDB
Flag Displays The superintendent or building principal shall see that the United States flag is prominently and permanently displayed in each academic classroom when classes are in session. The flag displayed shall measure no less than either 12 x 18 inches if in a frame or 2 x 3 feet if on a flagstaff. The United States and Colorado flags shall be displayed on a flagpole on the administration building grounds at all times during days while school is in session except during inclement weather. The flag displayed shall measure no less than 3 x 5 feet in size. Traditional customs and practices of displaying the flags of the United States and of Colorado shall be observed. Flags shall be handled with respect at all times. The United States flag or any depiction or representation of the flag displayed for public view and permanently attached to any part of school buildings or grounds shall conform with federal laws regarding flag displays and use. However, temporary displays of instructional or historical materials or student work products used as part of a lesson that includes the flag shall be allowed even if they do not conform with federal law as long as they are not permanently affixed or attached. District employees and students have the right to reasonable display the flag of the United State on their own person, personal property and/or property under their temporary control, such as a desk or locker. LEGAL REFS.:
Tinker v. Des Moines Indep. Comm. Sch. Dist., 393 U.S. 503 (1968) C.R.S. 22-32-109 (1)(s)(flag displays at administration buildings) C.R.S. 22-32-109 (1)(ii) (duty to adopt policy regarding reasonable display of U.S. flag by students and school district employees) C.R.S. 27-2-108 (2)(c)(3) and (4)(duty to display U.S. flag in classrooms) C.R.S. 27-2-108.5 (personal display of flag)
4 U.S.C. Section 7 (position and manner of display) CROSS REF:
GBEB, Staff Conduct GBEBA, Staff Dress Code JIC and subcodes, Student Conduct JJC, School Displays K and subcodes, Student Discipline KI, Visitors to Schools
Eagle County School District, Re50J Adopted: May 24, 1989
File: IMH
Class Interruptions It shall be the responsibility of the principals to reduce to a minimum interruptions of classroom programs. Eagle County School District, Re50J Adopted: May 24, 1989
File: JA
Student Policies Goals/Priority Objectives Students are the first concern of the District and must receive the primary attention of the Board and all staff members. To fulfill its obligation to students, the Board will strive to spend most of its time in formulating policy and considering other matters related to students. A similar commitment is expected of all staff members. In pursuing this primary goal, it is imperative that the good of the individual student be kept paramount. Each student shall be considered and treated with respect as an individual. One of the major tasks of the educational program shall be to assist each student in becoming self-sufficient in utilization of decision making processes and techniques, eventually becoming responsible for determining his/her own learning purposes and the means for achieving them. Staff members shall seek to be wise counselors of students and skillful facilitators of learning. To this end, the Board and staff shall work together to establish an environment conducive to the very best learning achievement for each student through the implementation of the following belief statements regarding students. 1.
That students are unique in many respects and that maximum growth is achieved when programs are individualized.
2.
That the acquisition of basic academic skills and applied life skills are the right of and the responsibility of each student.
3.
That student learning is enhanced by a positive and supportive atmosphere.
4.
That students are better able to learn when they have a positive image of themselves as learners.
5.
That wanting to learn is a natural drive for humans, and that under proper conditions, students will be motivated intrinsically to learn and achieve.
6.
That students must be treated fairly and with respect in a setting that provides for discipline, clearly defined rules, and guidance.
7.
That students should be challenged to maximize their potential.
8.
That students must learn to be good decision makers and to be responsible for their actions.
CROSS REF.: ADA, School District Goals and Objectives Eagle County School District, Re50J Adopted: July 17, 1977 Revised: August 22, 1979
File: JB
Equal Educational Opportunities Every student who is a legal resident of this District shall have equal educational opportunities regardless of race, religion, color, creed, national origin, marital status, sex, or handicap. Further, no student shall on the basis of sex be excluded from participating in, be denied the benefits of, or be subject to discrimination under any educational program or activity conducted by the District. More specifically, as prescribed by legal requirements, the District will treat its students without discrimination on the basis of sex as this pertains to access to and participation in course offerings, athletics, counseling, employment assistance, and extracurricular activities. LEGAL REF.: Title VI of the Civil Rights Act of 1964, 42 U.S.C. SS2000d Title IX of the Education Amendments of 1972, 20 U.S.C. SS 1681 29 U.S.C. SS 701 et seq. (Section 504 of the Rehabilitation Act of 1973) Equal Educational Opportunities Act of 1974, 20 U.S.C. SS 1701-1758 CROSS REF.: AC, Nondiscrimination/Equal Opportunity ACA, Nondiscrimination on the Basis of Sex ACE, Nondiscrimination on the Basis of Handicap/Disability JII, Student Concerns, Complaints and Grievances JLCC, Communicable/Infectious Diseases Eagle County School District, Re50J
File: JBB-E1
Complaint Form for Sexual Harassment of Students I, _____________________________________________________________ of (address) ______________________________________________________ have initiated a Sexual Harassment complaint against _________________________ , through teacher, counselor or principal, _______________________________________________________________ _______________________________________________________________ _____________ on the following date: __________________________________ Date of the Incident(s): ______________________________________________
Name(s) of Persons(s) Involved in Incident(s): ______________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Written description of incident(s): _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Description of what student did to discourage the incident(s): _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Name of any witnesses to incident(s): _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Relief sought: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
________________________________ ___________________________________
Signature
Date
Eagle County School District, Re50J Adopted: May 22, 1985 (to go into effect July 1, 1985) Revised: July 1, 1999
File: JBB-R
Sexual Harassment of Students (Grievance Procedure) REGULATIONS: 1.
Students who believe they have been subject to sexual harassment will report the incident to any teacher, counselor or principal in their school building who will be referred to as the grievance officer. All reports received by teachers, counselors, principals or other District employees will be forwarded to the grievance officer. If the alleged harasser is the person designated as the grievance officer, an alternate grievance officer will be appointed by the superintendent to investigate the matter.
2.
Upon receiving a report, the grievance officer will confer with the student who has allegedly been harassed as soon as is reasonably possible, but in no event more than 2 class days or work days from receiving the report, in order to obtain a clear understanding of the basis of the complaint and to discuss what action the student is seeking.
3.
At the initial meeting with the student, the grievance officer will explain the avenues for informal and formal action and provide a description of the complaint procedure. The grievance officer will also explain that whether or not the student files a formal complaint or otherwise requests action, the District is required by law to take steps to correct the harassment and to prevent recurring harassment or retaliation against anyone who makes a harassment report or participates in an investigation. The grievance officer will also explain to the student that any request for confidentiality will be honored so long as doing so does not preclude the school from responding effectively to the harassment and preventing future harassment.
4.
Following the initial meeting with the student, the grievance officer will attempt to meet with the alleged harasser in order to obtain a response to the reported harassment and will investigate the matter in accordance with policy JBB. The grievance officer will complete the investigation within 14 days of the initial meeting with the student.
5.
Within 7 class days or work days of completing the investigation, the grievance officer will determine whether the matter should proceed formally or informally. On the basis of the grievance officer’s investigation and if the student requests that the matter be resolved in an informal manner and the grievance officer agrees that the matter is suitable for such resolution, the grievance officer may attempt to resolve the matter informally through conciliation.
6.
If the student requests a formal grievance process, the grievance officer will follow the procedure outlined below.
7.
The grievance officer, with additional assistance, if necessary, may gather additional evidence to decide the case. Within 14 work days of receiving the record, the grievance officer will announce any sanctions or other action deemed appropriate.
8.
Whether or not a formal grievance was filed, the District will take all steps necessary to end
the harassment, to make the victim whole by restoring lost educational opportunities, to prevent harassment from recurring and to prevent retaliation against anyone who reports sexual harassment or participates in a harassment investigation. 9.
Parties will be notified by the grievance officer of the final outcome of the investigation and all steps taken by the District.
10.
At any time, the student making a report of sexual harassment may request an end to the informal process and begin the formal grievance process.
Formal Hearing Procedure: 1. The complainant will be required to complete a written complaint form that will include the following (Form JBB-E1): -
Complainant's name and address Date(s) of the incident(s) Written description of the incident(s) Name(s) of the person(s) involved in incident(s) What the student did to discourage the incident(s) Name of any witness(es) to the incident(s) Satisfactory resolution to the complaint
One copy of this complaint form will be mailed or delivered to the school grievance officer. 2.
A hearing will be conducted to allow for the grievance officer to gather data regarding the alleged harassment from the complainant and the alleged offender. The grievance officer will promptly investigate and take appropriate action regarding the complaint, and will render a decision to the complainant and the alleged offender in writing within seven school /work days of receipt of the complaint form.
Step 2 - Appeal 1. If either party involved in Step 1 does not consider the decision rendered in Step 1 to be satisfactory, (s)he may appeal the decision to the Superintendent of Schools or designee. This appeal must be submitted in writing to the Superintendent within ten school/work days following receipt of the grievance officer’s decision. This appeal must include the following: 2.
the original complaint form a copy of the grievance officer’s decision from the third party a written statement as to the reason for the appeal
The Superintendent or designee shall have a period of fourteen school/work days to study the information submitted, investigate the circumstances, and respond in writing to the appeal. At the discretion of the Superintendent or designee, this appeal process may or may not include a conference with those parties involved. The Superintendent should ensure that any violations or corrective actions that are taken are documented in writing.
Eagle County School District, Re50J Adopted: May 22, 1985 (to go into effect July 1, 1985)
File: JBB
Revised: May 27, 1998 Sexual Discrimination and Harassment of Students The Board recognizes that sexual harassment can interfere with a student’s academic performance and emotional and physical well-being and that preventing and remedying sexual harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn. In addition, sexual harassment is recognized as a form of sex discrimination and thus is a violation of the laws which prohibit sex discrimination. District’s Commitment The District is committed to maintaining a learning environment that is free from sexual harassment. It shall be a violation of this policy for any District employee or student to harass a student through conduct or communications of a sexual nature or to retaliate against anyone who reports sexual harassment or participates in a harassment investigation. All indications, informal reports and formal grievances of sexual harassment by District employees, third parties or students, shall be investigated promptly by the District and appropriate corrective action shall be taken. Corrective action includes taking necessary steps to end the harassment, to prevent harassment from recurring and to prevent retaliation against anyone who reports sexual harassment or participates in a harassment investigation. What Constitutes Sexual Harassment Unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature may constitute sexual harassment, even if the harasser and the student being harassed are the same sex and whether or not the student resists or submits to the harasser, when: 1.
Submission to the conduct is made either explicitly or implicitly a term or condition of a student’s participation in an individual's employment or education program activity; or
2.
Submission to or rejection of such conduct by a student is used as a basis for educational decisions affecting the student
3.
Such conduct is sufficiently severe, persistent or pervasive such that it limits a student’s ability to participate in or benefit from an education program or activity or it creates a hostile or abusive educational environment.
For a one-time incident to rise to the level of harassment, it must be severe. Acts of verbal or physical aggression, intimidation or hostility based on sex, but not involving conduct of a sexual nature, may also constitute sexual harassment. Sexual harassment as defined above may include, but is not limited to: 1. sexually oriented verbal “kidding,” abuse or harassment; 2.
pressure for sexual activity;
3.
repeated remarks to a person with sexual or demeaning implications;
4.
unwelcome touching, such as patting, pinching or constant brushing against the body of
another; or, 5.
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades or similar personal concerns.
Legitimate non-sexual touching or other non-sexual conduct is not sexual harassment. Reporting Sexual Harassment Sexual harassment cannot be investigated or corrected by the District until the District is made aware of such harassment. Therefore, students are encouraged to report all incidences of sexual harassment to either a teacher, counselor or principal in their school building and file a formal complaint, as set forth in regulation JBB-R. All student complaints shall be forwarded to the grievance officer. If the alleged harasser is the person designated as the grievance officer, an alternate grievance officer will be appointed by the Superintendent to investigate the matter. All matters involving harassment reports shall remain confidential to the extent possible as long as doing so does not preclude the District from responding effectively to the harassment or preventing future harassment. Filing of a complaint or otherwise reporting sexual harassment shall not reflect upon the individual’s status or affect grades. Receiving Sexual Harassment Reports All sexual harassment reports shall be forwarded to the grievance officer (identified in the regulations). The grievance officer shall keep a confidential log, separate from other school records, in which reports of sexual harassment shall be recorded. The purpose of such a log is to aid the grievance officer in the investigation of sexual harassment reports and in discovering, investigating and resolving recurring sexual harassment problems. Upon receiving a report, the grievance officer shall proceed as set forth herein and in regulation JBBR. Investigating Sexual Harassment Reports The age of the student shall be taken into account when determining whether particular conduct actually occurred, whether particular conduct is sexual harassment, and in determining the appropriate response by the District. The grievance officer may consider the following types of information in determining whether sexual harassment occurred: 1.
statements by any witness to the alleged incident;
2.
evidence about the relative credibility of the parties involved;
3.
evidence relative to whether the alleged harasser has been found to have harassed others;
4.
evidence of the allegedly harassed student’s reaction or change in behavior following the alleged harassment;
5.
evidence about whether the student claiming harassment took action to protest the conduct;
6.
evidence and witness statements or testimony presented by the parties involved;
7.
other contemporaneous evidence; and,
8.
any other evidence deemed relevant by the grievance officer.
In deciding whether conduct is sufficiently severe, persistent or pervasive, all relevant circumstances shall be considered by the grievance officer, including: 1.
the degree to which the conduct affected one or more students’ education;
2.
the type, frequency and duration of the conduct;
3.
the identity of and relationship between the alleged harasser and the allegedly harassed student;
4.
the number of individuals involved as alleged harassers and as subjects of the harassment;
5.
the age and sex of the alleged harasser and the subject of the harassment;
Interim District Action When appropriate, the District shall take interim measures during the investigation of a harassment report to protect the alleged subject of the harassment from further harassment or retaliation. In cases involving potential criminal conduct, the grievance officer shall determine whether appropriate law enforcement officials should be notified. District Action Following Investigation If the conduct is determined to be sexual harassment, the District shall take all reasonable action to end the sexual harassment, to prevent its recurrence, to prevent retaliation against the student making the report and anyone participating in the investigation, and to restore lost educational opportunities to the harassed student. In addition, the harasser shall be disciplined according to applicable discipline policy. If inappropriate conduct does not rise to the level of sexual harassment prohibited by law, the matter shall be handled according to applicable discipline policy. Notice and Training Notice of this policy shall be circulated to all District schools and departments and incorporated in all student handbooks. All students and District employees shall receive notification of this policy frequently enough to be aware of its protections and procedures. LEGAL REFS.:
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. Title IX of the Education Amendments of 1972, U.S.C. Section 1681 et seq. C.R.S. 24-34-401 et. seq.
CROSS REF.:
JII, Student Concerns, Complaints, and Grievances GBAA, Sexual Discrimination and Harrassment of Employees
Eagle County School District, Re50J Adopted: April 27, 1988 Revised: August 27, 2013 Criteria for Attendance Variance Requests
File: JC-E1
1.
It is the expectation of the District that students in the elementary and the middle schools will attend the school located in the attendance area in which they live.
2.
Parents may request that their child(ren) attend a school outside of the attendance area in which they live. Requests will be approved on a first-come, first-considered basis.
3.
Variance requests may be submitted at any time in the school year.
4.
Approval of attendance variance requests at the elementary and/or middle school level will be for one school year only.
5.
Parents/guardians granted an attendance variance shall assume responsibility for the transportation of their children to and from school. However, the district may (depending on available space and transportation capacity and solely at the discretion of the Superintendent or designee) transport a variance student based on the process described in the “Transfer/Variance Transportation” section of policy JC.
Eagle County School District, Re50J Adopted: January 14, 1981 Revised: August 27, 2013
File: JC
School Attendance Areas The Eagle County School District school attendance areas have been determined by the Board of Education to be: This policy is currently being updated….please check back. Thank you! Eagle County School District, Re50J Adopted: Statutory
File: JD
School Census The School District shall conduct an annual census to ascertain and identify the number of schoolage children in the District in grades kindergarten through third grade with linguistically different skills. LEGAL REF.:
C.R.S. 22-1-113 C.R.S. 22-24-108
CROSS REF.:
IHBE/IHBEA, Bilingual Instruction/English as a Second Language
Eagle County School District, Re50J Adopted: February 9, 1994
File: JEA
Compulsory Attendance Ages Every child who has attained the age of seven years and is under the age of 16 is required to attend public school with such exceptions as provided by law. Every parent of a child between the ages of seven and 16 shall insure that the child attends public school unless the child is enrolled in an independent or parochial school or a non-public home-based educational program.
LEGAL REF.:
C.R.S. 22-33-104 C.R.S. 22-33-104.5 C.R.S. 22-33-107 C.R.S. 22-33-108
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2005
File: JEB
Entrance Age Requirements (Including Kindergarten Placement) Decisions regarding the required age for beginning kindergarten students, for the placement of students in classrooms, and for the basic structure of the kindergarten program should be based first upon the needs of the child and secondly upon an effective and efficient utilization of District resources. The geographic nature of the District and travel distances may necessitate different programs in different parts of the District. REGULATIONS: 1. Kindergarten Entrance Age A child must be five (5) years old on or before October 1 of the current school year to be eligible to enter kindergarten. A certified birth certificate or passport shall be required for enrollment age certification. A child moving into the Eagle County School District from another state after the beginning of the school year may be considered for entrance if the child has reached the age of five (5) years on or before October 1 of the current school year or has successfully completed forty-five (45) school days in some other public or state certified kindergarten program. Successful completion must be documented in writing by previous school. 2. First Grade Entrance Age Beginning in 2006-07 a child must be six (6) years old on or before October 1 of the current school year to be eligible to enter first grade. A certified birth certificate or passport shall be required for enrollment age certification. A child moving into the Eagle County School District from another state after the beginning of the school year may be considered for entrance to the first grade if the child has reached the age of six (6) years on or before October 1 of the current school year or has successfully completed a full year in a public or state certified kindergarten program or forty-five (45) days of first grade in some certified program in a public or private school. Successful completion must be documented in writing by previous school. 3. Available Programs a. Elementary schools will have a half-day, every day kindergarten program. Five day, all day programs will be available based on tuition. b. Each elementary school will advertise and conduct a kindergarten roundup program each year. The purpose of this roundup will be to begin to identify learning needs of children. c.
Students will be assigned to specific classes by the building principal. Consideration will be given to the learning needs of students.
LEGAL REF.:
C.R.S. 22-1-115 C.R.S. 22-32-119
C.R.S. 22-54-103(10)(a)(IV) (sets October 1 date) CROSS REF.:
JHD -- Exclusions and Exemptions from School Attendance
Eagle County School District, Re50J Adopted: July 1, 2001
File: JF-E
Admission and Denial of Admission According to the Colorado Revised Statutes 22-33-106 (2), subject to the district's responsibilities under The Exceptional Children's Education Act (see policy JK-2, Discipline of Students with Disabilities), the following shall be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program. •
Physical or mental disability such that the child cannot reasonably benefit from the pro grams available.
•
Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students.
According to C.R.S. 22-33-106 (3)(a-f), the following shall constitute additional grounds for denial of admission to a public school: •
Graduating from the 12th grade of any school or receipt of any document evidencing completion of the equivalent of a secondary education.
•
Failure to meet age requirements.
•
Having been expelled from any school district during the preceding 12 months.
•
Not being a resident of the district unless otherwise entitled to attend under C.R.S. 22, Articles 23 (migrant children) or 32 (exclusion of non-residents).
•
Failure to comply with the provisions of Part 9, Article 4, Title 25, C.R.S. (immunization requirements). Any suspension, expulsion or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student's immunization record with an appropriate explanation.
•
Behavior in another school district during the preceding 12 months that is detrimental to the welfare or safety of other pupils or of school personnel.
According to C.R.S. 22-23-106(4)(a), a student who has been expelled shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when: 1.
the expelled student was convicted of a crime, adjudicated a juvenile delinquent, received a deferred judgment or was placed in a diversion program as a result of committing the offense for which the student was expelled;
2. there is an identifiable victim of the expelled student’s offense; and 3. the offense for which the student was expelled does not constitute a crime against property.
If the district has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or re-enrolling only upon request of the victim or a member of the victim’s immediate family. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2003
File: JF
School Admissions To/Withdrawals from School All persons age five through 20 who reside with their legal parents/guardians within the boundaries of this School District who have not graduated from high school may be permitted to attend public schools without payment of tuition. Emancipated students who are between the ages of 18 and 21 need not reside with their legal parents/guardians but must reside within the Eagle County School District. In addition, persons who do not reside in the District may be admitted under Board policies related to nonresident students or by specific action of the Board. A birth certificate or other proof of legal age, as well as proof of residence, may be required by the school administration. All students new to the District shall be enrolled conditionally until records, including discipline records, from the schools previously attended by the student are received by the District. In the event such records indicate a reason to deny admission, the student’s conditional enrollment shall be revoked. Notice of the conditional enrollment status of new student shall be clearly indicated on all new student enrollment forms. Students shall be urged to have a physical examination and to submit a report from the examining physician prior to enrollment. Denial of admission The Board of Education or the superintendent may deny admission to the schools of the district for cause. The grounds for denial of admission shall be those established by law. (See Exhibit JF-E.) Students who were expelled from any school district during the preceding 12 months or whose behavior during the preceding 12 months in another school district was detrimental to the welfare or safety of other students or school personnel may be denied admission. Pursuant to Colorado law, a student who has been expelled shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when: a. the expelled student was convicted of a crime, adjudicated a juvenile delinquent, received a deferred judgment or was placed in a diversion program as a result of committing the offense for which the student was expelled; b. there is an identifiable victim of the expelled student’s offense; and c.
the offense for which the student was expelled does not constitute a crime against property.
If the district has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or re-enrolling only upon request of the victim or a member of the victim’s immediate family.
The Board shall provide due process of law to students and parents/guardians through written procedures consistent with law for denial of admission to a student. The policy and procedures for denial of admission shall be the same as those for student suspension and expulsion inasmuch as the same section of the law governs these areas. LEGAL REF.:
C.R.S. 22-1-102 (defines “resident”) C.R.S. 22-1-102.5 (defines “homeless child”) C.R.S. 22-1-115 (school age is between age 6 and 20 years) C.R.S. 22-32-115 (tuition to another school district) C.R.S. 22-32-116 (non-resident students) C.R.S. 22-33-103 through 22-33-110 (school attendance law)
CROSS REF.:
EHB, Data/Records Retention JFAB/JFABA, Admission of Nonresident Students/ Nonresident Tuition Charges JLCB, Immunization of Students
Eagle County School District, Re50J Adopted: July 1, 2002 Revised: July 1, 2006
File: JFAB
Continuing Enrollment of Students Who Become Nonresidents Resident elementary students who become nonresidents Students enrolled in elementary school who become nonresidents during or between school years may remain enrolled in or re-enroll in the elementary school subject to the following requirements: 1.
The student was included in the district's most recent October 1 student enrollment count and has been enrolled continuously in elementary school since the count was taken. 2. The parent/guardian has submitted a written request to the principal asking for the student to remain enrolled or to re-enroll in the school. 3. The request has been approved by the principal after a determination that space exists in the school to accommodate the student. Once the elementary student's request is approved, the student may enroll or reenroll in the requested school. The district will enter into a written agreement with the student's district of residence. However, this agreement will not contain any requirement that the district of residence or the parent/guardian pay tuition. Resident secondary students who become nonresidents Secondary students who become nonresidents during the school year may remain enrolled through the trimester at the student’s current school. Students enrolled in the twelfth grade may finish the school year at the current school. LEGAL REFS.:
C.R.S. 22-32-115 (tuition to another district) C.R.S. 22-32-116 (students who become nonresidents) C.R.S. 22-33-103 (parent not required to pay tuition if resident of Colorado)
CROSS REFS.:
JFABA, Nonresident Tuition Charges JFBA, Intra-District Choice/Open Enrollment JFBB, Inter-District Choice/Open Enrollment Entrustment Agreement, Power Of Attorney, And
Consent to Delegation I, _______________________________________ of ____________________________ ____________________________ (insert full name of parent or guardian) (insert complete mailing address) am the __________________________________________________________________ (insert “natural mother,” “natural father,” or “legally-appointed guardian”) of _________________________________ (Student) whose date of birth is __________. (insert full name of student) (DOB) I desire to delegate all of my powers as Student’s _______________________________ (insert “parent” or “guardian”) pursuant to Section 15-14-104, Colorado Revised Statues, including, but not limited to those set forth below, and grant this general power of attorney over the business and personal affairs of the Student. I do now hereby entrust Student to ___________________________________________ whose (insert name of person) address is __________________________________________________________ and give (insert complete mailing address) _____________________________________ a general power of attorney over the business and (insert name of person) person affairs of the Student. I intend that _____________________________________ have full powers to: (insert name of person) 1.
Make any and all arrangements necessary for the property and appropriate education of Student;
•
Make any and all necessary arrangements for the proper and appropriate medical care of Student including, but not limited to, medical, dental, psychiatric and psychological care, and to give written or verbal consent for such care; and,
3. Exercise in all respects all power or rights with respect to Student as fully as I myself could except my power to consent to Student’s marriage or adoption. This Entrustment Agreement and Power of Attorney shall take effect immediately upon my signature, and shall continue until I revoke and cancel it, until I substitute another person, until my death, or until nine months has expired, whichever event occurs first. This Entrustment Agreement and Power of Attorney shall not terminate upon my disability or incompetence. Dated:____________________________ ____________________________________ (Signature of Parent or Guardian) STATE OF COLORADO )
)ss COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20_____, by ________________________________________. Witness my hand and official seal. My commission expires: ______________________________. ___________________________________________________ Notary Public CONSENT TO DELEGATION The undersigned hereby accepts the powers and responsibilities for Student delegated to him/her by the Student’s parent or guardian, and agrees to be responsible for the Student’s conduct in all schoolrelated activities. The undersigned further agrees to cooperate with the teachers and administrators of Eagle County School District RE-50J (District) in all matters related to the Student’s education, including, but not limited to, academic, discipline, and extra-curricular matters. __________________________________________________ Signature of Delegate The foregoing instrument was acknowledged before me this _____ day of ____________, 19_____, by ________________________________________. Witness my hand and official seal. My commission expires: ______________________________. ___________________________________________________ Notary Public NOTE: This Entrustment Agreement, Power of Attorney, and Consent to Delegation is for use when a parent or guardian who is a resident of the State of Colorado but not a resident of Eagle County School District RE-50J (District) delegates to a resident of the District the parent or guardian’s powers with respect to a child who is residing in the District and attending a District school. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2004
File: JFABA
Nonresident Tuition Charges The parents or guardians of Colorado students who are not residents of this school District shall not be charged tuition and shall be admitted in accordance with the statute on. Public Schools of Choice. Enrollment of these students shall be decided in accordance with the policy on inter-district choice/open enrollment. A non-resident student may be admitted to a district school if space is available in the class(es), if no additional staff will be required to be hired and if facilities or programs will not require modification. However, the district may enter into a written agreement with any student’s district of residence under which the district of residence agrees to pay tuition to allow the student to attend school
within the district as long as the student is not a continuing enrolled student pursuant to policy JFAB When a nonresident student with a disability enrolls and attends school in this District, the district shall provide notice to the student’s district of residence. The student's District of residence shall be responsible for paying the tuition charge for educating the student in accordance with state laws and regulations. The amount of the tuition shall be determined pursuant to rules developed by the Colorado Department of Education. Any student not a resident of the Eagle County School District RE50J wishing to attend school within this District shall first make application to the school principal (or his/her designee) for permission to attend. Students defined in state law as homeless children shall be admitted without payment of tuition. Students who were expelled from another school District during the preceding 12 months or whose behavior in another school District during the preceding 12 months was detrimental to the welfare or safety of other students or school personnel may be denied admission. For out-of-state students under the guardianship of someone other than his/her parent(s), a power of attorney will not be sufficient evidence to establish that student as a resident of Eagle County. The Eagle County School District will only accept a finalized court order as proof of residency and guardianship. Out-of-state students without such guardianship who wish to attend school in this District shall be charged tuition in accordance with the rate adopted by the Board on an annual basis. If a student is required to pay tuition and who attends the Eagle County School District for a period of time that is less than a full school year, the tuition amount will be calculated on a per diem basis. Tuition payments shall be paid prior to a student being admitted to school and must be paid in advance on a quarterly basis. The Superintendent shall present to the Board for its consideration any request from parents or legal guardians for exceptions to this policy. LEGAL REF:
C.R.S. 15-14-104 (delegation of custodial power) C.R.S. 22-1-102 (2) C.R.S. 22-20-109 C.R.S. 22-23-105 (residence of migrant children) C.R.S. 22-32-113 (1)(b),(c) C.R.S. 22-33-103 C.R.S. 22-33-106 (3)
CROSS REFS.:
JFAB, Continuing Enrollment of Students Who Become Nonresidents JFABD, Homeless Students JFBB, Inter-District Choice/Open Enrollment
Eagle County School District, Re50J Adopted: July 9, 1997 Revised: July 1, 2002 Admission of Non-Immigrant Foreign Students
File: JFABB
The District recognizes the educational and cultural value of international exchange programs and foreign exchange students and authorizes the admission of a limited number of non-immigrant foreign exchange students to the regular educational programs offered in the district’s schools. To protect the interests of the District, its schools and students, only foreign exchange students from approved exchange programs and students privately sponsored by District residents will be admitted. Non-immigrant foreign students who enroll through a one-year exchange program are not eligible to graduate from a District high school. Approved exchange programs are those designated by the United States Information Agency. Foreign exchange students admitted as part of an approved program are considered wards of the families with whom they reside. Privately sponsored foreign exchange students may be enrolled if an adult resident of the District has been given temporary court approved guardianship and the student lives in the home of that guardian and if the student meets all legal requirements for a student visa. This policy and the accompanying regulation apply to non-immigrant foreign students who temporarily reside within the District’s boundaries without their parents/legal guardians for the purpose of attending school. These students are those who qualify for a J-1 visa or an F-1 visa under the regulations of the United States Department of Justice, Immigration and Naturalization. This policy and accompanying regulation do not apply to resident aliens, political exiles, or students from other countries residing within the District’s boundaries with their parents/legal guardians. Students in the United States on a visitor visa are not entitled to enroll in the schools of this District. Foreign students on an F-1 visa may only attend secondary schools within the District and are required by law to pay the District for the full, unsubsidized per capita cost to the District for providing education to the student for the period of his or her attendance. The period of attendance may not exceed 12 months. Foreign students on a J-1 visa are not required by law to pay tuition. LEGAL REF.:
8 USC 1184 8 USC 1101 (a) (15)(F)(i)
CROSS REF.:
JFAB, Admission of Nonresident Students/Tuition Charges IKF, Graduation Requirements
Eagle County School District, Re50J Adopted: July 9, 1997 Revised; July 1, 2006
File: JFABB-R
Admission of Non-Immigrant Foreign Students Academic Requirements No students will be admitted who has already graduated from the equivalent of the twelfth grade or who will reach the age of twenty-one years on or before September 15 of that school year. The student must have average or above-average grades in school at home and must not require special education services in order to function in the regular academic program.
The student must have sufficient knowledge of the English language to enable effective oral and written communication and to function in a regular educational setting without special assistance. If a student’s English proficiency is found to be insufficient to function in the regular instructional program without special assistance, the exchange program or private sponsor must provide a tutor or make other educational arrangements for the student at their expense. If the program or sponsor fail to do so, the student will be withdrawn and INS will be notified. The District will not provide foreign students with admission to special education programs, English as a Second Language programs, post secondary options or other special programs. Students are expected to take five classes per term including one language arts or English class and one American history or government class and are expected to maintain passing grades in all classes. Non-immigrant foreign students who enroll through a one-year exchange program are not eligible to graduate from a District high school. General requirements Foreign students will be treated as regular students. They are responsible for complying with all district policies and regulations. Foreign students are expected to pay for all lunches, books, athletic and student activity fees and other fees, yearbook costs, and all other expenses normally borne by students in the District. Foreign students are not entitled to free or reduced prices for lunches. The eligibility requirements of the Colorado High School Activities Association will be followed. Accordingly, foreign students sponsored by an approved program may participate in organized sports, while those sponsored by a private sponsor may not. The sponsor, host family and local program representative must maintain personal contact with the school, must be available and willing to meet with school personnel when problems or circumstances require and must assume full and final responsibility for resolving problems including the early return of the student if personal, family or school difficulties cannot be resolved. If a student’s grades, attendance, conduct or discipline are deemed unsatisfactory by the school, the student may be withdrawn and INS will be notified. Admissions process Approvals for admission must be obtained from the District between April 15th and July 31st for the following school year. All applications will be screened and approved by the principal of the school where admission is being requested. The student must attend the school in the attendance area in which the host family or sponsor lives, unless an appropriate transfer is approved by the District. Should a large number of foreign students be scheduled for a particular school, a transfer to another school may be recommended by the District in order to create a balance in foreign student enrollment. Upon the student’s arrival in the District, the adult sponsor (host family and/or local representative of the exchange program) and student must come to the school to complete the enrollment process. Students must arrive in sufficient time for attendance on the first day of school. Students requesting admission must submit:
•
Birth certificate or other proof of age
7. Recent official transcript with English translation reflecting courses taken and grades earned 8. Records showing required immunizations 9. Evidence of medical insurance that will cover the student while residing in the District 10. A letter of application written in English by the student that provides pertinent information about the student, including student’s name, age, birthdate, home address and phone number, level of education, reasons for wanting to attend school in the District and the projected duration of enrollment 11. The names, addresses and phone numbers of the exchange student’s own parents/guardians, the host family and the local exchange program representative. 12. Proof of English proficiency, including evidence that the student has successfully completed a minimum of three years of instruction in English and a letter of recommendation from the English language teacher documenting the level of proficiency or evidence that the student has passed a test of English language proficiency, such as the SLEP, TOEFL or FSI 13. A notarized temporary custody agreement between the student’s parents and the host family and/or exchange program Private sponsors must submit: a. Proof of residence; or b. Affidavit of support, including the following supporting evidence: •
• •
A statement from an officer of a bank or other financial institution in which deposits are recorded giving details regarding the date the account was opened, the total amount deposited during the past year and the present balance A statement from the employer on letterhead stationery showing the date and nature of employment, the salary paid and whether the position is temporary or permanent If self-employed, a copy of the last income tax return filed
Foreign students sponsored by an approved program (J-1 Visa) Only programs designated by the United States Information Agency will be considered for placement of foreign students on J-1 visas. The program must have a local representative residing in or near the District who will meet with the student, host family, and school personnel on a regular basis. Orientation both pre-departure and upon arrival in the United States, must be provided to help foreign students adjust to a new culture. Ongoing contact and support from the local representative of the exchange program must also be provided. Orientation must be provided to the host family in advance of the foreign student’s arrival. The family should be acquainted with the needs and requirements of housing a visitor for a long period of time, advised of potential problems in hosting a foreign student and provided with suggestions for coping with these problems. Ongoing contact and support from the local representative of the exchange program must also be provided.
Foreign students on J-1 visas are not subject to tuition. Foreign students sponsored by relatives or friends (F-1 Visa) Pursuant to federal law, only high school students are eligible for F-1 visas. A student may receive F-1 status for no more than twelve months in a public school system. The student must have reimbursed the school district in advance for the full, unsubsidized cost of educating the student. This amount will be determined annually by the Superintendent or designee. Payment of tuition must be in a certified or cashier’s check in U.S. currency payable to the District. Should a student not be able to obtain a visa or not attend for some other reason, the tuition will be refunded in full. Should a student attend for less than a full school year, tuition will only be refunded if a true hardship situation is demonstrated. The private sponsor assumes parental responsibility including financial obligations while the foreign student is in attendance. The sponsor must demonstrate the ability to support the student prior to issuance of the I-20. Eagle County School District, Re50J Adopted: July 1, 2002
File: JFABD
Admission of Homeless Students It is the Board’s intent to remove barriers to the enrollment and retention of homeless student in school in accordance with state and federal law. The district shall take reasonable steps to ensure that homeless students are not segregated or stigmatized and that decisions are made in the best interest of the student. Each homeless child shall be provided services for which the child is eligible, comparable to services provided to other students in the school, regardless of residency, including transportation services, education services, vocational and technical education programs, gifted and talented programs, and school nutrition programs. Homeless children shall be provided access to education and other services that they need to ensure that they have an opportunity to meet the same student performance standards to which all students are held. All educational decisions shall be made in the best interests of the student. The district shall coordinate with other districts and with local social services agencies and other agencies or programs providing services to homeless children as needed. The superintendent shall designate at least one staff member in the district to serve as the homeless student liaison and fulfill the duties set forth in state and federal law. Decision on enrollment and transportation for homeless students shall be made in accordance with regulation JFABD-R NOTE 1: The term “homeless children” is defined in federal law to include the following: Individuals who lack a fixed, regular and adequate nighttime residence; including • children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in
emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; • children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; • children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and • migratory children who are living in circumstances described in the clauses above. NOTE 2: While the definition of homeless children in Colorado law closely tracks the definition in federal law, the federal law contains the following language which is NOT found in the Colorado law: • “sharing the housing of other persons due to lack of housing, economic hardship or a similar reason” • “trailer parks” • “substandard housing” Colorado school districts are required to follow the more inclusive federal definition. LEGAL REFS.:
42 U.S.C. §11431et seq. (McKinney Homeless Assistance Act, as amended by No Child Left Behind Act of 2002) C.R.S. 22-1-102.5 (definition of homeless child) C.R.S. 22-32-109 (1)(dd) (duty to adopt/revise policies to remove barriers to access and success in schools for homeless children) C.R.S. 22-33-103.5 (attendance of homeless children) C.R.S. 26-5.7-101 et seq. (Homeless Youth Act)
Eagle County School District, Re50J Adopted: July 1, 2002 Revised: July 1, 2006
File: JFBA
Intra-District Choice/Open Enrollment The District endorses the neighborhood school concept and makes many decisions based on student population within the attendance areas of residence. The Board recognizes, however, that resident students may wish to attend a school or participate in a program located in an area other than that of their assigned school. Therefore, students shall be allowed to attend any school or participate in any program of their choice on a space available, first-come, first-served basis. Those students exercising choice under the federal No Child Left Behind Act (NCLB) have priority over other students in the exercise of open enrollment under this policy In implementing the open enrollment program, the district is not required to: 1.
Make alterations in the structure of a requested school or make alterations to the arrangement or function of rooms within a requested school.
2.
Establish and offer any particular program in a school if such program is not offered currently in such school.
3.
Alter or waive any established eligibility criteria for participation in a particular program including age requirements, course prerequisites and required levels of performance.
Notwithstanding the provisions of this policy, a student may be assigned outside the attendance area by mutual agreement of the principals in the special interest of the student and/or school. Open enrollment and transfers Resident students and their parents/guardians shall be notified on an annual basis of the options available through open enrollment in sufficient time to apply. Students within designated attendance areas shall have priority in registering in that school. This shall also apply to home-schooled students desiring to take classes on a part-time basis. Students may apply for open enrollment in a school outside their attendance area and such applications shall be approved if there is space available in the requested school and the Open Enrollment/Transfer application has been submitted on or before March 1 in accordance with the regulations accompanying this policy. Parents and/or students who desire a change of school after March 1 must submit a letter together with the required form requesting a variance. The request shall be reviewed and acted upon in accordance with the regulations accompanying this policy. Open enrollment/transfer students attending a school outside their attendance area shall be granted admission throughout the grades served by the school. In the event the population of the attendance area increases to fill the building with attendance area residents or students from outside the attendance area who have a right to attend the school under the NCLB choice option, transfer students may be asked to enroll in another school. Students granted permission to attend a school other than the school in their assigned attendance area shall have the same curricular and extracurricular status as all other students attending the school, limited only by rules of the Colorado High School Activities Association. Any student enrolled pursuant to this policy shall be allowed to remain enrolled in the school or program unless overcrowding or other undesirable conditions develop, as described in the accompanying regulation. In addition, students from outside the attendance area who enrolled under the NCLB choice option may remain in the school until they complete the highest grade available in the school subject to capacity constraints related to health and safety issues Transportation Transportation for students granted permission to attend school outside their attendance area must be furnished by their parents unless space is available in district buses without disruption of regular routes and loading areas. Homeless and disabled students shall be transported, as necessary, in accordance with state and federal law. See policy JFABD, Admission of Homeless Students. Students attending under the NCLB choice option shall be provided transportation at district expense to the extent required by law. Nondiscrimination The Board, the superintendent, other administrators and teachers shall not make any distinction on account of race, sex, ethnic group, religion or disability of any student who may be in attendance or who seeks admission to any school maintained by the district in the determination or recommendation of action under this policy. However, the Board reserves the right to restrict open enrollment/transfer requests if such requests begin to significantly affect the ethnic balance of a school. Special education students Requests from the parents of special education students for open enrollment/transfer to another school or program shall be considered in accordance with applicable state and federal laws. The
student’s current Individual Education Plan (IEP) shall be used to determine if the requested school or program can meet the student’s needs. All rules and regulations from this policy also apply to special education students. LEGAL REFS.:
C.R.S. 22-1-102 (definition of district resident) C.R.S. 22-32-110 (1)(m) (power to fix boundaries) C.R.S. 22-36-101 et seq. (open enrollment) 20 U.S.C. 1116 (choice options contained in the No Child Left Behind Act of 2001)
CROSS REFS.:
EEA, Student Transportation IHBG, Home Schooling JC, School Attendance Areas JFABD, Admission of Homeless Students JFBB, Inter-District Choice/Open Enrollment
NOTE: School districts are encouraged by C.R.S. 22-36-101(2)(a) to give enrollment priority to students who scored in the unsatisfactory category on one or more CSAP tests or who attend an unsatisfactory school.
Eagle County School District, Re50J Adopted: July 1, 2002 Revised: July 1, 2006
File: JFBA-R
Intra-District Choice/Open Enrollment/Transfer 1.
Attendance areas Students will attend the district school determined by their residence unless a request to attend another school or program is approved. No student will be enrolled in a school or program outside the attendance area without prior approval in accordance with these regulations. The principal of each school will be responsible for checking student enrollment records to determine that each student is a legal residence of that school’s attendance area or has an approved authorization for open enrollment/transfer. Students must register in the school serving their attendance area unless a request for open enrollment/transfer is granted. Registration in the requested school will not be permitted until the student has received written approval for open enrollment/transfer.
2.
Open enrollment/Transfer Requests for open enrollment/transfer must be initiated by the parents/guardians by filing the approved form with the principal of the school which the student wishes to attend (receiving school). The receiving school principal will notify the principal of the school in the student’s attendance area of the disposition of the request. The Superintendent shall also receive copies of related paperwork. Forms will be available in every school building and in the District office. The principal will explain to the parents/guardians the procedures used to process open enrollment requests. The receiving school principal will make the decision as to whether an open enrollment/transfer application is accepted or rejected based on criteria established in state law and Administrative policy. When a parent seeks to exercise the No Child Left Behind Act (NCLB) choice option, this decision shall be made in consultation with the Directors of
Elementary or Secondary Education. The receiving school principal will be responsible for notifying the parents/guardians and students of approval or disapproval of an open enrollment/transfer request no later than May 1. Reasons used by the principal to accept or reject open enrollment/transfer requests shall be limited to any of the following: a. There is a lack of space or teaching staff within a particular program or school requested. b. The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the student or does not offer a particular program requested. c.
The student does not meet the established eligibility criteria for participation in a particular program including age requirements, course prerequisites and required levels of performance.
d. A desegregation plan is in effect for the school district, and such denial is necessary in order to enable compliance with the desegregation plan. Upon enrollment at a school outside the attendance area, the student should plan to remain in that school. Once a student is accepted under the open enrollment/transfer plan, every effort will be made to permit the student to complete the highest grade in that building subject to the right of residents of the attendance are and students exercising the NCLB choice option. Students who wish to return to their home school or to open enroll/transfer in a different school must submit an open enrollment/transfer request in accordance with these regulations. Each principal will maintain a file of all open enrollment/transfer requests to that building. A copy will be forwarded to the central office for district-wide data collection purposes. Those students who apply for open enrollment/transfer and cannot be accepted at the time of application will be placed on a waiting list in the order in which the applications are received and will be considered for approval at a later date if space becomes available. The waiting list will be maintained until October 1 of each year, after which a new waiting list will be developed for the next 12 months. 3.
Variances The variance process is available to allow flexibility in choice of school when the open enrollment/transfer deadline has passed and/or circumstances necessitate a change in school just prior to or during a school year. All requests for attendance at a school outside a student’s attendance area will be processed as variances once the open enrollment/transfer deadline has passed. Requests for variance must be initiated by the parents/guardians by filing the approved form with the principal of the school which the student wishes to attend (receiving school). The receiving school principal will notify the principal of the school in the student’s attendance area of the disposition of the request. Forms will be available in every school building and in the central administrative office. The principal will explain to the parent/guardian the procedures used to process variance requests. The receiving school principal will make the decision as to whether a variance application is accepted or rejected based on the same criteria established in state law and Board policy as
used to consider open enrollment/transfer requests. It may be appropriate under some circumstances to conditionally approve a transfer request. The receiving school principal will be responsible for notifying the parents and students of approval or disapproval of a variance request as soon as possible. Permission, when granted, will be for one academic year or the remainder of the year if the variance occurs after the beginning of any school year. Renewal of variances is not automatic. Students who wish to return to their home school may do so but need to reenroll in that school. Students who wish to remain at their new school must apply for the open enrollment/transfer in accordance with these regulations. Each principal will maintain a file of all variance requests to or from his building. A copy will be forwarded to the central office for district-wide data collection purposes. 4.
Criteria to determine availability of space or teaching staff Open enrollment/transfers and variances within the district will be approved subject to space availability in the school requested contingent upon district class size guidelines and subject availability as determined by the receiving principal taking enrollment projections into consideration. Students whose open enrollment/transfer or variance requests have been approved will be assigned to classrooms on the basis of available staff and support services as well as the best use of classroom space. Mobile units will not be taken into consideration when determining availability of classroom space. Requests for enrollment in particular programs will take into consideration the applicant’s qualifications for the program. An open enrollment/transfer or variance granted to one child in a family will not necessarily support the open enrollment/transfer or variance of another child in the family.
5.
Continuing enrollment criteria Any student enrolled pursuant to this policy shall be allowed to remain enrolled in the school or program through the end of the school year unless: a. the student is expelled from the school or program b. the student's continued participation in the school or program requires the district to make alterations in the structure of the school or to the arrangement or function of rooms c.
there is a lack of space or teaching staff
d. the school does not offer appropriate programs or is not equipped to meet the special needs of the student e. the school does not offer a program requested by the student f.
the student does not meet established eligibility criteria
g. a desegregation plan is in effect and denial of continued enrollment is necessary to comply with the plan Students whose place of residence changes within the school district during the school year must complete variance forms for record-keeping purposes. Students will be required to attend
the school of their new attendance area the following year unless application is made for open enrollment/transfer. 6.
Athletics Eligibility for participation in interscholastic athletics will be determined in accordance with the rules of the Colorado High School Activities Association. Any student who enrolls in a school outside of the attendance area by falsifying the address forfeits eligibility to participate in athletic activities.
7.
Appeal procedure Should a request for open enrollment/transfer or variance be denied, the parent/guardian will be advised by the principal that they may appeal the denial by contacting the Director of Elementary or Secondary Education. The principal shall immediately submit the reason for denial of the request, and the parent/guardian’s request, to the administrator considering the appeal. The administrator will review the parent/guardian request and the principal’s decision and then make a determination of a school assignment. Upon request of either the principal or the parent/guardian, the superintendent will review the decision of the administrator. Upon request, the Board of Education will review the decision of the superintendent.
Eagle County School District, Re50J Adopted: July 1, 2001 Revised: July 1, 2006
File: JFBB
Inter-District Choice/Open Enrollment The Board recognizes that students may benefit from having a choice of schools to attend within the public school system that is not limited by school district boundaries. Nonresident students from other school districts within the state who are accepted pursuant to the regulations approved by the District may enroll in particular programs or schools within this district on a space available basis without payment of tuition, except as otherwise provided by law. In providing for admission of nonresident students, the school district shall not: 1.
Make alternations in the structure of the requested school or to the arrangement or function of rooms within a requested school to accommodate the enrollment request.
2.
Establish and offer any particular program in a school if such program is not currently offered in such school.
3.
Alter or waive any established eligibility criteria for participation in a particular program, including age requirements, course prerequisites and required levels of performance.
4.
Enroll any nonresident student in any program or school after October 1.
Before considering requests for admission from nonresidents, priority shall be given to resident students who apply under the district's open enrollment/transfer plan.
Any student enrolled pursuant to this policy shall be allowed to remain enrolled in the school or program through the end of the school year unless overcrowding or other undesirable conditions develop, as described in the accompanying regulation. Transportation Transportation for students granted permission to enroll pursuant to this policy shall be furnished by their parents/guardians to a bus stop within the district if arrangements can be made to have the student ride on a district bus without disruption of regular routes and loading areas. Homeless and disabled students shall be transported, as necessary, in accordance with state and federal law. Nondiscrimination The Board, the superintendent, other administrators and teachers shall not make any distinction on account of race, color, sex, religion, national background, marital status, disability or handicap of any student who may be in attendance or who seeks admission to any school maintained by the district in the determination or recommendation of action under this policy. However, the District reserves the right to restrict enrollment requests if such requests begin to significantly affect the ethnic balance of a school. Special education Requests from the parents/guardians of special education students for admission shall be considered in accordance with applicable state and federal laws. The student's current Individual Education Plan (IEP) shall be used to determine if the requested school or program can meet the student's needs. Once the student is admitted, the district shall conduct a staffing to update the IEP. All rules and regulations of this policy apply to the special education student. Waiver requests The superintendent shall present to the Board for its consideration any request from parents/guardians alleging violation of a policy. LEGAL REFS.:
C.R.S. 15-14-104 (delegation of custodial power) C.R.S. 19-1-115.5 (child in foster care placement is considered resident of school district in which foster home is located) C.R.S. 22-1-102 (2) (definition of resident of district) C.R.S. 22-20-109 (tuition for special ed services) C.R.S. 22-32-113 (1)(c) (transportation of students residing in another district) C.R.S. 22-32-115 (district may pay tuition for student to attend in another district not to exceed 120% of per pupil general fund cost) C.R.S. 22-32-115 (2) (b) (subject to 22-36-101 district must permit any student whose parents are residents of Colorado to attend w/o payment of tuition) C.R.S. 22-32-115 (4) (a) (district is not liable for tuition except pursuant to written agreement) C.R.S. 22-32-116 (if become non-resident may finish semester, if in 12th grade or may finish year, special rules for elementary students) C.R.S. 22-33-103 (any resident may attend district school w/o payment of tuition, tuition can be paid by district of resident pursuant to written agreement, parents may pay tuition if non-Colorado resident) C.R.S. 22-33-106 (3) (grounds to deny admission) C.R.S. 22-36-101 et seq. (open enrollment policy must have time line and reasons to deny enrollment) C.R.S. 22-54-103 (10) (definition of pupil enrollment as of Oct. 1) 1 CCR 301-1, Rule 3.02 (l)(j) (opportunities and options for choice)
CROSS REFS:
JFAB, Continuing Enrollment of Students Who become Nonresidents JFABA, Nonresident Tuition Charges
JFABD, Enrollment of Homeless Students JFBA, Intra-District Choice/Open Enrollment Eagle County School District, Re50J Adopted: July 1, 2001 Revised: July 1, 2006
File: JFBB-R
Inter-District Choice/Open Enrollment The District will consider admission requests from Colorado students who do not reside within the boundaries of the school district but who wish to attend a particular school or program within the district, in accordance with the following regulations: 1.
Determination of residency Any questions about a student's residency status must be resolved prior to application for admission. These regulations apply to all Colorado students who do not reside within the boundaries of the school district.
2.
Requests for admission Requests for admission as a nonresident student must be initiated by the parent/guardian by filing the approved form with the principal of the school which the student wishes to attend (receiving school) prior to March 1 for enrollment in the following academic year. Forms will be available in every school building and in the central administrative office. The principal will explain to the parent/guardian the procedures used to process admission requests. Students must submit an admission request in accordance with these regulations for each school or program requested within the district. Each principal will maintain a file of all enrollment requests received from nonresidents. A copy will be forwarded to the central office for district-wide data collection purposes. The receiving school principal will make the decision as to whether an application is accepted or rejected based on criteria established in state law and District policy and regulations. The receiving school principal will be responsible for notifying the parent/guardian and student of approval or disapproval of an admission request no later than May 1. Approval of a request to enroll in the district will be conditioned on compliance with each of the following: a. Actual enrollment and attendance prior to October 1 of the following academic year. b. Receipt of all applicable records. c.
Satisfaction of all district requirements for admission.
In the event any information is falsified or withheld from the district during the admission process, approval for admission will be withdrawn immediately. Those students who apply for admission who are not accepted at the time of application will be placed on a waiting list in the order in which the applications are received and will be considered for approval at a later date if space becomes available.
3.
Grounds for denial of admission Grounds for denial of admission to a nonresident student who otherwise complies with the district's policies and procedures are limited to the following: a. There is a lack of space or teaching staff in a particular program or school requested, in which case priority will be given to resident students applying for admission to the program or school. b. The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the student or does not offer the particular program requested. c.
The student does not meet the established eligibility criteria for participating in a particular program including age requirements, course prerequisites and required levels of performance.
d. A desegregation plan is in effect for the school district, and denial is necessary in order to enable compliance with the desegregation plan. e. The student has been expelled from any school district in the preceding 12 months or is in the process of being expelled because of habitually disruptive behavior (as defined in law) or for committing a serious offense for which expulsion is mandatory. f.
The student has demonstrated behavior in another school district during the preceding 12 months that is detrimental to the welfare or safety of other students or of school personnel.
g. The student has graduated from the 12th grade of any school or is in receipt of a document evidencing completion of the equivalent of a secondary curriculum. 4.
Criteria to determine availability of space or teaching staff Enrollment requests are subject to space availability in the school requested contingent upon district class size guidelines and subject availability as determined by the receiving principal taking enrollment projections into consideration. Students whose enrollment requests have been approved will be assigned to classrooms on the basis of available staff and support services as well as the best use of classroom space. Requests for enrollment in particular programs will take into consideration the applicant’s qualification for the program. Admission granted to one child in a family will not necessarily support enrollment of another child in the family.
5.
Athletics Nonresident students who enroll within the district in accordance with this policy will have the same curricular and extracurricular status as all other students attending the school, limited only by rules of the Colorado High School Activities Association (CHSAA). Eligibility for participation in interscholastic athletics will be determined in accordance with CHSAA rules.
6.
Continuing enrollment criteria Any student enrolled pursuant to this policy shall be allowed to remain enrolled in the school or program through the end of the school year unless:
a.
the student is expelled from the school or program
b. the student's continued participation in the school or program requires the district to make alterations in the structure of the school or to the arrangement or function of rooms c.
there is a lack of space or teaching staff
d. the school does not offer appropriate programs or is not equipped to meet the special needs of the student e. the school does not offer a program requested by the student f.
the student does not meet established eligibility criteria
g. a desegregation plan is in effect and denial of continued enrollment is necessary to comply with the plan 7.
Appeal procedure Should a request for admission be denied, the parent/guardian will be advised by the principal that they may appeal the denial by contacting the Directors of Elementary or Secondary Education. The principal shall immediately submit the reason for denial of the request and the parent/guardian’s request to the Director considering the appeal. The administrator will review the parent/guardian’s request and the principal’s decision and then make a determination. Upon request of either the principal or parent/guardian, the superintendent will review the decision of the Director. Upon request, the Board of Education will review the decision of the superintendent.
Eagle County School District, Re50J Adopted: July 1, 2006
File: JFC
Student Withdrawal from School/Dropouts The District recognizes and promotes the importance of obtaining a high school diploma, as a diploma assists students in leading healthy and productive lives after graduation. Those youth who withdraw from school and prepare to face life with less than a high school education will have a much more difficult time entering the workforce or pursuing other goals. Therefore, the District strongly urges every teacher, guidance counselor, principal, parent and citizen to exert all the influence which he/she can command to keep all district students in school through high school graduation. Principals, teachers and guidance counselors are encouraged to make dropout prevention a priority through personal contacts with students and specialized programs. The goal is to enable those students who are considering dropping out or have dropped out of school to return and resume their programs with a minimum degree of disruption. To emphasize the importance of a high school diploma and to encourage students to reconsider their decision to withdraw from school, the district will notify the student’s parent or parents, or legal guardian or custodian in writing, when the district has knowledge that a student has dropped out of high school. For purposes of this policy, “high school dropout” shall have the same meaning as defined by the rules of the State Board of Education.
LEGAL REFS.:
C.R.S. 22-2-114.1 (definition of “dropout”) C.R.S. 22-33-104 (compulsory school attendance) C.R.S. 22-33-107.1 (written notice of dropout status) C.R.S. 22-33-203 and 204 (services for expelled and at-risk students)
CROSS REF.:
IKF, Graduation Requirements
Eagle County School District, Re50J Adopted: July 1, 2006
File: JFC-R
Student Withdrawal from School/Dropouts When a student is identified by the staff as a potential or immediate dropout, the following procedure is to be implemented: 1.
The student and a school counselor will meet for the purpose of discussing the reason(s) for leaving school and the student’s plans for the future.
2. The counselor and the student’s teachers will meet to discuss the student’s present scholastic standing. 3. The student, his/her parents or guardian, the counselor and the principal or designee will review all pertinent information and give their recommendations. If, after the above procedure has been followed, the student remains firm on his/her intention to leave school, a final meeting will be scheduled between the student and the counselor to discuss those educational and occupational alternatives, which are available to the student. The discussion will include, but not be necessarily limited to, the following subjects: (1) equivalency diploma; (2) adult education classes; (3) correspondence courses; and (4) available skill training program. In addition, work-study programs will be explored. When the student has been a dropout for 10 school days, an attempt will be made by the school counselor to confer with the student for a re-evaluation of his/her decision to leave school, with the option offered to return to school at this time as a student in good standing, depending upon the student’s willingness to make up missed scholastic assignments. The principal shall send a written notice that a student had dropped out of school to the parent(s)/guardian/custodian of those students who are no longer subject to the school attendance laws, i.e. those students who are 16 years of age or older. The written notice may include, but not be limited to, an encouragement that the student return to school; an explanation of the long-term ramifications to the student of dropping out of school; the availability of educational alternatives and services for at-risk students, such as GED programs, counseling services, drug or alcohol addiction treatment programs, and family preservation services. All efforts possible will be extended in an attempt to retain students in school and assist them in earning a diploma. Eagle County School District, Re50J Adopted: December 9, 1987 Assignment of New Students to Classes and Grade Levels
File: JGA
New students entering from public schools and private schools accredited by the Colorado Department of Education shall be placed in grades and classes on the basis of their grade placement/credits in the school from which they are transferring. The District administration, through academic achievement tests and/or other evaluation measures as found necessary, shall determine the appropriate grade level/credit status of students transferring from home schools or private schools that have not been accredited by the Colorado Department of Education. LEGAL REF.:
C.R.S. 22-33-104.5 (4)
CROSS REF.:
IHBG, Home Schooling
Eagle County School District, Re50J Adopted: August 22, 1984 Revised: July 1, 2011
File: JH
Student Absences and Excuses Attendance is a key factor in student achievement. Thus, any absence from school represents an educational loss to the student. It is recognized, however, that some absences are unavoidable. Therefore, this policy is designed to minimize student absenteeism while providing students with the opportunity to make up schoolwork missed due to absences that can reasonably be considered unavoidable. Student attendance is positively influenced by school and classroom climate and by a high quality of instruction that is supportive and conducive to learning. The parents and guardians of the district must be supportive of the educational program and must work in cooperation with school officials if maximum attendance is to be expected. According to state law, it is the obligation of every parent to ensure that every child under his or her care and supervision receives adequate education and training and, if of compulsory attendance age, attends school. Continuity in the learning process and social adaptation is seriously disrupted by excessive absences. In most situations, the work missed cannot be made up adequately. Students who have good attendance generally achieve higher grades, enjoy school more and are more employable after leaving school. For at least these reasons, a student must satisfy two basic requirements in order to earn full class credit: (1) satisfy all academic requirements and (2) exhibit good attendance habits as stated in this policy. School administrators shall be encouraged to schedule activities in a manner that is the least disruptive to the day-to-day academic program. Excused absences The following shall be considered excused absences: 1. A student who is temporarily ill or injured or whose absence is approved by the administrator of the school of attendance on a prearranged basis. Prearranged absences shall be approved for appointments or circumstances of a serious nature only with five school days notice, which cannot be taken care of outside of school hours. A medical emergency would be an exception to the requirement of the five-day notice.
2. A student who is absent for an extended period due to physical, mental or emotional disability. 3. A student who is pursuing a work-study program under the supervision of the school. 4. A student who is attending any school-sponsored activity or activities of an educational nature with advance approval by the administration. 5. A student who is suspended or expelled. As applicable, the district may require suitable proof regarding the above exceptions, including written statements from medical sources. If a student is in out-of-home placement (as that term is defined by C.R.S. 22-32-138(1)(e)), absences due to court appearances and participation in court-ordered activities shall be excused. The student’s assigned social worker shall verify the student’s absence was for a court appearance or court-ordered activity. Unexcused absences An unexcused absence is defined as an absence that is not covered by one of the foregoing exceptions. Each unexcused absence shall be entered on the student’s record. The parents/guardians of the student receiving an unexcused absence shall be notified orally, electronically or in writing by the district of the unexcused absence. In accordance with law, the district may impose academic appropriate penalties that relate directly to classes missed while unexcused. The school administration shall consider the correlation between course failure, truancy and a student dropping out of school in developing these regulations and shall implement researchbased strategies to re-engage students with a high number of unexcused absences. Students and parents/guardians may petition the Executive Director of Student Services for exceptions to this policy or the accompanying regulations provided that no exception shall be sustained if the student fails to abide by all requirements imposed by the district as conditions for granting any such exception. The maximum number of unexcused absences a student may incur before judicial proceedings are initiated to enforce compulsory attendance is ten days during any calendar year or school year. Make-up work Make-up work shall be provided for any class in which a student has an excused absence or has an unexcused absence resulting from suspension unless determined otherwise by the building administrator or unless the absence is due to the student’s expulsion from school. It is the responsibility of the student to pick up any make-up assignments permitted on the day he or she returns to class. There shall be one day allowed for make-up for each day of absence. The maximum number of days students will have to complete make-up work will be ten days (e.g. students who have been absent for three days will have three school days during which to make up the work missed; students who have been absent for fifteen days will have ten school days during which to make up the work missed). Makeup work shall be allowed following an unexcused absence or following a student’s suspension from school with the goal of providing the student an opportunity to keep up with the class and an incentive to attend school.
Although the school staff is obligated to facilitate the make-up process, the prime responsibility for assuring that make-up work happens in a timely and quality manner rests with the student/parent/guardian. Make-up work may be provided upon the student's return. During the time of suspension, make-up work shall be provided which shall receive up to 100% academic credit. It should also be understood that there are things that happen in a classroom that are experiential and cannot be made up. Students and parents/ guardians must accept the natural consequences of missing classes. Unless otherwise permitted by the building administrator, make-up work shall not be provided during a student’s expulsion. Rather, the district shall offer alternative education services to the expelled student in accordance with state law. The district shall determine the amount of credit the expelled student will receive for work completed during any alternative education program. Tardiness Tardiness is defined as the occasion when students are not in their assigned classrooms when a class bell rings but when the student arrives in the class during the first half of the class. If the student arrives after the first 25 minutes of the class period, the student will be counted absent. Because of the disruptive nature of tardiness and the detrimental effect upon the rights of the non-tardy student to uninterrupted learning, appropriate penalties may be imposed for excessive tardiness. Parents/guardians shall be notified of all penalties regarding tardiness. In an unavoidable situation, a student detained by another teacher or administrator shall not be considered tardy provided that the teacher or administrator gives the student a pass to enter his or her next class. Teachers shall honor passes presented in accordance with this policy. In the application of this policy, the student will be afforded all due process rights as defined in the district’s discipline policy. It shall be the responsibility of the principal to communicate the contents of this policy to students. Further, all middle school and high school students will receive a written copy or summary of this policy. The provisions of this policy shall be applicable to all students in the district, including those above and below the age for compulsory attendance as required by law. LEGAL REF.:
C.R.S. 22-2-114.1 (3)(a) (definition of "dropout" student) C.R.S. 22-32-109(1)(n)(length of school year, instruction and contact time) C.R.S. 22-32-109-1 (2)(a) (conduct and discipline code) C.R.S. 22-33-101 et seq. (School Attendance Law of 1963)
CROSS REF.:
IC/ICA - School Year/School Calendar IKE – Promotion, Retention and Acceleration of Students JEA - Compulsory Attendance Ages JI/JIA - Student Rights and Responsibilities JK - Student Discipline JKD/JKE - Student Suspension/Expulsion JJIB/JJIC - Interscholastic Sports/Standards for Participation JLIB - Student Dismissal Precautions
Eagle County School District, Re50J Adopted: August 28, 1996
File: JHB
Truancy If a student is absent without a signed parental excuse or if the student leaves school or a class without permission of the teacher or administrator in charge, the student shall be considered truant. A "habitual truant" shall be defined as a student of compulsory attendance age who has four unexcused absences from school or from class in any one month or 10 unexcused absences during any school year. Absences due to suspension or expulsion shall not be counted in the total of unexcused absences. In order to reduce the incidents of truancy, parents of all students shall be notified in writing at the beginning of each school year of their obligation to insure that all children of compulsory attendance age attend school. Parents shall be required to acknowledge in writing awareness of their obligations and to furnish the school with a telephone number or other means of contacting them during the school day. The school shall establish a system of monitoring individual unexcused absences. When a student fails to report on a regularly scheduled school day and school personnel have received no indication that his parent is aware of the absence, school personnel or volunteers under the direction of school personnel shall make a reasonable effort to notify the parent by telephone. A plan shall be developed for a student who is declared habitually truant with the goal of assisting the child to remain in school. When practicable, the child's parent, guardian, or legal custodian shall participate with district personnel during the development of the plan. Appropriate school personnel shall make all reasonable efforts to meet with the parent, guardian, or legal custodian to review and evaluate the reasons for the child's truancy. LEGAL REFS.:
C.R.S. 22-33-104 C.R.S. 22-33-107
CROSS REF.:
IHBG, Home Schooling JEA, Compulsory Attendance Ages JH, Student Absences and Excuses
Note: The Directory of Secondary Education is the designated Attendance Officer for Eagle County School District. Eagle County School District, Re50J Adopted: July 23, 1980 Revised: July 1, 2003
File: JHCA
Open/Closed Campus Students in grades K-11 will not be allowed to leave the school campus between the time of arrival and the end of the school day. The only exceptions to this policy are a shortened schedule and educational/job related activities off campus that are related to the student’s currently scheduled course work. Seniors who are graduating on schedule at the end of the current school year have earned the open campus privilege which allows them to leave campus for lunch time only. These privileges can be revised on an individual basis if it or if it affects the student’s attendance or punctual return to school.
Any exception to this expectation of attendance will be addressed through the current process of parent request for a pre-excused absence described in Administrative Policy, JH, Absences and Excuses LEGAL REF.:
C.R.S. 22-32-109 (1)(w) C.R.S. 22-32-120 (3)
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: December 10, 1997
File: JHD
Exclusions and Exemptions from School Attendance Denial of Admission The Board of Education or the superintendent may deny admission to the schools of district for cause. The grounds for denial of admission shall be those established by law. (See Exhibit JHDE). Students who were expelled from any school district during the preceding 12 months or whose behavior during the preceding 12 months in another school district was detrimental to the welfare or safety of other students or school personnel may be denied admission. The Board shall provide due process of law to students and parents/guardians through written procedures consistent with law for denial of admission to a student. The policy and procedures for denial of admission shall be the same as those for student suspension and expulsion inasmuch as the same section of the law governs these areas. Exemptions from Attendance A child may be exempt from school attendance as allowed by law. LEGAL REF.:
C.R.S. 22-33-104 through 22-33-109
CROSS REF.:
IHBA Special Education/Programs for Handicapped/Disabled/ Exceptional Students. JEA -- Compulsory Attendance Ages JEB -- Entrance Age Requirements JK-2 -- Discipline of Students with Disabilities JLC-- Student Health Services and Requirements JLCB -- Immunization of Students
Eagle County School District, Re50J Adopted: October 24, 1979 Revised: December 10, 1997
File: JHD-E
Exclusions and Exemptions from School Attendance According to the Colorado Revised Statutes 22-33-106 (2), subject to the District's responsibilities under The Exceptional Children's Education Act (see policy JK-2, Discipline of Students with Disabilities), the following shall be grounds for expulsion from or denial of admission to a public
school or diversion to an appropriate alternative program. 1.a
Physical or mental disability such that the child cannot reasonably benefit from the programs available.
1.b
Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students.
According to C.R.S. 22-33-106 (3)(a-f), the following shall constitute additional grounds for denial of admission to a public school: 2.a
Graduating from the 12th grade of any school or receipt of any document evidencing completion of the equivalent of a secondary education.
2.b
Failure to meet age requirements.
2.c
Having been expelled from any school district during the preceding 12 months.
2d.
Not being a resident of the District unless otherwise entitled to attend under C.R.S. 22, Articles 23 or 32.
2.e
Failure to comply with the provisions of Part 9, Article 4, Title 25, C.R.S. (immunization requirements). Any suspension, expulsion, or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student's immunization record with an appropriate explanation.
2.f
Behavior in another school district during the preceding 12 months that is detrimental to the welfare or safety of other pupils or of school personnel.
CROSS REF.:
JHD -- Exclusions and Exemptions from School Attendance.
Eagle County School District, Re50J Adopted: March 22, 1989
File: JIB
Student Involvement in Decision Making Students are in a unique position to make positive contributions to the improvement of the educational program and to the operation of a more effective school system. Therefore, it is the Board of Education's belief that students, in keeping with their level of maturity, should be encouraged to participate in the development of policies, regulations, and procedures which affect them. Their participation in decision making shall be considered part of the educational process. As appropriate to the age of students, class or school organizations and school government organizations such as student councils and a student board of education may be formed to offer practice in self-government and to serve as channels for the expression of student ideas and opinions. The Board shall take into consideration student opinions in establishing policies which directly affect student programs, activities, privileges, and other areas of student sensitivity. Students shall be welcomed at Board meetings and granted privileges of speaking in line with such
privileges extended to the general public. Eagle County School District, Re50J Adopted: May 24, 1989
File: JIBA
Student Government In order to encourage student participation in the various activities of school life and to provide opportunity for training in democratic processes, schools throughout the District may maintain and operate student councils. The Board sanctions and recommends the organization of student government bodies in the secondary schools. Such councils shall assist in improving the general welfare of all students and shall give students the opportunity to participate in the orderly workings of the democratic process. Members to student councils shall be elected democratically. The rights and responsibilities of the council shall be clearly set forth. An adviser for each student council shall be chosen by the principal. Such councils shall have not have the authority to make policies for the District or regulations for the schools. However, a council may make recommendations to the administration on any topic of student concern. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2000
File: JIC
Student Conduct It is the intention of the Board of Education that the District's schools help students achieve maximum development of individual knowledge, skills and competence and that they learn behavior patterns which will enable them to be responsible, contributing members of society. The Board, in accordance with state law, shall adopt a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons in authority. The code also shall emphasize that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. The code shall be enforced uniformly, fairly and consistently for all students. All Board-adopted policies and Board-approved regulations containing the letters "JIC" in the file name shall be considered constituting the conduct section of the legally-required code. The Board shall consult with parents, students, teachers, administrators and other community members in the development of the conduct and discipline code. The rules shall not infringe upon constitutionally protected rights, shall be clearly and specifically described, shall be printed in a handbook or some other publication made available to students and parents, and shall have an effective date subsequent to the dissemination of the published handbook. The Superintendent shall arrange to have the conduct and discipline code distributed once to each student in elementary, middle, and high school and once to each new student in the district. Copies shall be posted or kept on file in each school of the District. In addition, any significant change in the code shall be distributed to each student and posted in each school.
In all instances, students shall be expected to conduct themselves in keeping with their level of maturity, acting with due regard for the supervisory authority vested by the Board in all District employees, the educational purpose underlying all school activities, the widely shared use of school property, and the rights and welfare of other students. All employees of the District shall be expected to share the responsibility for supervising the behavior of students and for seeing that they abide by the established rules of conduct. Note: All Board policies with codes containing the letter "JIC" are considered part of the legally mandated code of conduct and discipline. LEGAL REFS.:
C.R.S. 22-32-109.1 (2)(a) (policy required as part of safe schools plan) C.R.S. 22-33-106 (1)(a-e)
CROSS REF.:
BDF, Advisory Committees JKD/JKE, Student Suspension/Expulsion GBGB, Staff Protection JI/JIA, Student Rights and Responsibilities/Due Process JIC subcodes (all pertain to student conduct) JID, Students of Legal Age JK, Student Discipline, and subcodes
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2003
File: JICA
Student Dress Code A safe and disciplined learning environment is essential to a quality educational program. Districtwide standards on student attire are intended to help students concentrate on schoolwork, reduce discipline problems, and improve school order and safety. Administrators recognize that students have a right to express themselves through dress and personal appearance; however, students shall not wear apparel that is deemed disruptive or potentially disruptive to the classroom environment or to the maintenance of a safe and orderly school. Any student deemed in violation of the dress code shall be required to change into appropriate clothing or make arrangements to have appropriate clothing brought to school immediately. In this case, there shall be no further consequence. Expectations for Student Dress 1.
Clothing shall be neat and clean
2. Shoes must be worn at all times 3. Acceptable clothing, paraphernalia, grooming, jewelry, hair coloring, accessories, or body adornments are those that do not: • • • •
Bare or expose traditionally private parts of the body including, but not limited to, the stomach, buttocks, back and breasts Refer to drugs, tobacco, alcohol, or weapons Are of a sexual nature By virtue of color, arrangement, trademark, or other attribute denote membership in gangs which advocate drug use, violence, or disruptive behavior
• • • •
Are obscene, profane, vulgar, lewd, or legally libelous Threaten the safety or welfare of any person Promote any activity prohibited by the student code of conduct Otherwise disrupt the teaching-learning process
Exceptions 1.
Appropriate athletic clothing may be worn in physical education classes. Clothing normally worn when participating in school-sponsored extra curricular or sports activities (such as cheerleading uniforms and the like) may be worn to school when approved by the sponsor or coach.
2. Building principals, in conjunction with the school accountability committee, may develop and adopt school-specific dress codes that are consistent with this policy. 3. The District reserves the right to restrict the activity of any student around equipment or machinery or in any other situations where the student's health or safety is directly related to the manner of dress. LEGAL REF.:
C.R.S. 22-32-109.1 (2)(a)(IX) (boards duty to adopt student dress code)
CROSS REFS.:
IMDB, Flag Displays JBB*, Sexual Harassment JIC, Student Conduct JICDA, Code of Conduct JICF, Secret Societies/Gang Activity JICH, Drug and Alcohol Use by Students JICI, Weapons in School JK, Student Discipline JKD/JKE, Suspension/Expulsion of Students JLI, Student Safety
Eagle County School District, Re50J
File: JICC-E1 (Also EEAEC-E1)
Bus Conduct Report Eagle County School District Student’s Name _______________________________School ____________ Date of Incident __________________ Driver’s Name ____________________ Route No. __________ Bus No. _________ Activity Trip No. ______________ Description of Unsafe or Unacceptable Behavior: _________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Verbal Warning(s) Given _____ Yes _____ No Date(S) Given _______________ Parents contacted _____ Date _____ Time Phone No.: ___________________ Disciplinary Action Taken __________________________________________
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ______________________________________________________ ______ DRIVER’S SIGNATURE DATE ______________________________________________________ ______ DIR. OF TRANSPORTATION’S SIGNATURE DATE ______________________________________________________ ______ PRINCIPAL’S SIGNATURE DATE Parents/guardians are requested to explain the importance of proper behavior on the bus. They are also expected to support disciplinary actions that are necessary to help the student change his/her behavior. Your child will NOT be allowed to ride the bus until this form is signed and returned to the driver. If you have any questions, contact the Transportation Dept. at 328-1939, or 949-4845. ______________________________________________________ ______ STUDENT SIGNATURE DATE ______________________________________________________ ______ PARENT/GUARDIAN SIGNATURE DATE Copy to Student, Parent, Principal, Driver, Transportation Eagle County School District, Re50J Adopted: August 22, 1979 Revised: July 1, 2011
File: JICC (Also EEAEC)
Student Conduct on Buses The privilege of riding a school bus is contingent upon a student’s good behavior and observance of the student code of conduct and established rules for student conduct both at bus stops and on board buses. The driver of a school bus shall be responsible for the safety of the students on his/her bus, both during the ride and while students are entering or leaving the vehicle. The bus driver shall notify the Director of Transportation, the School Principal, and the parents/guardians of any student who persists in violating the established rules of conduct. The driver is in charge and students should obey the driver’s instructions promptly and respectfully. Sponsors have the primary responsibility to ensure students behave properly and observe the rules of conduct on activity trips. The bus driver will take appropriate action to assist the sponsor in enforcing the rules to ensure the safe operation of the bus. After due warning has been given to the student and to parents/guardians, the student may be suspended from the bus. The student may be suspended from the bus immediately for conduct detrimental to the safe operation of the bus. Violation of district policy and regulations while on the school bus may also result in the student’s suspension or expulsion from school, in accordance with district policy.
LEGAL REF.:
C.R.S. 22-32-109.1(2)(A)(III) (discipline of habitually disruptive students is required part of safe schools plan)
CROSS REFS.: Administration policies:
Board policies:
JIC, Student Conduct and sub-codes JK Student Discipline and sub-codes EEAEC, Student Conduct on Buses EL-3, Treatment of Students, Parents and Community EL-17, Student Conduct and Discipline
Eagle County School District, Re50J
File: JICC-E2 (Also EEAEC-E2)
Driver’s Student Discipline Record STUDENT’S NAME ____________________________________________________________ DRIVER’S NAME_________________________________________ BUS #_______________ ROUTE#_____________ TIME___________ NAME(S) OF INDIVIDUAL(S) INVOLVED: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATE OF VERBAL WARNING__________________________________________________ DATE ASSIGN SEAT & CONTACT PARENT_______________________________________ DATE SUSPENDED FROM BUS_________________________________________________
Eagle County School District, Re50J Adopted: August 28, 1996 Revised: July 1, 2003
File: JICDA
Code of Conduct The principal may suspend or recommend expulsion of a student who engages in one or more of the following specific activities while in school buildings, on school grounds, in school vehicles, or during a school-sponsored activity and in certain cases when the behavior occurs off of school property. Suspension or expulsion shall be mandatory for serious violations in a school building or on school property. 1.
Causing or attempting to cause damage to school property or stealing or attempting to steal school property of value.
2.
Causing or attempting to cause damage to private property or stealing or attempting to steal private property.
3.
Commission of any act which if committed by an adult would be robbery or assault as defined by state law. Expulsion shall be mandatory in accordance with state law except for commission of third degree assault.
4.
Violation of criminal law which has an immediate effect on the school or on the general safety or welfare of students or staff.
5.
Violation of district policy or building regulations.
6.
Violation of the district's policy on dangerous weapons in the schools. Expulsion shall be mandatory for carrying, bringing, using, or possessing a dangerous weapon without the authorization of the school or school district, in accordance with state law.
7.
Violation of the district's alcohol use/drug abuse policy. Expulsion shall be mandatory for sale of drugs or controlled substances, in accordance with state law.
8.
Violation of the district's smoking and use of tobacco policy.
9.
Violation of the district's policy on sexual harassment.
10.
Throwing objects unless part of a supervised school activity that can cause bodily injury or damage property.
11.
Directing profanity, vulgar language, or obscene gestures toward other students, school personnel, or visitors to the school.
12.
Engaging in verbal abuse, i.e., name calling, ethnic or racial slurs, or derogatory statements addressed publicly to others that precipitate disruptions of the school program or incite violence.
13.
Committing extortion, coercion or blackmail, i.e., obtaining money or other objects of value from an unwilling person or forcing an individual to act through the use of force or threat of force.
14.
Lying or giving false information, either verbally or in writing, to a school employee.
15.
Scholastic dishonesty which includes but is not limited to cheating on a test, plagiarism, or unauthorized collaboration with another person in preparing written work.
16.
Continued willful disobedience or open and persistent defiance of proper authority including deliberate refusal to obey a member of the school staff.
17.
Behavior on or off school property which is detrimental to the welfare, safety, or morals of other students or school personnel.
18.
Repeated interference with the school's ability to provide educational opportunities to other students.
19.
Engaging in "hazing" activities, i.e., forcing prolonged physical activity, forcing excessive consumption of any substance, forcing prolonged deprivation of sleep, food, or drink, or any other behavior which recklessly endangers the health or safety of an individual for purposes of initiation into any student group.
20.
Violation of the District's dress code policy.
21.
Violation of the District's policy of student expression.
22.
Making a false accusation of criminal activity against a District employee to law enforcement or to the District.
Each principal shall post a copy of these rules in a prominent place in each school and shall distribute a copy to each student. Copies also shall be available to any patron of the district upon request. LEGAL REFS.:
C.R.S. 12-22-303(7) (definition of controlled substance) C.R.S. 18-3-202 et seq. (offenses against person) C.R.S. 18-4-301 et seq. (offenses against property) C.R.S. 18-9-124 (2)(a) (prohibition of hazing) C.R.S. 22-12-102 (3) (authority to suspend or expel for false accusations) C.R.S. 22-32-109.1 (2)(a)(I) (duty to adopt polices on student, conduct, safety and welfare) C.R.S. 22-32-109.1 (2)(a)(II) (policy required as part of safe schools plan) C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law) C.R.S. 22-33-106(1)(a-e) (grounds for suspension, expulsion, denial of admission)
CROSS REFS:
ADC, Tobacco-Free Schools ADD, Safe Schools ECAC, Vandalism GBGB, Staff Personal Security and Safety JBB*, Sexual Harassment JIC, Student Conduct JICA, Student Dress Code JICC, Student Conduct on Buses JICED*, Student Expression Rights JICF, Gang Activity JICH, Drug and Alcohol Use by Students JICI, Weapson in School JK, Student Discipline, and subcodes
JKD/JKE, Suspension/Expulsion of Students Eagle County School District, Re50J Adopted: July 1, 2000 Revised: July 1, 2001
File: JICDD*
Violent and Aggressive Behavior The Administration recognizes there are certain behaviors that, if tolerated, would quickly destroy the type of learning environment to which the students and staff of the district are entitled. These behaviors, categorized as violent or aggressive, will not be tolerated and shall result in immediate action being taken by the District. Students exhibiting violent or aggressive behavior or warning signs of future violent or aggressive behavior shall receive appropriate intervention to change behavior before a crisis occurs and shall be subject to disciplinary action when appropriate. Students shall be taught to recognize the warning signs of violent and aggressive behavior and shall report questionable behavior or potentially violent situations to appropriate school officials. All reports shall be taken seriously. Acts of violence and aggression shall be well documented and communicated by the staff to the building principal and the superintendent. The immediate involvement of the parents/guardians is also essential. Law enforcement officials shall be involved if there is any violation of law. An act of violence and aggression is any expression, direct or indirect, verbal or behavioral, of intent to inflict harm, injury or damage to persons or property. A threat of violence and aggression carries with it implied notions of risk of violence and a probability of harm or injury. The following behaviors are defined as violent and aggressive: 1.
Possession, threat with or use of a weapon — as described in the district’s weapons policy.
2.
Physical assault — the act of striking or touching a person or that person’s property with a part of the body or with any object with the intent of causing hurt or harm.
3.
Verbal abuse — includes, but is not limited to, swearing, screaming, obscene gestures or threats directed, either orally (including by telephone) or in writing, at an individual, his or her family or a group.
4.
Intimidation — an act intended to frighten or coerce someone into submission or obedience.
5.
Extortion — the use of verbal or physical coercion in order to obtain financial or material gain from others.
3.
Bullying — any written or verbal expression physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school environment as further described in the district's Bully Prevention and Education policy.
7.
Gang Activity — as described in the district’s secret societies/gang activity policy.
8.
Sexual Harassment — as described in the district’s sexual harassment policy.
9.
Stalking — the persistent following, contacting, watching or any other such threatening actions that compromise the peace of mind or the personal safety of an individual.
10.
Defiance — a serious act or instance of defying or opposing legitimate authority.
11.
Discriminatory Slurs — insulting, disparaging or derogatory comments made directly or by innuendo regarding a person’s race, sex, sexual orientation, religion, national or ethnic background or handicap.
12.
Vandalism — damaging or defacing property owned by or in the rightful possession of another.
13.
Terrorism — a threat to commit violence communicated with the intent to terrorize or with reckless disregard for the risk of creating such terror or to cause serious public inconvenience, such as the evacuation of a building.
LEGAL REFS.:
C.R.S. 22-32-109.1 (2)(a)(X) (definition of bullying)
CROSS REFS.:
JBB*, Sexual Harassment JICDA, Code of Conduct JICDE*, Bullying Prevention and Education JICF, Secret Societies/Gang Activity JICI, Weapons in School
Eagle County School District, Re50J Adopted: July 1, 2001
File: JICDE*
Bullying Prevention and Education The Board of Education supports a secure school climate, conducive to teaching and learning that is free from threat, harassment and any type of bullying behavior. The purpose of this policy is to promote consistency of approach and to help create a climate in which all types of bullying are regarded as unacceptable. Bullying is defined as any written or verbal expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school environment. For purposes of this policy, the school environment includes school buildings, grounds, vehicles, bus stops and all school-sponsored activities and events. A student who engages in any act of bullying is subject to appropriate disciplinary action including suspension, expulsion and/or referral to law enforcement authorities. The severity and pattern, if any, of the bullying behavior shall be taken into consideration when disciplinary decisions are made. The Superintendent shall develop a comprehensive program to address bullying at all school levels. The program shall be aimed toward accomplishing the following goals: •
To send a clear message to students, staff, parents and community members that bullying will not be tolerated.
•
To train staff and students in taking pro-active steps to prevent bullying from occurring.
•
To implement procedures for immediate intervention, investigation, and confrontation of students engaged in bullying behavior.
•
To initiate efforts to change the behavior of students engaged in bullying behaviors through reeducation on acceptable behavior, discussions, counseling, and appropriate negative consequences.
•
To foster a productive partnership with parents and community members in order to help maintain a bully-free environment.
•
To support victims of bullying by means of individual and peer counseling.
•
To help develop peer support networks, social skills and confidence for all students.
•
To recognize and praise positive, supportive behaviors of students toward one another on a regular basis.
LEGAL REFS.:
C.R.S. 22-32-109.1 (2)(a)(X) (policy required as part of safe schools plan)
CROSS REFS.:
JICDA, Code of Conduct JICDD*, Violent and Aggressive Behavior JK, Student Discipline
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2000
File: JICEA
Student Publication School-sponsored publications are an educational activity through which students can gain experience in reporting, writing, editing, and an understanding of responsible journalism. The District encourages students to freely express their views in school-sponsored publications, but they must observe rules for responsible journalism. This means expression which is false or obscene, libelous, slanderous or defamatory under state law; presents a clear and present danger of the commission of unlawful acts, violation of school rules or material and substantial disruption of the orderly operation of the school; violate the privacy rights of other; or threatens violence to property or persons shall not be permitted. The sponsors of student publications have a responsibility to review the contents before publication and to assist students in improving their skills and modes of expression and to recognize material that is in poor taste, misleading, false, ill-advised, prejudiced, and even libelous. Any staff member who exercises editorial control over the style and content of student speech must be able to articulate an educational reason for doing so that is consistent with this policy. LEGAL REF.:
C.R.S. 22-1-120 C.R.S. 22-1-122 (5)(e) (state law does not prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis or evaluation wihtout obtaining written parental consent as long as participation is not prohibited by federal law) C.R.S. 22-32-110 (1)(r) (power to exclude materials that are immoral or pernicious)
CROSS REFS.:
JICED*, Student Expression Rights JLDAC, Screening/Testing of Students
Eagle County School District, Re50J Adopted: July 1, 2000
File: JICEA-R
School-Related Student Publications (School Publications Code) 1.
Purpose As stated in administrative policy, school-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing and understanding responsible journalism. Content of school publications should reflect all areas of student interest, including topics about which there may be dissent or controversy.
2.
Responsibilities of student journalists In addition to the responsibilities set forth in the accompanying administrative policy, students who work on official student publications will: a. Rewrite material, as required by the faculty advisers to improve sentence structure, grammar, spelling and punctuation. b. Check and verify all facts and verify the accuracy of all quotations. c.
In the case of editorials or letters to the editor concerning controversial issues, provide space for rebuttal comments and opinions.
If the District determines that advertising is allowed in the publication, the student editor will determine the content of any advertisements. 3.
Responsibilities of publication advisors In addition to the responsibilities set forth in the accompanying Board policy, the publication advisor will exercise general supervision over all activities to create a proper learning environment.
4.
Prohibited materials a. Students may not publish or distribute material that is obscene. “Obscene” means: (1)
The average person applying contemporary community standards finds that the publication, taken as a whole, appeals to a minor’s prurient interest in sex.
(2)
The publication depicts or describes in a patently offensive way sexual conduct such as ultimate sexual acts (normal or perverted), masturbation, excretory functions, or lewd exhibition of genitals.
(3)
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
b. Students may not publish expression that is libelous, slanderous or defamatory under state law. “Libelous” is defined as a false and unprivileged statement about a person that injures the individual’s reputation in the community. c. Expression that is false as to any person who is not a public figure or involved in a matter of public concern is prohibited. If the allegedly libeled individual is a “public figure or official,” the official must show that the false statement was published with actual malice, as the terms are defined in law.
Under the “fair comment rule,” a student is free to express an opinion on matters of public interest. Specifically, a student enjoys a privilege to criticize the performance of teachers, administrators, school officials and other school employees. d. Expression which presents a clear and present danger of the commission of unlawful acts, violation of lawful school regulations, or material and substantial disruption of the orderly operation of the school, violates the rights of others to privacy, or threatens violence to property or persons is prohibited. In order for a student publication to be considered disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial material disruption to normal school activity would occur if the material were distributed. Undifferentiated fear or apprehension of disturbance is not enough; school administrators must be able to show affirmatively substantial facts that reasonably support a forecast of likely disruption. Material that stimulates heated discussion or debate does not constitute the type of disruption that is prohibited. 5.
Time, place and manner restrictions The principal will coordinate with the publications advisor on the time, place and manner of distributing school-sponsored publications to reduce any conflict with school instructional time and/or reduce any disruption of the orderly operation of the school which might be caused by the distribution of school-sponsored publications.
6.
Procedures for resolving differences Student editors will work first with the publications advisor to resolve any differences. If the problem cannot be resolved at this level, the student editors and/or the publications advisor may work with the principal to resolve any problems. If the problem is not resolved at the principal level, the student editors and/or the publications advisor may work with the superintendent to resolve any problem. If the problem is not resolved at the superintendency level, the student editors and/or publications advisor may work with the Board of Education. If the problem is not resolved at the Board level, the student editors and/or publications advisor may seek relief through the judicial system.
7.
Legal advice a. If in the opinion of the student editor, student editorial staff or faculty advisor, material proposed for publication may be “obscene,” “libelous,” or “cause a substantial disruption of school activities,” the legal opinion of the District’s attorney should be sought if authorized by the principal. b. Legal fees charged in connection with this consultation will be paid by the Board. c.
The final decision of whether the material is to be published will be left to the student editor.
Eagle County School District, Re50J Adopted: July 1, 2000
File: JICEC*
Student Distribution of Noncurricular Materials To understand Constitutional values such as the right to free speech, students must not only study such principles but also have an opportunity to put them into practice. However, there are limitations on the right of student free speech in the school setting that have been upheld by the courts because of the unique nature of the school community.
It is the goal of this policy to strike a necessary balance between a student’s right of free speech and the school’s responsibility to maintain an orderly and safe school environment which respects the rights of all students on school grounds and during school-sponsored activities. Students shall be allowed to distribute noncurricular written materials on school property subject to restrictions on time, place and manner of distribution set out in the accompanying regulations and the prohibitions set out below and in state law. Any material in any media containing expression which is obscene, libelous, slanderous or defamatory shall be prohibited. Students shall not distribute any material which advocates commission of unlawful acts or violation of Board or district policy and/or regulations, violates another person’s right to privacy, causes a material and substantial disruption of the orderly operation of the school, or threatens violence to property or persons. Students who distribute materials in violation of this policy and/or materials that cause a material and substantial disruption, damage to a person or property, or threaten violence to property or persons in the judgment of school officials, shall be subject to appropriate disciplinary action. School equipment and supplies shall not be used for publication of such material unless authorized as a school-sponsored activity. This policy and the accompanying regulations shall be made available to all students and teachers at the beginning of each school year and included in all student handbooks. LEGAL REFS.:
C.R.S. 22-1-120 (rights of free expression for public school students) C.R.S. 22-32-110 (1)(r) (power to exclude materials that are immoral or pernicious)
CROSS REFS.:
JICEA, School-Related Student Publications JICED*, Student Expression Rights JK, Student Discipline, and subcodes KHC, Distribution/Posting of Promotional Materials
Eagle County School District, Re50J Adopted: July 1, 2000
File: JICED*
Student Expression Rights While students do not shed their constitutional rights when they enter the school or engage in school-related activities, it is the District's responsibility to adopt rules reasonably necessary to maintain proper discipline among students and create an effective learning environment. For purposes of this policy, student expression includes expression in any media, including but not limited to written, oral, visual, audio, and electronic media in all classroom and other school-related activities, assignments, and projects. Students shall not turn in, present, publish or distribute expression that is disruptive to the classroom environment or to the maintenance of a safe and orderly school, as follows: •
Obscene
•
Libelous, slanderous, defamatory, or otherwise unlawful under state law
•
Profane or vulgar
•
False as to any person who is not a public figure or involved in a matter of public concern
•
Creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school
•
Violates the rights of others to privacy
•
Threatens violence to property or persons
•
Attacks any person because of race, color, sex, age, religion, national background, disability or handicap
•
Tends to create hostility or otherwise disrupt the orderly operation of the educational process
•
Advocates illegal acts of any kind, including the use of illegal drugs, tobacco or alcohol
Violation of this policy shall result in disciplinary action against the student consistent with district student discipline policies. LEGAL REFS.:
C.R.S. 22-1-120 (rights of free expression for public school students) C.R.S. 22-32-110 (1)(r) (power to exclude materials that are immoral or pernicious)
CROSS REFS.:
JICDA, Code of Conduct JICDD*, Violent and Aggressive Behavior JICEC*, Student Distribution of Noncurricular Materials JK, Student Discipline
Eagle County School District, Re50J Adopted: October 14, 1992 Revised: July 1, 2000
File: JICF
Secret Societies/Gang Activity The goal of the Board of Education is to protect our students from intimidation, threats, or harmful influences of negative gangs in District schools. For purposes of this policy, "negative gang" is defined as: any group, secret society, organization or association that advocates drug use, violence, ethnic intimidation, dangerous, disruptive, disrespectful, or illegal behavior. The principal or his/her designee shall maintain supervision of school premises to deter intimidation of students and confrontations between members of different gangs. The Superintendent shall establish open lines of communication with local law enforcement agencies so as to share information and provide mutual support in this effort within appropriate legal guidelines. The Superintendent shall provide in-service training to help staff members identify negative gangs and gang symbols, recognize early manifestations of disruptive activities, and respond appropriately. Staff members shall be informed about conflict management techniques and alerted to intervention
measures and community resources which may help students. This policy shall be applied by the principal or his/her designee as the need for it arises at individual school sites. The Superintendent or Assistant Superintendent will be informed immediately each time it is implemented. Gang Symbols The Board finds that gang symbols can jeopardize the wearer's safety and the safety of other students and staff. These symbols are inherently disruptive to the educational process, and therefore disallowed under Dress Code Policy JICA. Prohibited gang symbols include, but are not limited to: insignia, apparel, jewelry, accessory, notebook or other school supply, or manner of grooming which by virtue of its color, arrangement, trademark or any other attribute denotes membership in negative gangs. A student appearing in school with the above symbols and demonstrating negative gang behavior will be informed of this policy. The student's parents/guardians will be notified. After compliance with the policy, the student will be scheduled for a follow-up counseling session. This will consist of either an in-school, community-based or private counseling session. A student failing to comply may be suspended or expelled. The student and his/her parents/guardians must attend a readmittance conference with the school administrators prior to returning to school. The Board further prohibits any physical demonstration of negative gang membership such as through the use of hand gestures, graffiti, printed materials, etc. LEGAL REF.:
C.R.S. 22-1-120 (8) C.R.S. 22-32-109.1 (2)(a)(VI) (policy required as part of safe schools plan)
CROSS REF.:
JIC, Student Conduct JICA, Student Dress Code
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: February 13, 1991
File: JICG Page 482 of 610
Use of Tobacco by Students Smoking and the possession of tobacco products by students while in or on school properties is prohibited. Certificated personnel should carry on intensive programs of education designed to fully inform students about the hazards of smoking. LEGAL REFS.:
C.R.S. 18-13-121
CROSS REF.:
IHAMA -- Teaching About Drugs, Alcohol & Tobacco JKD/JKE -- Student Suspension/Expulsion
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2000
File: JICH
Drug and Alcohol Use by Students The Eagle County School District is committed to assisting administrators, teachers, parents, and students in their efforts to help students make appropriate decisions regarding drugs and alcohol. The District recognizes that the use and/or abuse of drugs/alcohol may lead to chemical dependency. BELIEF STATEMENTS: We believe that... ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... ...
The school and community are dealing with a health issue as it regards its young people. There are legal, educational, social, and moral consequences, but these are secondary complications. The District should offer a K-12 articulated health and general education program that includes a scope and sequence of educational activities which includes activities designed to help students become good decision makers. improper use of drugs and alcohol is not only a school problem, but is symptomatic of other larger problems. there should be a coordinated effort to solve the drug/alcohol problem, and that effort should involve the community, churches, families and schools. because our young people are going through critical stages of their emotional and physical growth, they are very vulnerable to the negative side effects of drugs and alcohol. Developmental stages that are missed due to drug and/or alcohol use are not easily reconstructed. drug and alcohol related problems are treatable/manageable. there is no single answer or solution to the drug and alcohol problem, but rather we should use a variety of approaches and techniques. the prevention of drug and alcohol abuse is more effective that intervention and treatment. the use of drugs and/or alcohol will never be accepted in school or at school-related events. students are influenced greatly by their peers, and this influence can be either positive or negative. adults act as influential role models to students. school should be concerned with the drug and alcohol education of parents. the school climate and the home climate affect the probability that students will or will not misuse drugs and/or alcohol. teaching students to be responsible decision makers is the key to helping them avoid drug and/or alcohol abuse. chemical dependency should be viewed as an illness. drug/alcohol resistance is enhanced when there is an open communication of feelings and thoughts between a student and the significant people in his/her life. utilization and abuse of drugs and alcohol by students on school premises or at school events interferes with the administration of an environment conducive to education.
EDUCATION/PREVENTION: The District recognizes the importance of early intervention. Therefore, efforts will be made to contact students manifesting signs of use or abuse. The cause of involvement with alcohol and/or drugs is not adequately understood by either adolescents or adults. There is evidence of a cultural, genetic, and psychological vulnerability, but that is as much as is understood at this time. Adolescents appear to create a substantial vulnerability to becoming harmfully involved once there is regular use of chemicals. Efforts should be directed at decreasing acceptance of use.
Education and the encouragement of student participation in activities that promote health continue to be the primary tools of prevention. Young people themselves, and their parents, bear the primary responsibility toward developing an attitude opposed to the use of chemicals during their developing years. It is toward these two groups that the major educational efforts are directed. The District staff and the drug/alcohol program should be available to all students, as students who do not use drugs/alcohol may need assistance in supporting/continuing their decision not to use drugs/alcohol. Organizations outside of the School District should be encouraged to provide as many healthy student activities as possible. These activities are especially helpful if they are partly planned by students, if they provide something for students to do on weekends, and if they are done with enough variety to continue to attract a wide range of the student population. REGULATIONS: 1.
The District shall develop, implement, and maintain an articulated health curriculum that includes activities necessary for a comprehensive drug/alcohol education program.
2.
Emphasis of the educational program will be placed on the development of the basic skills necessary to help students become good decision makers. To accomplish this, students must learn how to deal with their feelings, how to establish and maintain positive relationships, and how to make decisions based upon a clear value system.
3.
Each school will develop a library of materials that has the potential of helping parents and teachers become knowledgeable about drub and alcohol education and issues. The school staff should encourage the use of these materials in the regular/educational program by assigning themes, etc., on the topic and by counseling parents to take advantage of the library.
4.
Members of each school staff will be encouraged to become resources to students to students and/or parents in the area of drug/alcohol education.
5.
The District and each school will develop and maintain an up-to-date list of community resources that can be used for the prevention of drug/alcohol abuse or when intervention is necessary.
6.
The School District will cooperate with outside agencies in their attempt to promote positive alternative activities to those activities that are commonly associated with drug/alcohol abuse for the students of the Eagle County School District.
INTERVENTION: The Eagle County School District expressly prohibits the utilization and/or possession of drugs and/or alcohol, it may become necessary for school officials to make appropriate intervention. It should be the goal of the staff to identify student drug and alcohol-related problems at the earliest possible time so that a proactive problem-solving approach can be taken. All decisions should focus on what is best for the long-term development of the student, on adherence to Colorado law, and on the need of the School District to maintain an orderly program for all students. Confidentiality and the need for parental support and assistance may, at times, seem to be paradoxical, but both are necessary in a successful intervention program. Creative and individualized approaches to problem-solving will frequently be required.
Any intervention regulations must allow the school principal the discretionary authority to make decisions that are necessary to manage a safe, healthy, and productive school environment. The District staff should be knowledgeable about related laws and due process rights so that interventions are legal, moral, and provide the opportunity for student success. Suspension from school of the student for drug or alcohol-related rule infractions should be considered only after other alternatives have been explored or considered. Providing options to student offenders is encouraged. The School District is in an excellent position to provide counseling, but is not equipped or staffed to provide treatment. REGULATIONS: 1.
It is very important that young people be confronted as soon as possible if there is suspected use of drugs and/or alcohol. This initial contact need not be one in which the student is accused of a law or policy infraction, but may take the form of the school official showing a sincere concerning for the well-being of the student. The teacher or other staff member making the intervention with the suspect drug/alcohol abuser should do what (s)he can to see that the student makes contact with the school counselor.
2.
When an offense on the part of a student warrants suspension, in-school suspension and counseling are preferable to out-of-school suspension and should be considered in most cases.
3.
The three most common offenses on the part of a student are intoxication with drugs or alcohol, possession of drugs or alcohol on school property, or dealing (selling) drugs or alcohol to others on school property. The following guidelines are established to assist the principal (or his/her designee) in dealing with these offenses. The principal is always allowed the latitude of his/her judgment in disposing of these cases, and extenuating circumstances such as the number of offenses may be considered. a.
Intoxication: If, in the opinion of school officials, there is cause to believe that a student is under the influence of drugs or alcohol at school during school hours or at a school-sponsored event, the student shall be confronted by a school official, removed from the setting, and told that the parents/guardians will be informed. A school official will attempt to contact the parents/guardians who will be asked to take the student home. The parents/guardians may be advised that it would be helpful if the student was to receive a complete physical examination to determine if a problem exists and if so, the extent of the problem. Both the student and the parents/guardians will be informed that the administration of a medical examination by a doctor or mechanical analysis of the student's breath is a possibility in situations where the safety of the students is in questions. Options available to the principal include of-of-school suspension, in-school suspension, and/or counseling. The principal, at his/her discretion, may contact law enforcement officials.
b.
Possession: If a student is found to be in possession of drugs or alcohol on school property or at a school-sponsored event, the parents/guardians should be notified as soon as possible and efforts made to schedule a parent-school conference. Law enforcement officials may be notified of the offense as soon as possible, and potential evidence turned over to them. The school principal has the discretion to react to this offense in what (s)he deems to be an appropriate manner, including out-of-school suspension, in-school suspension, and/or counseling.
c.
Dealing: In all cases where a student is found to be selling drugs or alcohol to others, law enforcement officials will be notified. Parents/guardians of the student will be notified as soon as possible, and the student will be suspended from school pursuant to the provisions of Colorado law and Board policy, which may lead to expulsion of the student from school.
4.
Possession or use of drugs or intoxicants on an activity trip may result in the student being removed from the group and placed in the hands of the nearest law enforcement agency, at which time it will become the responsibility of the parent or guardian to arrange for transportation to return the student home. The supervisor of the trip shall have the discretion to bring the student back to the parent or to take the student to a law enforcement agency.
5.
When parents/guardians are contacted and informed that their child is using alcohol or illegal drugs or is suspected of using alcohol or illegal drugs, the school official making that contact should also inform the parents/guardians of appropriate and inappropriate approaches for the parents/guardians to confront and solve the problem at the family level. This counseling is intended to make sure that any problems that may already exist between the child and the parents/guardians are not increased.
6.
School officials will attempt to establish and maintain a positive relationship with local law enforcement officials. When school district officials interact with law enforcement agencies involving the suspected offense of a student, the well being of the student should be considered as a high priority.
7.
In some situations, the use of contracts between the student, the school, and the parents/guardians may be used very successfully. A contract may be drawn which will stipulate the conditions under which the student may attend school. This contract, which will be written and signed by the principal, the student, and the parent(s) and/or guardian(s), may include requirements for in-school suspension, standards for behavior in school, suggestions for out-of-school family counseling, etc.
8.
In cases where reasonable cause exists to suspect that a violation has occurred, school officials may conduct searches of a school locker, a student's person, or a vehicle in the following manner:
9.
a.
School locker searches may be initiated by a principal (or his/her designee). Discretion should be used so as to not call undue attention to the student; searches should be done in as unobtrusive manner as possible and should be conducted in the presence of the student whenever possible.
b.
Searches of the student's vehicle, pockets, backpacks, and/or carryalls may be conducted in the following manner: If reasonable cause exists, the student will be asked to allow the school authorities to search his/her person, bag, or vehicle parked on school property. If the student refuses to consent to a search of his/her person, bag, or vehicle, the school official should not conduct a forced search, but shall consider asking law enforcement officials for assistance. Strip searches are expressly forbidden.
If in the opinion of school officials, there is cause to believe that a student is under the influence of drugs or alcohol, the school officials may ask the student to leave any schoolsponsored event even though the student may not be under the influence but is behaving in an inappropriate manner.
10.
The Eagle County School District encourages the school and community to provide as many alternatives to students as possible. Among the treatment alternatives that may be suggested are peer counseling, family counseling, and a specific drug education class that may be organized using the resources of the community.
LEGAL REFS.:
20 U.S.C. § 3221 (defines drug abuse education and prevention) 20 U.S.C. § 7116 (Safe and Drug-Free Schools and Communities Act of 1994) C.R.S. 18-18-102 (3), (5) C.R.S. 18-18-407 (2) C.R.S. 22-1-110 C.R.S. 22-32-109.1 (20)(a)(VII) (policy required as part of safe schools plan) C.R.S. 22-33-106(1)(d)
CROSS REFS.:
GBEC, Drug Free Workplace IHAMA, Teaching about Drugs, Alcohol and Tobacco JI/JIA, Student Rights and Responsibilities/Due Process JIH, Student Interrogations, Searches, and Arrests JKD/JKE, Suspension/Expulsion of Students JLCD, Administering Medicines to Students KFA, Public Conduct on School Property
Eagle County School District, Re50J Adopted: March1, 2013 Revised: March 1, 2013
File: JICI-E
Gun-Free Schools Act (Definition of “Firearm”) Section 921 of Title 18, U.S.C. defines “firearm” as: a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; b) the frame or receiver of any weapon described above; c) any firearm muffler or firearm silencer; or d) any destructive device. Section 921 of Title 18, U.S.C. defines “destructive device” as: a) any explosive, incendiary, or poison gas: 1) 2) 3) 4) 5) 6)
bomb; grenade; rocket having a propellant charge of more than four ounces; missile having an explosive or incendiary charge of more than one-quarter ounce; mine; or device similar to the devices described in paragraphs 1-5 of this sub-paragraph a.
b) any type of weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
c) any combination or parts either designed or intended for use in converting any device into any destructive device described in sub-paragraphs a and b and from which a destructive device may be readily assembled. Eagle County School District, Re50J Adopted: May 24, 1989 Revised: March 1, 2013
File: JICI
Weapons in School The Board of Education determines that possession and/or use of a weapon by students is detrimental to the welfare and safety of the students and school personnel within the district. Dangerous weapons Carrying, bringing, using or possessing a dangerous weapon on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event, and off school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event without the authorization of the school or the school district is prohibited. An exception to this policy may be made for students participating in an authorized extracurricular activity or team involving the use of firearms. As used in this policy, “dangerous weapon� means: a. A firearm, whether loaded or unloaded. b. Any pellet, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air. c.
A fixed blade knife with a blade that measures longer than three inches in length or a spring loaded knife or a pocket knife with a blade longer than three and one-half inches.
d. Any object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury including, but not limited to slingshot, bludgeon, brass knuckles or artificial knuckles of any kind. The principal may initiate expulsion proceedings for students who carry, bring, use or possess a dangerous weapon in violation of this policy. In accordance with federal law, expulsion shall be mandatory for no less than one full calendar year for a student who is determined to have brought a firearm to or possessed a firearm at school in violation of this policy. The superintendent may modify the length of this federal requirement for expulsion on a case-by-case basis. Such modification shall be in writing. Firearm facsimiles Carrying, using, actively displaying or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event, and off school property when such conduct has a reasonable connection to school or any district curricular or non-curricular event without the authorization of the school or school district is prohibited. Students who violate this policy provision may be subject to disciplinary action including but not limited to suspension and/or expulsion.
A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school-related or non-school related activity. A student’s failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion. The principal’s decision to deny or permit a student to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property shall be final. School administrators shall consider violations of this policy provision on a case-by-case basis to determine whether suspension, expulsion or any other disciplinary action is appropriate based upon the individual facts and circumstances involved. Recordkeeping The district shall maintain records which describe the circumstances involving expulsions of students who bring weapons to school including the name of the school, the number of students expelled and the types of weapons involved as required by law. Referral to law enforcement In accordance with applicable law, school personnel shall refer any student who brings a firearm or weapon to school without authorization of the school or the school district to law enforcement. LEGAL REFS.:
18 U.S.C. §921 (a)(3) (federal definition of “firearm”) 20 U.S.C. §7151 (Gun-Free Schools Act) 20 U.S.C. §7151 (h) (requiring schools to have policies requiring referral to law enforcement) C.R.S. 18-1-901 (3)(h) (state law definition of “firearm”) C.R.S. 22-32-109.1 (2)(a)(I)(G) (policy required as part of safe schools plan) C.R.S. 22-33-102 (4) (definition of dangerous weapon) C.R.S. 22-33-106 (1) (grounds for suspension, expulsion, denial of admission) C.R.S. 22-33-106 (1)(f) (must adopt policy regarding firearm facsimiles)
CROSS REFS.:
JK*-2, Discipline of Students with Disabilities JKD/JKE, Suspension/Expulsion of Students KFA, Public Conduct on School Property
Eagle County School District, Re50J Adopted: October 24, 1979 Revised: July 1, 2000
File: JID
Students of Legal Age Any policies of this Board of Education and administration which require notification to parents/guardians may not apply in cases where the student is 18 years of age or older. All such notices may be directed to the student him(her)self. Parents/guardians of students eighteen years or older who are dependent students for income tax purposes are entitled, along with the student, to access student educational records. Proof of dependent status shall be required. Written permission shall be required from students eighteen years or older who are not dependent students for income tax purposes before parents/guardians are given access to student educational
records. LEGAL REF.:
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act) C.R.S. 13-22-101
CROSS REF.:
JIC -- Student Conduct and subcodes JK -- Student Discipline and subcodes JLCB -- Immunization of Students JLDAC-- Screening/Testing of Students JLIB -- Student Dismissal Precautions JRA/JRC -- Student Records/Release of Information on Students
Eagle County School District, Re50J Adopted: May 24, 1989
File: JIE/JIG
Pregnant/Married Students Marital, maternal, or paternal status shall not affect the rights and privileges of students to receive a public education nor to take part in any extracurricular activity offered by the school. Pregnant students shall be permitted to continue in school in all instances when continued attendance has the sanction of the expectant mother’s physician. The physician’s approval of this continued attendance must be on file at the school. The school administration is authorized to make special arrangements for the instruction of pregnant students and to provide an educational program designed to meet their special needs. Eagle County School District, Re50J Adopted: August 22, 1979 Revised: March 1, 2013
File: JIH
Student Interrogations, Searches and Arrests The Board of Education seeks to maintain a climate in the schools which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff. Interviews by school administrators When a violation of Board policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student’s parent/guardian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student’s family, no contact with the student’s family will be made. Interrogations by school administrators In situations where a student is suspected of violating Board policies or school rules, the principal or designee may interrogate the suspected student if the school official has reasonable grounds to suspect that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will have the opportunity to present his or her side of the story, orally or in writing.
Searches conducted by school personnel School personnel may search a student and/or the student’s personal property while on school premises or during a school activity in accordance with this policy and may seize any illegal, unauthorized or contraband materials. Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action. An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results and the names of any witnesses to the search. Search of school property School lockers, desks and other storage areas are school property and remain at all times under the control of the school. All such lockers, desks and other storage areas, as well as their contents, are subject to inspection at any time, with or without notice. Students shall assume full responsibility for the security of their lockers and/or other storage areas in the manner approved by the administration. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school, as well as for any loss or damage relating to the contents of such desks and lockers. Search of the student's person or personal effects The principal or designee may search the person of a student or a student’s personal effects such as a purse, backpack, book bag, or briefcase on school property or at school-sponsored events or activities if the school official has reasonable grounds to suspect that the search will uncover: a. Evidence of a violation of Board and/or district policies, school rules, or federal, state, or local laws. b. Anything which, because of its presence, presents an immediate danger of physical harm or illness to any person. Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse, backpack, book bag, or briefcase, and a "pat down" of the exterior of the student's clothing. The extent of the search of a student’s person or personal effects, as well as the means to conduct the search, must be reasonably related to the objectives of the search and the nature of the suspected violation. Additionally, school officials conducting the search shall be respectful of privacy considerations, in light of the sex and age of the student. Searches of the person shall be conducted out of the presence of other students and as privately as possible by a person of the same sex as the student being searched. At least one person of the same sex as the student being searched shall witness but not participate in the search. Searches of a student’s person and/or personal effects may be conducted without the prior consent of the student’s parent/guardian. However, the parent/guardian of any student searched shall be notified of the search as soon as reasonably possible.
Searches of the person which may require removal of clothing other than a coat or jacket shall be referred to a law enforcement officer. School personnel shall not participate in such searches. Seizure of items Anything found in the course of a search conducted by school officials which is evidence of a violation of law or Board policy or school rules or which by its presence presents an immediate danger of physical harm may be: 1.
Seized and offered as evidence in any suspension or expulsion proceeding. Such material shall be kept in a secure place by the principal until it is presented at the hearing.
2.
Returned to the student or the parent/guardian.
3.
Turned over to a law enforcement officer in accordance with this policy.
Appeals Within 10 school days after a search, the student may appeal the search decision to the superintendent who shall investigate the reason(s) and circumstances of the search. The superintendent shall issue written findings within five school days after receiving the appeal. The superintendent's decision shall constitute the final district determination. Law enforcement officers' involvement Interrogations and interviews When law enforcement officials request permission to question students when students are in school or participating in school activities, the principal or designee shall ascertain that the law enforcement officer has proper identification. Except when law enforcement officers have a warrant or other court order, or when an emergency or other exigent circumstances exist, such interrogations and interviews are discouraged during students’ class time. It is the responsibility of the law enforcement officer interviewing student witnesses or interrogating student suspects to assure compliance with all applicable procedural safeguards. Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall make an effort to notify the student’s parent/guardian, except in cases involving investigation of reported child abuse where the suspected perpetrator is a member of the student’s family, when law enforcement has a court order directing that the student’s parent/guardian not be notified, or when an emergency or other exigent circumstances exist. However, whether or not to postpone the interview or interrogation until the parent/guardian arrives is the law enforcement officer’s decision. Search and seizure The principal or designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search. It is expected that searches by law enforcement will be conducted in accordance with the requirements of applicable law. Custody and/or arrest Students will be released to law enforcement officers if the student has been placed under arrest or if the student’s parent/guardian and the student consent to such release. When a student is removed from school by law enforcement officers for any reason, school officials will make reasonable efforts
to notify the student’s parent/guardian. It is expected that all procedural safeguards prescribed by law are followed by law enforcement officers conducting student arrests. However, district staff is not responsible for an officer’s legal compliance when arresting a student. LEGAL REFS.:
C.R.S. 19-2- 511 et seq. C.R.S. 22-32-109.1 (2)(a)(I)(I) (policy required as part of safe schools plan)
CROSS REFS.:
JIHB, Parking Lot Searches JK, Student Discipline, and subcodes
Eagle County School District, Re50J Adopted: June 23, 1993
File: JIHB
Parking Lot Searches The privilege of bringing a student-operated motor vehicle on to school premises is conditioned on consent by the student driver to allow search of the vehicle when there is reasonable suspicion that the search will yield evidence of contraband. Refusal by a student, parent or guardian, or owner of this vehicle to allow access to a motor vehicle on school premises at the time of a request to search the vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Routine patrolling of student parking lots and inspection of the outside of student automobiles shall be permitted at all times. CROSS REF.:
JIH, Student Interrogations, Searches and Arrests
Eagle County School District, Re50J Adopted: January 26, 1983 Revised: January 13, 1988
File: JII
Student Concerns, Complaints, and Grievances In compliance with Title IX regulations, Eagle County School District has developed an internal grievance procedure for filing student complaints. Complaints can include, but are not limited to: harassment or discrimination based on age, religion, sex, national origin, or physical handicap. The purpose of this grievance procedure is to resolve in a positive and productive manner any grievance a student might have. The student (grievant) who wishes to file a complaint (grievance) must follow this procedure: A.
Obtain and fill out copy of student complaint form. Complete and turn in the form to a student representative, teacher, or principal (assistance in filling out the form can be obtained from these people). Parents may be informed with permission of grievant.
B.
Within two (2) working days, the student representative or teacher must turn the form into the principal or assistant principal of the building, unless the grievance is against the principal, in which case it may go to the District Office.
C.
Within three (3) working days of receipt of the complainant form, the principal or assistant principal must notify the student and any parties grieved against of the action to be taken. Any proceeding for resolution must begin at this time.
D.
If the grievant is not satisfied with Step C, within three (3) working days (s)he should sign the appropriate space on the “Grievance Action Report” requiring the principal or assistant principal to forward the complaint to the Assistant Superintendent.
E.
Before the complaint is forwarded to the Assistant Superintendent, the parents of the grievant must be notified and a conference between the principal, student, parent, and any parties grieved against must be convened. If, however, the parents of the grievant are not interested or refuse to take part in the grievance, it can still be forwarded to the Assistant Superintendent.
F.
If the grievance cannot be resolved at the conference, it will be forwarded to the Assistant Superintendent. Within three (3) working days, the Assistant Superintendent must notify the student and any parties grieved against of the action to be taken, and the proceedings for resolution must begin.
G.
If the grievant is not satisfied with Step F, (s)he should sign the appropriate space on the “Grievance Action Report” requesting the Assistant Superintendent to forward the complaint to the Education Equity Committee so that they can convene an impartial panel to hear the complaint. The Assistant Superintendent will forward the complaint to the panel if (s) deems it necessary. Panel members are selected by the Educational Equity Committee and the Superintendent) or his/her designee). Any decision from the panel is the final step in this grievance procedure.
CROSS REP.:
ACA -- Nondiscrimination on the Basis of Sex (Compliance with Title IX) ACE -- Non discrimination on the Basis of Handicap/Disability (Compliance with Section 504) IHCDA -- Postsecondary Options/Concurrent Enrollment JB -- Equal Educational Opportunities JBB* -- Sexual Harassment JI/JIA -- Student Rights and Responsibilities/Due Process
Eagle County School District, Re50J Adopted: January 26, 1983
File: JII-E1
Student Complaint Form (Please make two copies) Name: Address:
Phone #: 1.
_____________________________________________________ Last/First/Initial ______________________________________________________ Street and number or P.O. Box Number ______________________________________________________ City/State/Zip ______________________________________________________ Business/Home This complaint refers to discrimination or harassment based on: () Age () Race
() () () 2. 3. 4. 5.
Religion () National Origin Physical Handicap () Other (describe) Sex ______________________________
Date of incident:____________________________________________________ Location of incident:_________________________________________________ Witnesses (if any):__________________________________________________ Describe in detail your complaint and any incidents involved. Please include names and any other specifics. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
I have read this complaint form’s explanation sheet. I fully understand the steps involved in the grievance procedure and am willing to participate in any further proceedings. _____________________________________________________________________ Student’s Signature/Today’s Date Please keep one copy for your own record. Turn in to a student representative, teacher, or the principal. Eagle County School District, Re50J Adopted: January 26, 1983
File: JII-E2
Grievance Action Report 1.
VIOLATION: _____YES _____NO (Please give reason(s) for your decision.) _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ____________
2.
CORRECTION ACTION RECOMMENDED: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ____________
3.
REMEDIAL MEASURES RECOMMENDED: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
____________ Date parties informed:_______________ Date action taken: _______________ Signature:________________________________________________________ 1 copy to grievant/1 copy to other parties involved 1 copy to building file/1 copy to District file Student Response: I am satisfied with the action taken on my complaint. _______________________________________________________________ Student’s Signature/Date Other/Date I am not satisfied with the action taken on my complaint to this date and would like to utilize further steps in the grievance procedure. _______________________________________________________________ Student’s Signature/Date Other/Date Eagle County School District, Re50J Adopted: September 12, 1979 Revised: May 24, 1989
File: JJ
Student Activities (Cocurricular and Extracurricular) The Board of Education supports the concept that a wide variety of extracurricular activities should be made available to students. However, participation in such activities is a privilege -- not a right. Such activities shall be conducted in accordance with the following guidelines. 1. 2. 3. 4. 5. 6. 7. 8.
Activity offerings shall be of sufficient variety and number to meet the wide range of interests of students. Most activities shall be an outgrowth of curriculum activities. All participation shall be voluntary. Guidance shall be offered to encourage nonparticipants who need the activity and to curb the overly enthusiastic from over-participation at the expense of academic performance. The goal for each student shall be a balanced program of academic studies and extra-class activities. All activities shall be supervised by a member of the Eagle County School District staff or by an authorized person who has received a letter of authorization from the Colorado Department of Education. Activities for public view shall be encouraged. They shall be closely supervised to avoid the expenditure of excessive time and effort by students. Facilities, indoor and outdoor, shall be available to students on a prior basis during the summer with the following provisions: a. A faculty member shall act as supervisor for all indoor activities, and a custodian must be on duty whenever possible. In the absence of a custodian, the faculty member shall be responsible for the securing of the facility. b. Usage dates shall be coordinated with the principal and the Director of Finance. c. Outdoor facilities usage shall be coordinated by the principal and the Director of Finance. Outdoor usage may be curtailed during extremely arid periods or during fertilizing or seeding periods as deemed necessary by the Director of Finance.
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: December 9, 1992
File: JJA
Student Organizations Secondary schools in the District may encourage students to broaden their knowledge and citizenship by permitting the formation of clubs or other groups that relate to subject matter covered by the curriculum. Such organizations shall operate within the framework of state statutes, Board policy, administrative rules, and the parameters of the learning program. Each building principal shall develop general guidelines for the establishment and operation of student organizations within the particular school. Among other provisions, such guidelines shall require the approval of the principal prior to the formation of any club or organization in a school and the assignment of at least one faculty adviser to each student organization. All student organizations are required to open membership to all interested and/or eligible students. Fraternities, sororities, and/or secret societies shall not receive recognition in any manner. All forms of hazing in initiations shall be prohibited in a student organization. No initiation shall be held for a student organization which will be degrading to the student or bring criticism to the District. The faculty advisor must attend every meeting of the student organization whether conducted on school premises or at another location. The principal is responsible for determining that the purpose of a student organization is related to the curriculum. In the event that the principal denies a group the right to organize and conduct meetings as a curriculum-related student organization, then students may seek permission to meet as a noncurricular student organization in accordance with Board policy. LEGAL REF.:
C.R.S. 22-1-117 C.R.S. 22-1-118 20 U.S.C. ss4071 et. seq.
CROSS REF.:
JJAB, Open/Limited Open Forums (Noncurricular Student Organizations)
Eagle County School District, Re50J Adopted: June 23, 1993
File: JJAB
Open/Limited Forum Students in secondary grades (grades 9-12) in the Eagle County School District shall be permitted to organize and conduct meetings of noncurriculum-related student clubs or other groups to pursue specialized activities outside the classroom. Such groups shall not be considered school-sponsored student organizations nor be given all the privileges afforded to school-sponsored organizations. Students may conduct meetings under this policy on school premises only during noninstructional time so that meetings do not interfere with the orderly conduct of the educational activities of the school. Meetings of noncurricular student groups must be scheduled, organized, and conducted within the guidelines established by this policy and accompanying regulations.
For purposes of this policy, "noninstructional time" means time set aside by each school before actual classroom instruction begins or after actual classroom instruction ends. Requests for permission to conduct a noncurricular student meeting must originate from a student or group of students. Persons not attending school in this district, parents, school personnel, or any other nonschool persons are prohibited from directing, conducting, controlling, or regularly participating in the activities of a noncurricular student group. All noncurricular student groups meeting on school premises are required to open membership to all interested and/or eligible students. Fraternities, sororities, and/or secret sororities shall not receive recognition in any manner under this policy. Attendance at all meetings must be voluntary. The administration shall develop general guidelines and rules so that students will be informed about the procedure for scheduling meetings and activities, the hours available for meetings and the facilities available for meeting space. Students must request permission for a meeting of a noncurriculum-related group from the principal and submit all scheduling requests to the principal for approval. A member of the professional staff must be invited to attend every meeting or activity scheduled on school premises as a monitor for purposes of general supervision. Students shall be responsible for ensuring the presence of a faculty monitor prior to every meeting. Under no circumstances shall the school compel a faculty member or school employee to monitor or attend a meeting of a noncurricular student group if the content of the speech at the meeting is contrary to the beliefs of the school employee. School employees may be present at religious meetings of a noncurricular group only in a nonparticipatory capacity. All forms of hazing in initiations shall be prohibited in any group meeting on school premises. No initiation shall be held for any noncurricular student group which will be degrading to the student or bring criticism to the school system. The school district, through the building principal, retains the authority to prohibit meeting which otherwise would be unlawful. Further, nothing in this policy shall be construed to limit the authority of the school to maintain discipline on school premises, to protect the well-being of students and faculty, and to ensure that attendance at meetings is voluntary. Neither shall anything in this policy be used to imply that the school is sponsoring a noncurricular student group. No public funding or support shall be extended to noncurricular student groups other than an opportunity to meet on school premises. In providing equal access to school facilities for all noncurricular groups, the District is not expressing any opinion or approval of the subject matter discussed at any meeting nor is it advocating or supporting in any manner the point of view expressed by any student or group meeting as allowed by this policy. Noncurricular student groups shall not be denied equal access to school facilities solely on the basis of the religious, political, philosophical or other content of any speech at such meetings. LEGAL REF.:
20 U.S.C. SS 4071 et seq. C.R.S. 22-1-117 C.R.S. 22-1-118
CROSS REF.:
IB, Academic Freedom
JJA, Student Organizations Eagle County School District, Re50J Adopted: June 23, 1993
File: JJF
Student Activities Funds Student activity funds may be raised and spent to promote the general welfare, education, and morale of all students and shall finance authorized activities of student organizations and the Eagle County School District. Student activity funds are considered a part of the total fiscal operation of the Eagle County School District and, therefore, are subject to the policies and regulations established by the Board of Education and the office of the Superintendent. The funds shall be managed in accordance with sound business practices--including sound budgetary and accounting procedures as well as audits-in the same manner as regular District funds. Principals shall participate in the preparation, modification, and interpretation of policies and procedures that affect student activity funds. CROSS REF.:
DB, Annual Budget, and subcodes DG, Banking Services (And Deposit of Funds) DI, Financial Accounting and Reporting, and subcodes
Eagle County School District, Re50J Adopted: May 24, 1989
File: JJG
Contests for Students Participation in contests is optional with the individual school. While there is no intent to refuse to cooperate with agencies sponsoring worthwhile contests, there is very definitely a desire to keep such cooperation within reasonable bounds. The following statements shall be a guide for determining participation in contests: 1.
The primary educational aims of the schools and the needs and interests of their pupils must be a consideration at all times;
2.
Schools shall not be used to promote private or commercial interests;
3.
Schools shall not be used for direct sales promotion of individual competitive goods or services;
4.
All materials or activities initiated by private sources shall be judged on grounds of their direct contribution to educational values, factual accuracy, and good taste; and
5.
Consideration shall be given in all cases to protecting students and staff members against unreasonable added work and responsibilities.
Eagle County School District, Re50J Adopted: September 12, 1979 Revised: July 1, 2003
File: JJH (Also IJOA)
Student Travel
The Eagle County School District believes that field trips are important experiences which enhance student learning. Field trips are an integral part of the School District’s curriculum; they should be viewed as positive, supportive, and motivational techniques to enhance and challenge students to maximize their potential. Recognizing that the first-hand learning experiences provided by field trips are a most effective and worthwhile means of learning, it is the desire of the administration and the Board of Education to encourage field trips as part of and directly related to the total school program within the constraints of the resources of the District. The following guidelines and procedures will assure that all field tips have the approval of the Principal and Superintendent (or his/her designee). Every effort will be made to ensure a safe and worthwhile trip for those involved. REGULATIONS: 1.
Field trips and excursions must be sponsored by one or more Eagle County School District employees.
2.
Sponsors of the field trip should complete FORM “T,” Trip Request and Report, prior to the planned trip. The form includes the following information: a. b. c. d. e. f.
the sponsor’s name grade or class destination and date of trip date submitted purpose of trip request for District transportation
3.
Parent permission forms for all students should be signed and on file in the Principal’s office 24 hours prior to leaving on the field trip. A statement that no student will be denied a filed trip experience because (s)he is not able to pay any associated fee(s) will be included on this form.
4.
Before a trip will be considered for an overnight experience, the following information must be included with the request: a. a detailed itinerary b. emergency contact person or facility at the destination site, including a telephone number c. cost to individual students d. a list of students making the trip, including telephone numbers and parents’/guardians’ names (a list should also be given to the building principal) e. a list of any unusual risks that may be encountered on the trip f. a copy of the initial information letter about the trip that was sent to parents g. a list of all sponsors
5.
If the sponsor/student ratio is greater than 1:10, special written permission must be obtained by the sponsor from the Assistant Superintendent.
6.
Final approval for any field trip must be requested from the Superintendent (or his/her designee) after it has been approved by the building principal.
7.
Final approval from the Board of Education must be requested for trips of three (3) or more days, when students are asked to pay for more than the cost of their daily meals, or for tips exceeding 300 miles round-trip.
8.
All requests for field trips must be submitted to the Assistant Superintendent and Director of Transportation at least 10 working days prior to the date of departure.
9.
The above-mentioned criteria must accompany the request.
10.
Only District-approved transportation shall be used.
11.
Upon return from the field trip, the supervisor is asked to complete FORM “J,” Professional/Field Trip Justification and Evaluation. This form can be obtained from the building principal. This form will list the objectives of the trip, evaluation or the degree to which the objectives were met, and a list of highlights and/or problems related to the trip that might be helpful to anyone else planning a similar activity.
LEGAL REF.:
C.R.S. 12-33-107 (parental liability waivers) C.R.S. 40-10-116 (1)(b)
CROSS REF.:
EEAFA -- Extracurricular Activity Buses/Field Trips/Special Events EEAG -- Student Transportation in Private Vehicles
Eagle County School District, Re50J
File: JJH-E1 (Also IJOA-E1)
Form “T” Trip Request and Report 1. 2. 3. 4. 5. 6. 7.
The sponsor’s name Grade or class Destination and date of trip Date submitted Purpose of trip -- educational value of the trip and how it relates to curriculum. There must be a direct link to the students’ curriculum study in order for a trip to be approved. Request for District transportation Cost per pupil and now funds will be raised: Cost per pupil Funding Sources Total costs Projected Actual -Fee charged each student x Number of students
__________
______
______
Total from students
__________
______
______
-P.T.A.
__________
______
______
District budget
__________
______
______
-Other (give specifics)
__________
______
______
TOTALS
__________
______
______
If more than one method will be used for a trip, please specify total amount allocated to each type: i.e. a $10.00 fee will be charged to each student and P.T.A. will contribute $300 for trip. No student will be denied a field trip experience because s/he is not able to pay any associated fee(s).
8.
Upon return from the field trip, the supervisor is asked to list actual costs of the trip. S/he will list the objectives of the trip, evaluation of the degree to which the objectives were met, a list of highlights and/or problems related to the trip that might be helpful to anyone else planning a similar activity, and a summary of actual funds raised and actual costs of the trip. Projected
Actual
District budget Other (specifics)
__________ __________
__________ __________
TOTAL FUNDS RAISED
__________
__________
Costs spent: Travel Admission tickets Food Other (specifics)
__________ __________ __________ __________
_________ _________ _________ _________
TOTAL FUNDS SPENT
__________
_________
Funds raised: Students P.T.A.
9.
Before a field trip will be considered for an overnight experience, the following information must be included with the request: a. An itinerary b. Emergency contact person or facility at the destination site, including a telephone number c. Cost to individual students d. A list of students making the trip, including telephone numbers and parents’/guardians’ names (a list should also be given to the building principal) e. A list of any unusual risks that may be encountered on the trip f. A copy of the initial information letter about the trip that was sent to parents. g. A list of all sponsors h. The Board of Education wishes to be informed of all overnight field trips in a timely manner, before the trip, whenever possible, as an informational item in the regular Board packet.
Eagle County School District, Re50J
File: JJH-E2 (Also IJOA-E2)
Field Trip Permission Form Dear Parents: The ____________________________________________________________ class/ classes of the _______________________________________________________School will be participating in a field trip on _________________________________________. We will be going to: _____________________________________________________________________ _____________________________________________________________________
_____. We
will
leave:____________________________________________________________. We plan to return approximately:____________________________________________. Form of transportation:_______________________________________________. Reason for the trip: _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________. Each student is asked to pay $______________ to cover expenses of the trip.* *No student will be denied access to a field trip because s/he is not able to pay any associated fees. ________________________________________________ Permission form to be returned to school: (Student Name)_________________________________________ has my permission to accompany the field trip to ________________________________ on ______________. _____________________________________________________________________ Signature of Parent/Guardian/Date
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: JJIB/JJIC
Interscholastic Sports/Standards for Participation The philosophy of the Interscholastic Athletic Program of this District is an integral part of the school's program of education which is designed to provide experiences that will help students develop physically, mentally, and emotionally. We believe that participation in athletics, both as a player and as a student spectator, is an important part of the student's educational experience. These experiences are expected to contribute to the knowledge, skills, and emotional development of students. Such participation is a privilege that carries with it responsibilities to the school, to the team, to the student body, to the community, and to the student him(her)self. In his/her play and in his/her conduct, the student is representing all of these groups. The Board of Education of the Eagle County School District supports the concept that a wide variety of extracurricular activities should be made available to all students. However, participation in such activities is a privilege and not a right. Such activities shall be conducted in accordance with the following guidelines: BELIEF STATEMENTS/ EAGLE COUNTY SCHOOL DISTRICT PHILOSOPHY: We believe that... ... activity programs promote leadership training, mental and physical health, self-discipline,
... ... ... ... ... ... ... ... ... ...
and responsibility. activity programs provide a positive alternative to drug- and alcohol-related activities. successful activity programs have a positive effect on the general school climate. successful activity programs encourage a significant number of students to not drop out of school. the number of activities offered should be of sufficient variety and number to meet the wide range of interests of students. all participation should be voluntary. there is value in promoting healthy competition between individuals and teams. activity programs provide a good balance between individual efforts and team cooperation. activity programs are an important integral part of the total school curriculum. activity programs should provide equal opportunities to all students. the schools should not charge fees for participation in activity programs.
CRITERIA FOR ADDITIONS OR DELETIONS TO ACTIVITY PROGRAM: Criteria that are Legal Necessities: 1. That the activity program is sanctioned by the Colorado High School Activities Association (CHSAA). 2. That the addition or deletion of the activity does not create an illegal imbalance between the activity opportunities between boys and girls (Title IX). Criteria Given High Priority: 1. 2. 3. 4. 5.
That there is a high interest among students as shown in the number of students who wish to participate in the activity. That there is community interest and support for the activity. That the activity being proposed does not conflict with the season of existing activities so as to create excessive competition for facilities or cause our existing programs to lose the membership that is necessary for them to remain competitive. That there be long- and short-term benefits to activity participants with a bias toward carry-over sports and other activities. That the activity does not require students to spend an excessive amount of time away from their scheduled classes.
Additional Criteria: 1. 2. 3. 4.
That there be competition available in the geographic area. That the addition or deletion of an activity does not create an imbalance between athletic activities and intellectual activities. That qualified coaches for the sport are available. That the activity not be cost prohibitive.
Decisions regarding the addition of activities must be made by the Board of Education a minimum of ninety (90) calendar days prior to the beginning of the season. REGULATIONS: 1. For the purpose of this policy, an athlete is defined as a participant in any high school or middle school activity that has been approved by the Eagle County School District Board of Education as an athletic activity . 2.
Eligibility to Participate in Athletic Programs. a.
All athletes must abide by all rules of the Colorado High School Activities
Association, the Western Slope League, Battle Mountain, Eagle Valley High School and Red Canyon High Schools, and the athletic department of each high school.
3.
b.
Athletes must not be failing more than one class. Although failure must be considered on a week-to-week basis, it should be calculated on a cumulative basis for the quarter or for the semester (e.g. if a student has passing grades for the first four weeks of a quarter, but receives a failing grade during the fifth week, (s)he would still be eligible to compete if his/her average grade for the total five week was a passing grade).
c.
Athletes must be neatly dressed and groomed.
d.
Any disagreements concerning the above regulations will be decided upon by a review board. This review board will be made up of the coaches and the athletic director or assistant principal. The principal of the school or a District Office administrator may also serve on this board as a regular member or as a hearing officer.
School Attendance Requirements. a.
School Attendance Requirements. (1) All athletes are expected to demonstrate regular and punctual attendance. (a) If an athlete is truant from school for less than one-half of a school day, (s)he will not be allowed to participate in the next week's scheduled event. If the truancy is more than one-half of a school day, (s)he will not be allowed to participate in the current week's events. (This regulation may need an explanation or rationale. It is the opinion of our coaches and athletic directors that if a student is truant from school for a short period of time, and if (s)he is a member of a team that needs his/her presence, it would be unfair to the remaining team members for the truant student not to be able to participate on such short notice, and thereby jeopardizing the entire team. For this reason, the student will not be allowed to participate in the next week's event(s) in order to ensure a replacement for him/her on a team.) (b) When students are absent from school for more than one-half of the day, they will not be allowed to participate in extracurricular activities for that day. Exceptions to this will be an appointment that cannot be scheduled at another time or an excused absence other than illness.
b.
Practice Attendance Requirements. (1) All athletes are required to have regular attendance at practices. (2) Permission from the coach must be obtained before a student will be allowed to miss any practice session. The athlete is responsible for notifying the coach of his/her reason for being absent from a practice session. This communication should take place prior to the practice time. The student should notify the coach in person or via telephone and should bring a written excuse from his/her parent/guardian upon his/her return to school. (3) An unexcused absence from practice will make the athlete ineligible for the next event. The third unexcused absence will drop the athlete from the team. Coaches will notify the athletes at the beginning of the season as to what constitutes an excused absence. (4) If an athlete is injured and attending school, (s)he will be required to attend all practices. (5) Practice areas are off limits to anyone other than coaches and participants of that sport.
4.
Attitudes and Behaviors of Athletes. a. At School. (1) Athletes are expected to exhibit appropriate attitudes and behaviors at all times. (2) Athletes are encouraged to express their approval of the appropriate behavior of others and their disapproval of the inappropriate behavior of others. b.
At Practice. (1) Participants in athletic programs are expected to approach practices with the expectations of personal growth and achievement. (2) Athletes should respect the position of coach and should only question strategy methods, ideas, etc. of the coach at appropriate times and in an appropriate manner. (3) Participants should take practice sessions seriously and should not behave in a manner that disrupts the practice session. (4) Displays of temper should be controlled. An athlete who loses his/her composure may cause problems for the individual and for the team.
c.
At Games/Contests. (1) Athletes should display good sportsmanship during all athletic contests. (2) The captain of the team is the only athlete permitted to speak to an official. All other athletes must refrain from speaking to or showing negative emotion toward officials.
5.
A student will not be allowed to change to another athletic activity (e.g. basketball to wresting, or wrestling to skiing) after two weeks of that activity season unless both coaches agree to the change
6.
When a student has been suspended from an activity (s)he shall not be allowed to participate in another activity during that activity season.
7.
All injuries are to be reported to the coach regardless of how minor they may seem to be. The coach will administer first aid and/or arrange for emergency medical care. The coach is responsible for contacting the parents/guardians of the student when, in his/her judgment, the injury may require medical treatment.
8.
An athlete may letter in three (3) sports per year at either Battle Mountain High School or Eagle Valley High School. Athletes receiving letters will be given one letter which is marked to show the various sports in which the athlete participated. Each year of participation will be designated on the letter by an inlaid bar.
9.
Transportation.
10.
a.
Athletes must ride to and from athletic events in school-provided transportation unless exceptions to this rule have been planned and approved by the coach. Upon written and verbal request from a parent/guardian, the head coach of the sport may choose to allow other transportation arrangements.
b.
Regulations regarding overnight trips will be established by individual coaches and will be shared with the athletes.
Enforcement of Regulations of Policy JJIB/JJIC. a.
All decisions regarding the regulations will be made by the head coaches of the affected sport. Students may appeal any penalty through the review board. However, the decision of the review board is not binding on the building principal.
b.
Participants in all interscholastic athletic activities shall be prohibited from use of tobacco, drinking alcoholic beverages, using illegal drugs, or having illegal drugs in their possession. All infractions of this rule shall be reported to the principal of the school. (Refer to Policy JICH -- Drug and Alcohol Use and Abuse by Students) First offense shall entail dismissal from all activities for a period of time not to exceed sixty (60) school days. The offender's subsequent conduct will be reviewed closely by the principal, coach, and/or review board.
c.
The use or possession of drugs shall be treated the same as the use of alcohol except that in the first offense, the parents/guardians will be notified ("drugs" shall be defined as those in violation of state or federal laws).
d.
The circumstances surrounding flagrant misconduct or unsportsmanlike conduct can be so varied and so complicated that penalties in each individual case shall be established in accordance with the nature of the offense.
11.
All activities will be supervised. All clubs and groups will have a faculty adviser.
12.
Facility usage shall be coordinated by the principal and the Director of Buildings and Grounds. The use of playing fields may be curtailed during extremely arid periods or fertilizing/seeding periods, as deemed necessary by the Director of Buildings and Grounds.
Team Membership Guidelines. Membership on high school teams will be determined by specific criteria developed for each sport. Criteria will include but not be limited to the following: 1. 2. 3. 4. 5.
Skills Test for Specific Sport. Knowledge of the Sport. Game Skills. Team Skills. Attitude and Sportsmanship.
Specific criteria will be developed by the coaches for each sport, subject to review and approval by the building principal and/or athletic director at the start of each season. After a minimum of five (5) and a maximum of twelve (12) practices, roster number will approximate CHSAA state guidelines for each sport. Final numbers will be determined by the coach, athletic director, and building principal. If cuts are necessary the coach of that team is expected to discuss the action with each athlete, providing feedback in strengths, skill level, and specific reasons for the decision. Middle School Coaching Recommendation Limiting Events: 1.
Middle school football shall be limited to a maximum of six games per school year.
2.
Middle school basketball shall be limited to a maximum of eight games plus one tournament per school year. Games will be scheduled to allow students to arrive home on week nights before 9:00 p.m.
3.
Middle school wrestling shall be limited to a maximum of eight dates, including
tournaments. These eight dates should not include more than three tournaments. Matches will be scheduled to allow students to arrive home on week nights before 9:00 p.m. 4.
Middle school volleyball shall be limited to a maximum of eight matches plus one tournament per school year. Games will be scheduled to allow students to arrive home on week nights before 9:00 p.m.
5.
Middle school track will be limited to a maximum of three meets on weekends.
6.
As a rule, students in the following grades will be allowed to participate in the following sports:
Sixth Graders (intramural basketball, track, and wrestling, if available) Seventh Graders (football, basketball, wrestling, volleyball, and/or track) Eighth Graders (football, basketball, wrestling, volleyball, and/or track) CROSS REF.:
JICH -- Drug and Alcohol Use and Abuse by Students JE -- School Attendance GCBC -- Supplementary Pay Schedule
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: January 28, 1987
File: JJID
Student Physicals for School Athletics All students participating in competitive athletics shall be required to present a statement each year by a licensed physician as to their physical fitness to participate in the athletic program. These statements shall be filed in the student’s health records in the nurse’s office. CROSS REF.:
JLCA -- Physical Examinations of Students
Eagle County School District, Re50J Adopted: July 1, 2001 Revised: October 1, 2012
File: JJJ
Extracurricular Activity Eligibility Definitions For purposes of this policy, the following definitions apply: 1. “Activity” means any extracurricular or interscholastic activity including but not limited to any academic, artistic, athletic, recreational or other related activity offered by a public school. District extracurricular and interscholastic activities do not include social events such as dances, talent shows, etc. 2.
“School of attendance” means the school in which a student is enrolled and attends classes.
3.
“School district of residence” means the school district in which a student resides.
4. “School of participation” means a school in which the student participates in an activity but is not the student’s school of attendance.
Participation in activities All students meeting eligibility requirements are entitled to participate in extracurricular activities at their school of attendance. Subject to the same eligibility requirements, the district shall allow students enrolled in any school (including charter schools, nonpublic schools, other public schools, and home schools) to participate on an equal basis in any activity offered by the district that is not offered at a student’s school of attendance. If an activity is not available at a student’s school of attendance, the student may choose to participate at another public or non-public school in the district of attendance or district of residence. When choosing, the student must choose the school that offers the greatest number of activities in which the student wishes to participate. If the original school of participation chosen by the student does not offer an activity in which the student wishes to participate, the student may participate in activities at more than one school of participation during the same school year. If an activity is not offered by either the district of attendance or the district of residence, the student may seek to participate in a contiguous school district or at the nearest public school that offers the activity even if the school is not in a contiguous school district. However the district will choose the specific school of participation. When choosing, that district must choose the school that offers the greatest number of activities in which a student wishes to participate. With regard to athletic teams, the school of participation may reserve slots for up to twice the number of starting positions on the team at each level of competition for students enrolled in the district. With regard to individual athletic activities, the school of participation may reserve slots for up to half the total number of team members at each level of competition for students enrolled in the district. Students who are residents of the school district but who are being educated in a home school may participate provided they comply with all laws governing non-public home-based education. Eligibility requirements To participate in activities at a school of attendance, a student shall meet all of the requirements imposed by the school of attendance. To participate in activities at a school of participation students must comply with: 1.
All eligibility requirements imposed by the school of participation.
2. The same responsibilities and standards of behavior, including related classroom and practice requirements that apply to enrolled students. If a student has not met all of the eligibility requirements or if the student would have become ineligible to participate at a school, the student cannot gain or regain eligibility by applying to participate in activities at another school. Any penalties assessed to the student must first be paid at the school of attendance or participation before regaining eligibility to participate at another school. Transfer students If a student transfers enrollment to another school without an accompanying change of domicile by the student’s parent/guardian, the student’s eligibility to participate is determined by the district’s
eligibility requirements and Colorado High School Activities Association (CHSAA) rules. Participation fee Non-enrolled students participating in district activities shall pay the same fee charged enrolled students for participation in the activity. [NOTE: District may charge non-enrolled students up to 150% of the fee charged enrolled students.] CHSAA requirements Eligibility requirements as published by the Colorado High School Activities Association (CHSAA) shall be observed by all students at the high school level. Additional eligibility requirements may be imposed by the school district for both high school and middle school students. Such eligibility requirements shall include good citizenship, acceptable academic standing, parental permission and good health (sports only). All eligibility requirements shall be published in applicable student/parent handbooks. Student participation in an activity through any amateur association or league that is not a member of Colorado High School Activities Association (CHSAA) shall not prevent the student from participating or affect eligibility to participate in the same activity at any school as long as the student has the express written permission of the principal at the school of participation, the student’s class attendance is not compromised and the student is in good academic standing.
Appeal Any student who is sanctioned or is found by the school, school district or CHSAA to be ineligible to participate in any extra curricular activity may appeal the sanction or finding. Students may not appeal sanctions for unsportsmanlike conduct or ejection from the activity. As an alternative, a student may bypass the appeal process by filing a request for binding arbitration with the school district or entity issuing the sanction or finding. The cost associated with the arbitration procedure shall be shared according to state law. The parties shall select an arbitrator and proceed as provided in state law. Students may not appeal a coach’s team rules that are uniformly applied to all team members. LEGAL REFS.:
C.R.S. 22-32-116.5 C.R.S. 22-33-104.5 (6)
CROSS REF.:
IHBG, Home Schooling JJ, Student Activities JJD, Student Activities Fees
Eagle County School District, Re50J Adopted: July 1, 2001 Revised: July 1, 2006
File: JJJ-R
Extracurricular Activity Eligibility The following rules shall govern participation in all school-approved extracurricular activities: 1.
Participants must be enrolled in the district as full-time middle school students or high school students in courses that will earn four Carnegie units of credit per trimester or enrolled in a nonpublic home-based program or an independent or parochial school taking an equivalent number of classes.
2.
Students enrolled in the district must be in attendance at school for the entire school day in order to participate in any school-sponsored activity that is conducted on that day. In cases of emergency or extenuating circumstances, the principal or designee may grant an exception to this limitation.
3.
An eligibility list will be distributed to all teachers on Friday for district students. Students who receive two failing grades for the week will not be eligible to participate during the following week. No eligibility lists will be published the first week of competition or participation. The activities director will certify individual student eligibility in cooperation with the guidance office. Students participating in activities who are not enrolled in the district must provide appropriate certification stating that the academic eligibility requirements have been met.
4.
Students must submit a physical examination statement to the school before participating in any sport.
5.
Students must have emergency treatment, district parent permission and athletic insurance waiver forms, if applicable, filled out, signed and on file with the school before being allowed to practice in a sport or participate in any activity.
6.
Students violating the district code of conduct will be ineligible until they have complied with
all disciplinary sanctions. 7.
Ineligibility twice during the season will constitute permanent dismissal from the activity.
CROSS REF.:
IHBG, Home Schooling JICDA, Code of Conduct
Eagle County School District, Re50J Adopted: August 28, 1996 Revised: July 1, 2000
File: JK
Student Discipline The Board believes that effective student discipline is a prerequisite for sound educational practice and productive learning. The objectives of disciplining any student must be to help the student develop a positive attitude toward self-discipline and socially acceptable behavior. All policies and procedures for handling general and major student discipline problems shall be designed to achieve these broad objectives. Disorderly students shall be dealt with in a manner which allows other students to learn in an atmosphere which is safe, conducive to the learning process and free from unnecessary disruptions. The Board in accordance with state law has adopted a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons in authority. The code also emphasizes that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. All Board-adopted policies and Board-approved regulations containing the letters "JK" in the file name shall be considered as constituting the discipline section of the legally-required code. Expulsion prevention District personnel shall enforce provisions of the code so that students demonstrating unacceptable behavior and their parents, guardians, or legal custodians understand that such behavior shall not be tolerated and shall be dealt with according to the code. However, it is the belief of the Board that all available alternatives should be explored to help students who are at risk of expulsion before expulsion becomes a necessary step. Expulsion shall be regarded as a punishment of last resort. The district shall provide students who are identified as at risk of suspension or expulsion with the necessary support services to help them avoid expulsion. In doing so, district personnel shall work with the student's parent or guardian. Support services may be provided through agreements with appropriate local governmental agencies, community-based organizations, and institutions of higher education. The failure of the school district to identify a student for participation in an expulsion prevention program or the failure of such program to remediate a student's behavior shall not be grounds to prevent school personnel from proceeding with appropriate disciplinary measures. Enforcement of discipline code An act of a teacher or other employee shall not be considered child abuse if the act was performed in good faith and in compliance with Board policy and procedures. A teacher or any other person acting in good faith and in compliance with the discipline code adopted by the Board shall be immune from civil liability unless the person is acting willfully or wantonly. It is an affirmative defense in any criminal action that a person is acting in good faith and in compliance with the discipline code.
Disciplinary information In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others. For purposes of this policy, "disciplinary information" means confidential records maintained by or in possession of the principal or designee on an individual student which indicate the student has committed an overt and willful act which constitutes a violations of the district's code of student conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible sources, that the student could pose a threat to the health and safety of other students and school personnel based on prior misbehavior. "Disciplinary information" is intended to include only that information of a serious nature that is not otherwise available to teachers and counselors as part of the education records maintained on students or other reports of disciplinary actions. It is appropriate for instructional staff members to request disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or school officials. Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The principal or designee is required to inform the student and the student's parent or guardian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student's parents or guardian may challenge the accuracy of disciplinary information through the administrative regulations which accompany this policy. Remedial discipline plans The principal may develop a remedial discipline plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events. The goal of the remedial plan shall be to address the student's disruptive behavior and educational needs while keeping the child in school. Discipline of habitually disruptive students Students who have been suspended three times for causing a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events three times during the school year in violation of their individual remedial discipline plans shall be declared habitually disruptive students. Expulsion is mandatory for habitually disruptive students. Any student enrolled in the district's schools may be subject to being declared a habitually disruptive student. Discipline of special education students Appropriate discipline for special education students shall be in accordance with the student’s individual education plan (IEP), any behavior intervention plan and policy JK-2, Discipline of Students with Disabilities. In order to comply with all state and federal laws, the special education director shall be contacted prior to the use of any disciplinary measure which is not authorized by the student’s IPE or behavior intervention plan. Distribution of conduct and discipline code The superintendent shall arrange to have the conduct and discipline code distributed once to each student in elementary, middle, junior high, and high school and once to each new student in the district. Copies shall be posted in each school of the district. In addition, any significant change in the code shall be distributed to each student and posted in each school. The Board shall consult with administrators, teachers, parents, students, and other members of the
community in the development of the conduct and discipline code. LEGAL REFS.:
C.R.S. 18-6-401(1) C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code) C.R.S. 22-32-109.1 (2)(a)(III) (discipline of habitually disruptive students is required part of safe schools plan) C.R.S. 22-32-109.1 (3) (agreements with state agencies) C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law) C.R.S. 22-32-126(5) C.R.S. 22-33-106(1)(a-e) C.R.S. 22-32-106 (1)(c.5) (habitually disruptive students) C.R.S. 22-33-202
CROSS REF.:
JIC -- Student Conduct, and subcodes JK subcodes (all relate to student discipline) JRA/JRC -- Student Records/Release of Information on Students JK-2 -- Discipline of Students with Disabilities JKBA*, Disciplinary Removal from Classroom
Eagle County School District, Re50J Adopted: August 28, 1996 Revised: July 1, 2000
File: JK-R
Student Discipline Open communication between principals and the professional staff is essential to accomplish the educational mission of the district. It is recognized that principals have access to information about individual students that may not be otherwise available to others because this information is not recorded as part of the student's education record. To assure that information is shared with the professional staff that may be important to understanding the particular needs of individual students and any potential risk that a student might pose to the safety or welfare of others, state law requires that the principal take steps to communicate this information to teachers and counselors who have direct contact with the student. In addition, to make sure that the information communicated is accurate, state law gives students and parents/guardians the right to challenge disciplinary information. Whenever the principal or designee determines that disciplinary information as defined in Board policy must be communicated to a teacher or counselor, the following steps will be followed: 1.
The principal will communicate pertinent information, at least verbally, to a teacher or counselor pertaining to an individual student. If disciplinary information regarding a disabled student is transmitted, the current IEP must be referenced as confidential information.
2.
The principal will communicate the information in the statement to the teacher or counselor by providing a copy of the statement. Alternatively, the principal/designee may wait until the student/parent/guardian has had a chance to challenge the content of the statement before communicating the statement to any teachers or counselors. The teacher/counselor and principal/designee will record the names of all individuals who are given a copy of the statement.
3.
A copy of the written statement will be provided to the student and the student's parent or guardian. However, if a student is 18 years old or older, the student may inspect his or her
own records and his written permission will be necessary in order for the parents or guardian to receive them. Such student 18 years old or older will be known as an eligible student. 4.
The principal/designee will take steps to see that the parent/guardian of a student under 17 years of age receives a copy of the statement, either by mailing a copy directly to them and/or alerting them to the fact that the statement has been sent to them, either by sending it home with their child or in the mail
5.
The written statement will indicate that the student and/or parent/guardian may challenge the accuracy of the disciplinary information on the basis that it is inaccurate, false, or misleading unless the statement is solely a summary of an incident for which the student and parent/guardian has already been afforded a due process hearing prior to imposition of school discipline. In that case, the challenge procedures do not apply.
Challenges The following procedures apply when an interested person challenges the statement of disciplinary information: Step 1 A Step 1 review will be requested in writing within seven days after receipt by the parent/guardian of the written statement. If the interested persons fail to file an intent to challenge within seven days after receiving a copy of the statement, the statement will stand as written and there will be no further opportunity to challenge that particular statement. If the parent/student challenges any part of the statement, the principal should review the part of the statement being challenged and may, by mutual agreement with the person making the challenge, destroy, delete or add the information in question. Step 2 If the principal does not agree to change the written statement as requested during the Step 1 review, the student or parent/guardian may request an informal hearing with the superintendent within 10 days after the principal's decision not to change the written statement. This request must be in writing and will state the reasons for the request. The principal may file a written response to the request for a Step 2 review to be considered by the superintendent. The superintendent will make a decision within 10 school days after receiving the request for Step 2 review. The superintendent may take whatever steps necessary to make a determination about the content of the statement, including discussing the matter with the student and parent/guardian and/or principal and making independent inquiries to determine the veracity of the statement. The superintendent may decide that the statement should be revised in accordance with the student or parent/guardian position or may decide to uphold the principal's statement as accurate. The superintendent's decision is final. Once an appeal has been held on the disciplinary information contained in a statement, that statement may be communicated to teachers/counselors during the school year without any further challenge. If the statement had been communicated prior to the conclusion of the challenge, and changes were made to the statement, the principal/designee will see that all those who received the original statement are provided a copy of the revised statement. Any teacher or counselor who receives a statement containing disciplinary information will maintain the confidentiality of the information and will not communicate the information to any other person. A violation of this provision will result in appropriate disciplinary action.
Remedial discipline plans 1. The principal, may develop a plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events. The goal of the remedial plan shall be to address the student's disruptive behavior and educational needs while keeping the child in school. 2.
To develop the plan, the principal will arrange for a meeting with the student, the student's parent/guardian and any members of the staff whom the principal believes should attend.
3.
The purpose of the meeting will be to address the reasons for the student's disruptive behavior and cooperatively to establish goals, objectives, and timelines to modify such behavior. A written plan will be prepared which addresses the child's disruptive behavior, his or her educational needs, and what steps are necessary to keep the child in school. The plan will include consequences if the student is disruptive in violation of the plan.
4.
The plan may be written in the form of a contract which the student and the parent/guardian will sign and date.
5.
The parent/guardian will be provided a copy of the remedial discipline plan and it will be placed in the student's discipline file.
Disruptive behavior by special education students will be dealt with in accordance with the student's individual education plan (IEP), any behavior intervention plan and policy JK-2, Discipline of Students with Disabilities. It will be the responsibility of the principal and other appropriate district personnel to coordinate these procedures with a special education student's IEP and any behavior intervention plan. Habitually disruptive students A student will be declared "habitually disruptive" if he has been suspended three times during the course of the school year for causing a material and substantial disruption in the classroom, on school grounds, or at school activities or events because of student behavior that was initiated, willful, and overt. 1.
The principal will inform the superintendent if a student is suspended for a second time for causing a material and substantial disruption. 2. The student and the parent/guardian will be notified in writing of each suspension which counts toward declaring the student habitually disruptive. The student and parent/guardian will also be notified in writing and by telephone or other oral communication of the definition of "habitually disruptive student" and the mandatory expulsion of such students. 3. District procedures for expulsion will be initiated when the student is suspended for the third time. The period of suspension will be extended, if necessary, to conduct an expulsion proceeding. Expulsion prevention The principal is directed to work with the professional staff to identify students who are at risk of suspension or expulsion from school. Among those students who may be at risk are those who have been or are likely to be declared habitually truant or habitually disruptive. Support services will be provided to students who are identified as at risk of suspension or expulsion to help them avoid expulsion. The parent/guardian will be included when determining an appropriate support service for the student. In some cases, a remedial discipline plan may be the means by which various intervention and prevention services are identified and made available to a student. Support services to assist a student in avoiding an expulsion may also be available through local and state governmental agencies, community-based organizations, and institutions of higher education.
Eagle County School District, Re50J Adopted: November 12, 1997 Revised: July 1, 2006
File: JK*-2
Discipline of Students with Disabilities Students with disabilities are neither immune from the district’s disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan, and this policy. Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of this student's IEP and/or behavioral intervention plan. Suspension Students with disabilities may be suspended for up to 10 school days in any give school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive educational services. Upon the eleventh school day of suspension or removal when such suspension or removal does not result in a disciplinary change of placement, educational services shall be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. School personnel, in consultation with at least one of the student’s teachers, shall determine the educational services to be provided to the student during this period of suspension or removal. Manifestation determination Prior to expulsion or other disciplinary change in placement the student’s parents shall be notified of the decision to take such disciplinary action and of their procedural safeguards. This notification shall occur not later than the date on which such decision is made. Within 10 school days from the date of the decision to expel the student or take other disciplinary action that will result in a disciplinary change of placement, the student’s parents and relevant members of the student’s IEP team shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents, to determine whether the student’s behavior was a manifestation of the student’s disability. The team shall determine: (1) whether the student’s behavior was caused by, or had a direct and substantial relationship to, the student’s disability; and (2) whether the student’s behavior was the direct result of the school’s failure to implement the student’s IEP. If the answer to either of these two questions is “yes,” the student’s behavior shall be deemed to be a manifestation of the student’s disability. 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. During any period of expulsion or other disciplinary change of placement educational services shall be provided as determined by the student’s IEP team to enable the student to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals of his or her IEP. Within a reasonable amount of time after determining that the student’s behavior is not a manifestation of the student’s disability, the student may receive, as appropriate, a functional
behavioral assessment (“FBA”). In addition, a behavioral intervention plan (“BIP”) may be developed for the student, as appropriate. If a BIP has already been developed, the BIP may be reviewed and modified, as appropriate. Disciplinary action and/or alternative placement for behavior that is a manifestation If the team determines that the student’s behavior is a manifestation of the student’s disability, expulsion proceedings or other disciplinary change of placement will be discontinued. However, the student may be placed in an alternative placement or the student’s placement may be otherwise changed, in accordance with governing law. Within a reasonable amount of time after determining that the student’s behavior is a manifestation of the student’s disability, the student’s IEP team shall: (1) conduct an FBA of the student, unless an FBA has already been conducted; and (2) implement a BIP for the student. If a BIP has already been developed, the IEP team shall review it and modify it as necessary to address the student’s behavior. Placement in an alternative setting for 45 school days School personnel may remove a student with disabilities to an appropriate alternative setting for not more than 45 school days if: 1. 2. 3. 4. 5.
the student carried a weapon to school or a school function; the student possessed a weapon at school or a school function; the student possessed or used illegal drugs at school or a school function; the student sold or solicited the sale of a controlled substance at school or a school function; the student inflicted serious bodily injury on another person while at school or a school function; or 6. a hearing officer so orders. Such removal to an alternative setting is permissible even if the student’s behavior is determined to be a manifestation of the student’s disability. The student’s IEP team shall determine the educational services to be provided to the student in the alternative setting. Students not identified as disabled Students who have not been identified as disabled shall be subjected to the same disciplinary measures applied to students without disabilities if the district had “knowledge” of the student’s disability. The District is deemed to have knowledge of the student’s disability if: 1. 2. 3.
the student’s parent has expressed concern in writing to appropriate district supervisory or administrative personnel, or the student’s teacher, that the student is in needs of special education and related services; the student’s parent has requested an evaluation; or the student’s teacher or other district personnel have expressed specific concerns about the student’s pattern of behavior directly to the director of special education or other district supervisory personnel
If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited. The district shall not be deemed to have knowledge that the student is a child with a disability if the parent has not allowed an evaluation of the student, or the student has been evaluated and it was determined that he or she is not a child with a disability. LEGAL REFS.:
C.R.S. 22-33-106 (1)(c) C.R.S. 22-20-101 et seq. (Exceptional Children’s Educational Act) 20 U.S.C. § 1401 et seq. (Individuals with Disabilities Education
Improvement Act of 2004 CROSS REF.:
IHBA, Special Education Programs for Students with Disabilities JIC -- Student Conduct, and subcodes JK -- Student Discipline, and subcodes JRA/JRC -- Student Records/Release of Information on Students
Eagle County School District, Re50J Adopted: June 23, 1993 Revised: July 1, 2001
File: JKA
Use of Physical Intervention In dealing with disruptive students, any person employed by the District may, within the scope of his/her employment, use reasonable and appropriate physical intervention or force as necessary for the following purposes: 1.
To prevent a student from an act of wrong-doing;
2.
To quell a disturbance threatening physical injury to others;
3.
To obtain possession of weapons or other dangerous objects upon a student or within the control of a student;
4.
For the purpose of self-defense;
5.
For the protection of persons or property;
6.
To maintain discipline.
Any such acts are not in conflict with the legal definition of child abuse and shall not be construed to constitute physical intervention within the meaning and intention of this policy. Under no circumstances shall a student be physically held for more than five minutes unless the provisions regarding restraint (contained in the regulation) are followed. Any method or device used to involuntarily limit a student's freedom of movement, including physical force, mechanical restraint, physical restraint, chemical restraint or seclusion, shall be in compliance with state law on protecting persons from restraint. The superintendent shall develop procedures and a training program related to the use of restraint consistent with this policy and state law. No corporal punishment shall be administered to student by anyone in any district school. LEGAL REF.:
C.R.S. 18-1-703 (use of physical force by those supervising minors) C.R.S. 18-6-401 (1) (definition of child abuse) C.R.S. 19-1-103 (1) (definition of abuse and neglect) C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code) C.R.S. 22-32-109.1 (2)(a)(IV) (policy required as part of safe schools plan) C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law) C.R.S. 26-20-102 et seq. (protection of persons from restraint)
Eagle County School District, Re50J Adopted: July 1, 2000
File: JKA-R
Use of Physical Intervention A. Corporal punishment Consistent with state law and administrative policy, corporal punishment shall not be administered to students by anyone in any district school. B. Physical intervention other than restraint Persons employed by the District may use reasonable and appropriate physical intervention or force in the scope of their employment as necessary for the following purposes: 1.
To prevent a student from an act of wrong-doing.
2.
To quell a disturbance threatening physical injury to others.
3.
To obtain possession of weapons or other dangerous objects upon a student or within the control of a student.
4.
For the purpose of self-defense.
5.
For the protection of persons or property.
b.
To maintain discipline.
Under no circumstances shall a student be physically held for more than five minutes unless the provisions regarding restraint below are followed. C. Restraint 1. Definitions Restraint is defined under state law and this policy as any method or device used to involuntarily limit freedom of movement, including but not limited to bodily physical force, mechanical devices, chemical restraint, physical restraint and seclusion. Restraint does not include: a.
the use of protective or adaptive devices for providing physical support, prevention of injury or voluntary or life-saving medical procedures,
b.
the holding of a student for less than five minutes by a staff person for protection of the student or other persons,
4.
the use of time-out.
Time-out is the placement of a student alone in a room or in a specified area of a room for the purpose of allowing the student to think about inappropriate behavior prior to rejoining class or other school-related activity. Egress from time-out rooms or areas shall not be involuntarily prevented. Seclusion is the placement of a student alone in a room from which egress is involuntarily prevented. 2. Basis for use of restraint
Staff may use restraint only in cases of emergency when other less restrictive alternatives have failed or the staff member determines that such alternatives would be inappropriate or ineffective under the circumstances. An emergency is a serious, probable, imminent threat of bodily harm to self or others where there is the present ability to effect such bodily harm. The purpose for using restraint shall be to prevent the continuation or renewal of the emergency. Restraint shall only be used for the period of time necessary to accomplish its purpose. In no event shall physical force be used beyond that which is necessary to limit the student's freedom of movement. 3. Duties relating to the use of restraint The staff member responsible for the restraint shall monitor any student held in a mechanical restraint at least every fifteen minutes to assure that the student is properly positioned, the student's blood circulation is not restricted, the student's airway is not obstructed, and the student's other physical needs are met. No physical or mechanical restraint of a student shall place excess pressure on the student’s chest or back or inhibit or impede the student's ability to breathe. A staff member shall observe the student at regular intervals to check on breathing ability. A chemical restraint shall be given only on the order of a physician who has determined, either while present during the course of the emergency or after telephone consultation with a registered nurse, certified physician assistant, or other authorized staff member who is present at the time and site of the emergency and who has participated in the evaluation of the student, that such form of restraint is the least restrictive, most appropriate alternative available. For students in mechanical restraints, staff members shall provide relief periods, except when the individual is sleeping, of at least ten minutes as often as every two hours, so long as relief from the mechanical restraint is determined to be safe. During such relief periods, the staff member shall take reasonable steps to ensure proper positioning of the student and provide movement of limbs, as necessary. In addition, during such relief periods, a staff member shall provide assistance for use of appropriate toiletting methods, as necessary. The student’s dignity and safety shall be maintained during relief periods. Relief periods from seclusion shall be provided for reasonable access to toilet facilities. A student in physical restraint shall be released from such restraint within fifteen minutes after the initiation of physical restraint, except when precluded for safety reasons. 4. Staff training Staff shall receive annual in-service training on the appropriate use of restraint. The training shall include the requirement that staff explain, where possible, the use of restraint to the individual who is to be restrained and to the individual's family if appropriate. 5. Documentation and review As soon after as is practicable, staff shall make an appropriate notation of the use of restraint in the student's record and notify the building principal of the use of restraint. The principal shall review the use of restraint to determine whether it was in compliance with state law, Board policy, and this regulation. An order for a chemical restraint, along with reasons for its issuance, shall be recorded in writing at the time of its issuance. A physician shall sign the order at the time of its issuance, if present at the time of the emergency. If authorized by telephone, the order shall be transcribed and signed at the time of its issuance by an individual with the authority to accept telephone medication orders.
Staff trained in the administration of medication shall make notations in the student’s record as to the effect of the chemical restraint and the individual’s response to the chemical restraint. Staff members shall note in the record of the student being restrained by mechanical restraints the relief periods granted. NOTE: Specific laws regarding seclusion of students with mental illness apply. If the school has been designated by the executive director of the department of human services to provide treatment to a mentally ill student, seclusion may be used to eliminate a continuous and serious disruption of the treatment environment. NOTE: Specific laws regarding the restraint of students with developmental disabilities apply. Please seek the advice of counsel when developing plans for students with developmental disabilities to ensure that development and implementation of plans is consistent with state and federal law. Eagle County School District, Re50J Adopted: July 1, 2000
File: JKBA*
Disciplinary Removal from Classroom It is the District's policy to maintain classrooms in which student behavior does not interfere with the ability of the teacher to teach effectively or the ability of other students to participate in classroom learning activities. Students shall be expected to abide by the code of conduct included in its administrative policies and any other appropriate classroom rules of behavior established by the building principal and/or classroom teacher for the purpose of maintaining order and a favorable academic atmosphere. Any student who violates the code of conduct or other classroom rules may be subject to removal from class and/or disciplinary action. Student removal from class is a serious measure and should not be imposed in an arbitrary, casual or inconsistent manner. Behavioral expectations are always more constructive and more likely to be followed when they are communicated as clearly as possible to students. However, it is neither possible nor necessary to specify every type of improper or inappropriate behavior, or every circumstance that would justify removal from class under this policy. Teachers are expected to exercise their best professional judgment in deciding whether it is appropriate to remove a student from class in any particular circumstance. All instances of formal removal from class shall be documented. A teacher is authorized to immediately remove a student from the teacher’s classroom if the student’s behavior: a. violates the code of conduct adopted by the District; b. is dangerous, unruly, or disruptive; or c. seriously interferes with the ability of the teacher to teach the class or other students to learn. A student with a disability may be removed from class and placed in an alternative educational setting only to the extent authorized by state and federal laws and regulations. Removal from class under this policy does not prohibit the District from pursuing or implementing additional disciplinary measures, including but not limited to detentions, suspensions, or expulsions for the conduct or behavior for which the student was removed.
The superintendent is directed to establish procedures to implement this policy so that removals from a classroom occur in a consistent manner throughout the District. Parents/guardians shall be notified of the student’s removal from class in accordance with established procedures. LEGAL REF.:
C.R.S. 22-32-109.1 (2)(a)(II) (policy required as part of safe school plan)
CROSS REFS.:
JIC, subcodes (all pertain to student conduct) JK, Student Discipline, and subcodes
Eagle County School District, Re50J Adopted: July 1, 2000 Revised: July 1, 2001
File: JKBA*-R
Disciplinary Removal from Classroom It is the district's policy to maintain classrooms in which student behavior does not interfere with the ability of the teacher to teach effectively or the ability of other students to participate in classroom learning activities. Students shall be expected to abide by the code of conduct included in its administrative policies and any other appropriate classroom rules of behavior established by the building principal and/or classroom teacher for the purpose of maintaining order and a favorable academic atmosphere. Any student who violates the code of conduct or other classroom rules may be subject to removal from class and/or disciplinary action. Student removal from class is a serious measure and should not be imposed in an arbitrary, casual or inconsistent manner. Behavioral expectations are always more constructive and more likely to be followed when they are communicated as clearly as possible to students. However, it is neither possible nor necessary to specify every type of improper or inappropriate behavior, or every circumstance that would justify removal from class under this policy. Teachers are expected to exercise their best professional judgment in deciding whether it is appropriate to remove a student from class in any particular circumstance. All instances of formal removal from class shall be documented. A teacher is authorized to immediately remove a student from the teacher’s classroom if the student’s behavior: 1. violates the district’s code of conduct; 2. is dangerous, unruly, or disruptive; or 3. seriously interferes with the ability of the teacher to teach the class or other students to learn. A student with a disability may be removed from class and placed in an alternative educational setting only to the extent authorized by state and federal laws and regulations. Removal from class under this policy does not prohibit the district from pursuing or implementing additional disciplinary measures, including but not limited to detentions, suspensions, or expulsions for the conduct or behavior for which the student was removed. The superintendent shall establish procedures to implement this policy so that removals from a classroom occur in a consistent manner throughout the district. Parents/guardians shall be notified of the student’s removal from class in accordance with established procedures. LEGAL REF.: C.R.S. 22-32-109.1 (2)(a)(II) (policy required as part of safe school plan) CROSS REFS.: Administration policies:
JIC, subcodes (all pertain to student conduct) JK, Student Discipline, and subcodes Board policies: EL-3, Treatment of Students, Parents and Community El-17, Student Conduct and Discipline EL-19, School Safety Eagle County School District, Re50J Adopted: October 24, 1979 Revised: July 1, 2004 (legal reference only)
File: JKD/JKE
Suspension/Expulsion of Students The Board of Education shall provide due process of law to students, parents, and school personnel through written procedures consistent with law for the suspension or expulsion of students and the denial of admission. As an alternative to suspension, the principal or designee at his discretion may permit the student to remain in school with the consent of his teachers if his parent, guardian, or legal custodian attends class with the student for a period of time specified by the principal or designee. If the parent, guardian, or legal custodian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the accompanying regulations. This alternative to suspension shall not be used if expulsion proceedings have been or are about to be initiated or if the principal or designee determines that the student's presence in school, even if accompanied by a parent, would be disruptive to the operations of the school or be detrimental to the learning environment. Delegation of authority 1. The Board of Education delegates to the principals of the school district or to a person designated in writing by the principal the power to suspend a student in his school for not more than five school days on the grounds stated in C.R.S. 22-33-106(1)(a), (1)(b), (1)(c) or (1)(e) or not more than 10 school days on the grounds stated in C.R.S. 22-33-106 (1)(d) unless expulsion is mandatory under law (see exhibit coded JKD/JKE-E), but the total period of suspension shall not exceed 25 school days. 2.
The Board of Education delegates to the superintendent of schools the authority to suspend a student, in accordance with C.R.S. 22-33-105, for an additional 10 school days plus up to and including an additional 10 days necessary in order to present the matter to the Board.
3.
Unless otherwise determined by the Board, the Board of Education delegates to the superintendent of schools or to a designee who shall serve as a hearing officer the authority to deny admission to or expel for any period not extending beyond one year any student whom the superintendent, in accordance with the limitations imposed by Title 22, Article 33, of the Colorado Revised Statutes, shall determine does not qualify for admission to or continued attendance at the public schools of the district. If the hearing is conducted by a designee serving as a hearing officer, the hearing officer shall prepare findings of fact and recommendations for the superintendent at the conclusion of the hearing. The superintendent shall render a written opinion in the expulsion matter within five days after the hearing whether the hearing is conducted by the hearing officer or the superintendent. The superintendent shall report on each case acted upon at the next meeting of the Board, briefly describing the circumstances and the reasons for his action. Such denial of admission or expulsion by the superintendent shall be subject to appeal to the Board. The appeal shall consist of a review of the facts that were presented, arguments relating to the decision and
questions of clarification from the Board. Expulsion for unlawful sexual behavior or crimes of violence When a petition is filed in juvenile court or district court that alleges a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled. The information shall be used by the District to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The District shall take appropriate disciplinary action, which may include suspension or expulsion, in accordance with the student code of conduct and related policies. The District may determine to wait until the conclusion of court proceedings to consider expulsion, in which case it shall be the responsibility of the district to provide an alternative educational program for the student as specified in state law. Annual reports The Board annually shall report to the State Board of Education the number of students expelled from district schools for disciplinary reasons or for failure to submit certificates of immunization. Expelled students shall not be included in calculating the dropout rate for the school or the district. Information to parents Upon expelling a student, district personnel shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion, including the right of parents to request that the district provide services during the expulsion. If the parent or guardian chooses to provide a home based education program for the student, district personnel assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian. If a student is expelled for the remainder of the school year and is not receiving educational services through the district pursuant to policy JKF, the school district shall contact the expelled student's parent or guardian at least once every 60 days until the beginning of the next school year to determine whether the child is receiving educational services from some other source. LEGAL REFS.:
C.R.S. 16-22-102(9) (unlawful sexual behavior) C.R.S. 18-1.3-406 (crime of violence) C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code) C.R.S. 22-32-109.1 (2)(a)(V) (policy required as part of safe schools plan) C.R.S. 22-32-109.1 (3) (agreements with state agencies) C.R.S. 22-33-105 (suspension, expulsion and denial of admission) C.R.S. 22-33-106 (grounds for suspension, expulsion and denial of admission) C.R.S. 22-33-106.3 (use of student’s written statements in expulsion hearings) C.R.S. 22-33-106.5 (information concerning offenses committed by students) C.R.S. 22-33-107 (compulsory attendance law) C.R.S. 22-33-107.5 (notice of failure to attend) C.R.S. 22-33-108 (juvenile judicial proceedings) C.R.S. 25-4-903(1) (immunization)
CROSS REFS.:
ECAC -- Vandalism
GBGB -- Staff Personal Security and Safety JEA -- Compulsory Attendance Ages JHD -- Exclusions and Exemptions from School Attendance JIC-- Student Conduct, and subcodes JK-2 -- Discipline of Students with Disabilities JKF -- Educational Alternatives for Expelled Students Eagle County School District, Re50J Adopted: August 14, 1996 Revised: July 1, 2004
File: JKE/JKD-R
Suspension/Expulsion of Students A.
Procedure for suspension of 10 days or less Through written policy the Board of Education has delegated to any school principal the power to suspend a student for not more than 10 days, depending upon the type of infraction. The superintendent has been delegated the power to suspend a student for additional periods of time. (See accompanying policy.) However, the total period of suspension shall not exceed 25 school days. As a general rule, a suspension will be 10 days or less. The following procedures will be followed in any suspension, unless the student is suspended pending an expulsion proceeding, in which case the expulsion procedures shall apply. When the term “parent/guardian� is used, it refers to the parent/guardian of students under 18 years of age; if the student is 18 years or older, if refers to the student. All references to parent/guardian are intended to also include legal custodian. 1.
Notice. The principal, his designee or the superintendent at the time of contemplated action will give the student or parent/guardian notice of the contemplated action. Such notice may be oral or in writing. If oral, such notice will be given in person. If written, delivery may be by United States mail addressed to the last known address of the student or his parent/guardian.
2.
Contents of notice. The notice will contain the following basic information: a.
A statement of the charges against the student.
b.
A statement of what the student is accused of doing.
c.
A statement of the basis of the allegation. Specific names may be withheld if necessary to shield a witness.
This information need not be set out formally but should sufficiently inform the student or his parent/guardian of the basis for the contemplated action. 3.
Informal hearing. The student will be given an opportunity to admit or deny the accusation and to give his version of the events. The administrator may go further in allowing the student to present witnesses or may himself call the accuser and hold a more extensive hearing in order to make a proper decision on the contemplated action.
4.
Timing. The notice and informal hearing should precede removal of the student from school. There need be no delay between the time notice is given and the time of the hearing.
B.
5.
If the student's presence in school presents a danger. Notice and an informal hearing need not be given prior to removal from school where a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In this case, an informal hearing shall follow as soon after the student’s removal is practicable.
6.
Notification following suspension. If a student is suspended the administrator delegated the authority to suspend will immediately notify the parent/guardian that the student has been suspended, the grounds for such suspension, and the period of such suspension. The notification will include the time and place for the parent/guardian to meet with the administrator to review the suspension.
7.
Removal from school grounds. A suspended student must leave the school building and the school grounds immediately after the parent/guardian and administrator have determined the best way to transfer custody of the student to the parent/guardian.
8.
Re-admittance. No student will be readmitted to school until, in the opinion of the administrator, the parent/guardian has substantially agreed to review the suspension with the administrator. However, if the administrator cannot contact the parent/guardian or if the parent/guardian repeatedly fails to appear for scheduled meetings, the administrator may readmit the student. The meeting shall address whether there is a need to develop a remedial discipline plan for the student in an effort to prevent further disciplinary action.
9.
Make-up work. Suspended students shall be provided an opportunity to make up school work during the period of suspension, so the student is able to reintegrate into the educational program of the district following the period of suspension. Students may receive 100% credit for makeup work which is completed satisfactorily.
Procedure for expulsion or denial of admission In the event that the Board of Education contemplates action denying admission to any student or prospective student or expelling any student, the following procedures will be followed: 1.
Notice. Not less than 5 days prior to the date of the contemplated action, the Board of Education or an appropriate administrative officer of the district will cause written notice of such proposed action to be delivered to the student and his parent/guardian. Such delivery may be by United States mail addressed to the last know address of the student or the student’s parent/guardian.
2.
Emergency Notice. In the event it is determined that an emergency exists necessitating a shorter period of notice, the period of notice may be shortened provided that the student or his parent/guardian have actual notice of the hearing prior to the time it is held.
3.
Contents of Notice. The notice will contain the following basic information: a.
A statement of the basic reasons alleged for the contemplated denial of admission or expulsion.
b.
A statement that a hearing on the question of expulsion or denial of admission will be held if requested by the student or his parent/guardian within 5 days after the date of the notice.
4.
c.
A statement of the date, time, and place of the hearing in the event one is requested.
d.
A statement that the student may be present at the hearing and hear all information against him, that he will have an opportunity to present such information as is relevant, and that he may be accompanied and represented by his parent/guardian and an attorney.
e.
A statement that failure to participate in such hearing constitutes a waiver of further rights in the matter.
Conduct of hearing. A hearing may be requested by the parent/ guardian. Such hearing will be conducted by the superintendent. The hearing may be conducted in open session or may be closed except to those individuals deemed advisable by the superintendent but including in all events the student, his parent/guardian and, if requested, an attorney. Such individuals as may have pertinent information will be admitted to a closed hearing to the extent necessary to provide such information. Testimony and information may be presented under oath. However, technical rules of evidence will not be applicable, and the superintendent may consider and give appropriate weight to such information or evidence he deems appropriate. The student’s written statement, if any, may be presented as evidence in accordance with applicable law. The student or his representative may question individuals presenting information. A sufficient record of the proceedings will be kept so as to enable a transcript to be prepared in the event either party so requests. Preparation of the transcript will be at the expense of the party requesting the same. The superintendent will prepared specific factual findings and issue a written decision within five days after the hearing.
5.
Appeal: Within 10 days after the decision of the superintendent, the student may appeal the decision to the Board. Failure to request an appeal within 10 days shall result in a waiver of the right to appeal and the superintendent's decision shall become final. If an appeal is properly requested, the Board will review the record concerning the expulsion. The record includes notices and other documents concerning the suspension and expulsion, the transcript of the testimony, if any, the hearing exhibits, the findings and recommendation of the superintendent, the superintendent’s written decision, and other documents concerning the expulsion. The student may be represented by counsel at the appeal. Representatives of the district and the parents may make brief statements to the Board, but no new evidence may be presented unless such evidence was not reasonably discoverable at the time of the hearing. Members of the Board may ask questions for purposes of clarification of the record. The Board will make final determination regarding the expulsion of the student and will inform the student and his parent/guardian of the right to judicial review.
6.
Parental responsibility. Upon expelling a student, district personnel shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion, including the right to request that the district provide services during the expulsion. If the parent
or guardian chooses to provide a home-based education program for the student, district personnel shall assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian. If a student is expelled for the remainder of the school year, the school district shall contact the expelled student's parent or guardian at least once every 60 days until the beginning of the next school year to determine whether the child is receiving educational services. District personnel need not contact the parent or guardian after the student is enrolled in another school district or in an independent or parochial school, or if the student is committed to the department of human services or sentenced to a juvenile or adult detention facility. 7.
C.
Re-admittance. No student will be readmitted to school until after a meeting between the principal or designee and the parent/guardian has taken place except that if the administrator cannot contact the parent/guardian or if the parent/guardian repeatedly fails to appear for scheduled meetings, the administrator may readmit the student.
Procedure for expulsion for crimes of violence or unlawful sexual behavior The following procedures will apply when the district receives notification that a student has been charged in juvenile or district court with a crime of violence or unlawful sexual behavior, as those terms are defined by state law. 1.
The Board or its designee will make a preliminary determination whether it will proceed with an expulsion hearing, based on the following factors. a.
Whether the student has exhibited behavior that is detrimental to the safety, welfare and morals of other students, or school personnel.
b.
Whether educating the student in school may disrupt the learning environment, provide a negative example for other students or create a dangerous and unsafe environment for students, teachers and other school personnel.
The determination may be made in executive session to the extent allowed by state law. 2.
If it is determined that the student should not be educated in the schools of the district, the District may suspend or expel the student, in accordance with the procedures set forth above.
3.
Alternatively, suspension or expulsion proceedings may be postponed, pending the outcome of the court proceedings. If the suspension or expulsion proceedings are postponed, the student will not be permitted to return to school during that period. An appropriate alternative education program, including but not limited to, an online program authorized by state law or a home-based education program will be established for the student during the period pending the resolution of the juvenile proceedings. The time that a student spends in an alternative education program shall not be considered a period of suspension or expulsion.
4.
If the student pleads guilty to the charge, is found guilty, or is adjudicated a delinquent juvenile, the Board or designee may proceed to suspend or expel the student following the procedures set forth in these regulations.
5.
Information regarding the details of the alleged crime of violence or unlawful sexual behavior will be used by the Board or its designee for the purposes set forth in this
policy, but shall remain confidential unless the information is otherwise available to the public by law. Eagle County School District, Re50J Adopted: February 9, 1994 Revised: July 1, 2011
File: JKD/JKE-E
Grounds for Suspension/Expulsion 1.
Continued willful disobedience or open and persistent defiance of proper authority.
2. Willful destruction or defacing of school property. 3. Behavior on or off school property which is detrimental to the welfare or safety of other pupils or of school personnel including behavior which creates a threat of physical harm to the child or other children. 4. Declaration as an habitually disruptive student. a. For purposes of this paragraph, “habitually disruptive student” means a child who has been suspended pursuant to paragraph (1), (2), (3), or (5) of this exhibit three times during the course of the school year for causing a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events because of behavior that was initiated, willful and overt on the part of the child. Any student who is enrolled in a public school may be subject to being declared an habitually disruptive student. b. The student and the parent, legal guardian, or legal custodian shall have been notified in writing of each suspension counted toward declaring the student as habitually disruptive and the student and parent, legal guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent or legal guardian of the definition of “habitually disruptive student”. 5. Serious violations in a school building or in or on school property for which suspension or expulsion shall be mandatory. Expulsion is mandatory for: a. the sale of a drug or controlled substance as defined in C.R.S. 12-22-303 b. the commission of an act which if committed by an adult would be robbery pursuant to Part 3, Article 4, Title 18, C.R.S. or assault pursuant to Part 2, Article 3, Title 18, C.R.S. other than the commission of an act that would be third degree assault under C.R.S. 183-204 if committed by an adult. c.
the carrying, bringing, using or possessing a dangerous weapon without the authorization of the school or school district, except that if a student discovers that he or she has carried, brought or is in possession of a dangerous weapon and the student notifies a teacher, administrator or other authorized person in the school district, and as soon as possible delivers the dangerous weapon to that person, expulsion shall not be mandatory.
As used in paragraph c, “dangerous weapon” means: 1) A firearm, whether loaded or unloaded.
2) Any pellet or BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air. 3) A fixed blade knife with a blade that measures longer than three inches in length or a spring loaded knife or a pocket knife with a blade longer than three and one-half inches. 4) Any object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury. 6. Repeated interference with a school’s ability to provide educational opportunities to other students. 7. Carrying, using, actively displaying, or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm in a school building or in or on school property. 8. Failure to comply with the provisions of Part 9, Article 4, Title 25, C.R.S. (immunization requirements). Any suspension, expulsion or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student’s immunization record with an appropriate explanation. Making a false accusation of criminal activity against a district employee to law enforcement or to the district. According to C.R.S. 22-33-106 (2), subject to the district’s responsibilities under the Exceptional Children’s Education Act and applicable federal law(see policy JK*-2, Discipline of Students with Disabilities), the following shall be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program: 1.
Physical or mental disability such that the child cannot reasonably benefit from the programs available.
2. Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students. Eagle County School District, Re50J Adopted: June 23, 1993 Revised: February 9, 1994
File: JKD/JKE-2
Suspension/Expulsion of Special Needs Students Special education students 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. A special education student may be temporarily suspended from school if exclusion is warranted because of the student's disruptive activities and/or actions which present a physical danger to him(her)self, other students, school personnel, or school property. A special education student whose behavior is determined to be a manifestation of his/her special needs *(handicap) may not be expelled but shall have his/her Individualized Educational Plan reviewed by the appropriate IEP team. The team shall review the IEP for appropriateness of services and the need for a more restrictive or alternate placement. Legal counsel and the Superintendent (or his/her designee) shall be consulted prior to consideration of expulsion of a special education student for misbehavior that is not related to his/her special need. A special education student whose behavior creates a threat of physical harm to him(her)self or other
students may not be expelled if the actions creating the threat are a manifestation of his/her handicap. However, the student shall be removed from the classroom to an appropriate alternative setting within the District for a length of time which is consistent with federal law. Within 10 days, the school in which the student is enrolled shall arrange for a re-examination of his/her IEP to amend the plan as necessary to insure that the needs of the student are addressed in a more appropriate manner or setting which is less disruptive to other students. *This term refers to "handicapping condition" as defined in HB 94-142 and the Individuals With Disabilities Education Act. LEGAL REF.:
20 U.S.C. SS 1400 et seq. C.R.S. 22-33-106m (1)(c)
Eagle County School District, Re50J Adopted: October 12, 1998 Revised: July 1, 2000
File: JKF*
Educational Alternatives for Expelled Students Upon request of a student or the student’s parent/guardian, the district will provide educational services deemed appropriate by the district for any student expelled from the school district. The services will be designed to enable the student to return to the school in which the student was enrolled prior to expulsion, to successfully complete the GED, or to enroll in a non-public, nonparochial school in an alternative school. Educational services includes tutoring, alternative educational programs, including on-line programs authorized by state law, or vocational education programs that provide instruction in the academic areas of reading, writing, mathematics, science and social studies. In addition to educational services, the student or parent/guardian may request any of the services provided by the District through agreements with state agencies and community organizations for at-risk students. The District shall determine the amount of credit the student shall receive toward graduation for the educational services provided. Educational services provided by the District shall be designed to provide a second chance for the student to succeed in achieving an education. While receiving educational services, a student may be suspended or expelled pursuant to the discipline code of the district. Except as required by federal law for special education students, any student who is suspended or expelled while receiving educational services pursuant to this policy shall not receive further services until the period of suspension or expulsion is completed. The educational services may be provided directly by the District or through agreements with state agencies and community organizations entered into pursuant to state law. The services need not be provided on school district property. Serving students who are expelled for conduct or behavior involving a threat of harm to district students or personnel shall be served through a home-study course or in an alternative school setting designed to address such conduct or behavior, at the discretion of the district. The superintendent is directed to apply for moneys through the expelled student services grant program established by Colorado law to assist in providing such services. All expelled students receiving services will be included in the District’s pupil enrollment, including those expelled prior to the October count date.
LEGAL REFS.:
C.R.S. 22-33-201-5 C.R.S. 22-33-203 C.R.S. 22-33-204 C.R.S. 22-33-205
CROSS REFS.:
JIC -- Student Conduct, and subcodes
Eagle County School District, Re50J Adopted: October 12, 1998
File: JKF*-R
Educational Alternatives for Expelled Students Parents/guardians shall be notified in writing at the beginning of each school year of their right to request services from the District if their child is expelled. In addition, written notification shall be provided to the parent/guardian at the time of any expulsion. All requests for services for expelled students must be made in writing to the principal or the principals designee by the student or the student’s parent/guardian within 10 school days of the expulsion. Within the 10 school days of receiving the request, the principal will notify the student and the parent/guardian of the goal in providing educational services, the services to be provided by the district and the amount of credit the student will receive.
Eagle County School District, Re50J Adopted: July 1, 2000
File: JKG* Page 533 of 610
Expulsion Prevention District personnel shall enforce provisions of the student code of conduct so that students demonstrating unacceptable behavior and their parents, guardians or legal custodians understand that such behavior shall not be tolerated and shall be dealt with according to the code. However, it is the belief of the District that all available alternatives should be explored to help students who are at risk of expulsion before expulsion becomes a necessary step. Expulsion shall be regarded as a punishment of last resort unless a student’s behavior would cause imminent harm to others in the school, or when state law or the school’s conduct and discipline codes require automatic expulsion. The principal of each school shall work with the professional staff to identify students who are at risk of suspension or expulsion. Among those students who may be at risk are those who have been or are likely to be declared habitually truant or habitually disruptive. The District, working with the student’s parent/guardian, shall provide students who are identified as at risk of suspension or expulsion with a plan to provide necessary support services to help them avoid expulsion. Services may include: 1.
educational services (tutoring, alternative educational programs or vocational programs that provide instruction in the academic areas of reading, writing, mathematics, science and social studies).
2.
counseling services.
3.
drug or alcohol addiction treatment programs.
4.
family prevention services.
In some cases, a remedial discipline plan may be the means by which various intervention and prevention services are identified and made available to a student. Support services may be provided through agreements with appropriate local governmental agencies, community-based organizations and institutions of higher education. The failure of the District to identify a student for participation in an expulsion prevention program or the failure of such program to remediate a student’s behavior shall not be grounds to prevent school personnel from proceeding with appropriate disciplinary measures. LEGAL REF.:
C.R.S. 22-33-202
Eagle County School District, Re50J Adopted: May 24, 1989
File: JLA
Student Insurance Programs A student accident insurance program providing broad coverage at nominal cost to parents shall be made available to all students. Such protection, when purchased by the parent, shall cover the student while at school, on the way to and from school, and when engaged in school-sponsored activities either on school grounds or elsewhere. Through this plan, additional insurance coverage may also be purchased which will cover students participating in interscholastic athletics. Before any student will be permitted to participate in an school sports activities, this insurance must be purchased or a waiver must be presented that absolves the Eagle County School District of any liability for accidents. Eagle County School District, Re50J Adopted: April 9, 1980 Revised: July 1, 2003
File: JLC
Student Health Services and Records The Board of Education of the Eagle County School District Re50J believes that... ... ... ... ... ... ...
an optimal level of wellness of all students is essential to maintain excellence in education. school health should enhance the educational process by the modification or removal of health-related barriers to learning. the primary responsibility for a student’s health rests with his/her parents/ guardians. student learning is enhanced by a healthful school environment. school health is the process of coordinating health between school, the home, and the health care provider. the school nurse is the primary coordinator, facilitator, and educator in planning, assessing, implementing, and evaluating school health programs.
The goals and objectives of the School Health Services Program are to: 1. 2. 3. 4. 5. 6.
Promote an optimal level of wellness for students. Identify health problems and needs of students. Assist students in becoming increasingly responsible for their own health and the management of their own health. Provide health education and health counseling for students, parents, and school personnel. Maintain a liaison with primary health care providers. Maintain a liaison between parents/guardians, teachers, and students regarding health
7. 8. 9. 10.
problems and concerns. Provide direct and temporary health care services for students who become ill or injured at school. Promote environmental safety and awareness of health and environmental hazards within the school. Collaborate and cooperate with community health programs/agencies. Maintain pertinent and current student health records.
REGULATIONS: Characteristics of the School Nurse Role: 1. School nurses must be licensed, registered nurses in the state of Colorado and must hold a valid Type “E� School Nurse certificate issued by the Colorado Department of Education. 2.
School nurses shall be evaluated by the Assistant Superintendent (or his/her designee) and will be directly supervised by the building principal when scheduled to provide services within each building.
3.
The school nurse is responsible for the management of the school health program in assigned buildings. The program shall consist of several services areas (e.g. health supervision, health counseling, and health education.)
Health Supervision includes the following: 1. Obtaining a health history on all new students. 2.
Enforcing the Colorado Immunization Law.
3.
Providing emergency care for students and staff who are sick or injured at school.
4.
Conducting mandatory vision and hearing screenings in grades K-3, 5,7, and 9 as well as for any student referred by a parent/guardian or teacher.
5.
Conducting scoliosis screenings in grades 6, 7, and 8.
6.
Assessing and monitoring the health of chronically ill students and developing a health care plan (as appropriate) for these students.
7.
Providing the health component for students who are evaluated for special education services, and developing and implementing the health care plan in accordance with state and federal regulations for handicapped children.
8.
Monitoring students with communicable diseases.
9.
Promoting a safe physical setting.
10.
Maintaining current and pertinent health records on all students. Health records shall be maintained by the nursing staff and kept in a separate and secure health file in the school health office. Access to the health files shall be limited to only those school personnel who have a specific and legitimate educational interest in the information for use in furthering a student’s academic achievement or maintaining a safe and orderly teaching environment. The nursing staff shall maintain a log showing who has been given access, when access occurred and to which specific records.
11.
Reporting suspected child abuse cases.
Health Counseling: 1. Health counseling shall include the following responsibilities: a. Interpretation of health information to students, parents/guardians, and appropriate teachers. b.
Guidance and counseling regarding healthy lifestyles.
c. Recommendations regarding health conditions including referrals to family physicians and community resources. d. Students should be made aware of the time the school nurse is in their building so that student health counseling can take place if the student desires. Health Education: 1. The school nurse’s role in health education shall include: a.
Participation in the development of the District’s health curriculum.
b.
Serving as a resource for classroom teachers in health education.
c.
Providing inservices to faculty and parents on pertinent health topics.
d.
Serving as a resource to school staff in the area of health and related needs.
LEGAL REF.:
C.R.S. 22-1-116 (vision and hearing tests) C.R.S. 22-32-019 (i)(ee) (duty to adopt a policy prohibiting personnel from recommending or requiring certain drugs for students or ordering behavior tests without parent permission) C.R.S. 22-32-110 (1)(bb) (power to recommend examinations of students) C.R.S. 22-33-106 (2) (grounds for suspension, expulsion, denial of admission) C.R.S. 25-4-901 et seq. (school entry immunization) C.R.S. 25-6-102 (dissemination of contraceptive information) 20 U.S.C. 7906 (prohibition against the use of Title I funds to operate a program of contraception in the schools contained in No Child Left Behind Act of 2001)
CROSS REF.:
JHD, Exclusions and Exemptions from School Attendance JLCB, Immunization of Students JLCC, Communicable/Infectious Diseases JLCCA, Students with HIV/AIDS JLCD, Administering Medicines to Students JLCEA*, Students with Special Health Needs
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2003
File: JLCA
Physical Examinations of Students Physical examinations are highly recommended for all students new to this district and for students entering grades four, seven, and ten.
In any case where physical exercise is rather strenuous (such as physical education classes) and a student has any physical impairment, the student may be required to present authorization from a physician for such participation. Students may be excused from physical education activities and from curricular requirements relating to physical education activities upon the statement from a physician that such participation would be injurious to their health. Teachers shall be alert to the general well-being of students and shall refer any questionable situations to the building principal. Parental Consent Parental consent shall be required for all examinations noted above if given by a school physician or under auspices of the school. However, parental consent shall not be mandatory to refer a student to public health or other doctors for medical services in connection with pregnancy, venereal disease, alcohol use, or drug abuse. The Eagle County School District shall encourage students to seek health services related to such problems with or without parental consent. As otherwise provided by law, parents/guardians and eligible students (students 18 years of age) shall receive notice and have the opportunity to opt a student out of any non-emergency, invasive physical examination or screening (such as routine hearing, vision, and dental screenings) that is: 1. normally required as a condition of attendance; 2. administered by the school and scheduled by the school in advance; and 3. not necessary to protect the immediate health and safety of the student, or other students. LEGAL REF.:
C.R.S. 18-6-101 (abortion definitions) C.R.S. 25-4-402 (venereal disease diagnosis and reporting) C.R.S. 25-6-102 (prohibitions against restrictions regarding contraceptives) 20 U.S.C. 1232(c) (parent consent for non-emergency physical examination or screening)
CROSS REF.:
IMBB, Exemptions from Required Instruction JLDAC, Screening/Testing of Students
Eagle County School District, Re50J Adopted: January 28, 1981 Revised: August 13, 1997
File: JLCB
Immunization of Students No student is permitted to attend or continue to attend any school in this District without meeting the legal requirements of immunization against disease unless the student has a valid exemption for health, religious, personal or other reasons as provided by law. Students who do not submit an up to date certificate of immunization or a written authorization signed by one parent or guardian requesting local health officials to administer the immunizations or a valid exemption will be suspended and/or expelled from school according to regulation JLCB-R. All information distributed to parents by the District will inform them of their rights to seek an exemption for immunization requirements. LEGAL REF:
C.R.S. 22-33-106 C.R.S. 25-4-901 et. seq.
6 CCR 1009-2 CROSS REF:
JHD -- Exclusions and Exemptions from School Attendance JID -- Students of Legal Age JKD/JKE -- Student Suspension/Expulsion
Eagle County School District, Re50J Adopted: August 13, 1997 Revised: July 1, 2001
File: JLCB-R
Immunization of Students 1.
No student may attend school in the District unless the student has presented to the school an up to date certificate of immunization or a completed exemption form. [Note: please refer to current Health Department schedules for immunization requirements.] A student shall be exempted only upon submission of: a. certification from a licensed physician that the physical condition of the child is such that immunization would endanger the child’s life or health b. statement signed by one parent/guardian or the emancipated child that he or she adheres to a religious belief whose teachings are opposed to immunizations c.
statement signed by one parent/guardian or the emancipated child that he or she holds a personal belief that is opposed to immunizations
In the event of an outbreak of disease against which immunization is required, no exemption will be recognized and those students will be excluded from school. 2.
The District will provide upon request an immunization form as required by the Health Department. The school nurse is responsible for seeing that required information is included on the form.
3.
If there is a failure to comply with the immunization requirements, the principal will personally notify the parent/guardian or emancipated student. Such notification will be accomplished either by telephone or in person. If this is not possible, contact will be by mail. Students age 18 and over or otherwise emancipated must be contacted directly rather than through their parents. The parent or emancipated student will be notified of the following: a. that up to date immunizations are required under Colorado law b. that within fourteen (14) days of notification, the parent must submit either an authorization for administration of the immunization by health officials or a valid exemption or documentation to the school showing that the next required immunization has been given and a written plan for completion of all required immunizations c.
4.
that if the required documentation is not submitted within fourteen (14) days of notification or if the student begins but does not continue or complete the written plan, the student will be suspended or expelled.
A student who fails to comply will be suspended by the principal for up to five days and notice of the suspension sent to the Health Department.
5.
If no certificate of immunization is received during the period of suspension, the Superintendent will institute proceedings for expulsion.
6.
Any suspension or expulsion under this policy will terminate automatically upon compliance.
7.
Record of any such suspension or expulsion will be contained in the student’s health file, with an appropriate explanation -- not in the student’s disciplinary file.
8.
Any student expelled for failure to comply with the immunization requirements will not be included in calculating the dropout rate, but will be included in the annual report to the State Board of Education.
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: November 11, 1992
File: JLCC
Communicable/Infectious Diseases The Eagle County School District is required to provide educational services to all school age children who reside within its boundaries. By law, however, admission to school may be denied to any child diagnosed as having a disease whereby his/her attendance could be harmful to the welfare of other students, subject to the District's responsibilities to handicapped children under the law. The Board of Education recognizes that communicable diseases which may afflict students range from common childhood diseases, acute, and short-term in nature, to chronic, life-threatening diseases such as Acquired Immune Deficiency Syndrome (AIDS). The Eagle County School District shall rely on the advice of the medical community in assessing the risk of transmission of various communicable diseases to determine how best to protect the health of both students and staff. Management of common communicable diseases shall be in accordance with Colorado Department of Health guidelines. A student who exhibits symptoms of a communicable disease shall be referred to the school nurse and/or building principal and may be temporarily excluded from school attendance. The Eagle County School District reserves the right to require a physician's statement authorizing the student's return to school. The educational placement of a student who is medically diagnosed as having a life-threatening communicable diseases shall be determined on an individual basis by the principal and/or school nurse in accordance with this policy and accompanying procedures. Decisions about the proper educational placement shall be based on the student's behavior, neurological development, and physical condition. A regular evaluation of the placement decision shall be conducted to assess changes in the student's physical condition. In the event a student with a life-threatening communicable disease qualifies for services as a handicapped child under state and federal law, the procedures for determining the appropriate educational placement in the least restrictive environment shall be used in lieu of evaluation by the principal and/or school nurse. Neither this policy nor the placement of a student in any particular program shall preclude the administration from taking any temporary actions including removal of a student from a classroom as deemed necessary to protect the health, safety, and welfare of the student and others. In all proceedings related to this policy, the District shall respect the student's right to privacy. Only those persons with direct responsibility for the care of the student shall be informed of the specific nature of his/her condition.
Record of any such denial of admission, suspension, or expulsion shall be contained only in the student's health file, with an appropriate explanation. LEGAL REF.:
20 U.S.C. SS 1401 et seq. (P.L. 94-142, Individuals with Disabilities Education Act) 29 U.S.C. SS 794 (1983) (Section 504 of the Rehabilitation Act) C.R.S. 22-20-101 through 22-20-114 (Exceptional Children's Education Act) C.R.S. 22-33-104 (2)(a) C.R.S. 22-33-106 (2)
CROSS REF.: ACE, Nondiscrimination on the Basis of Handicap/Disability EBBA, Prevention of Disease/Infection Transmission IHBA, Special Education/Programs for Handicapped/ Disabled/Exceptional Students JB, Equal Educational Opportunities JHD, Exclusions and Exemptions from School Attendance JKD/JKE, Student Suspension/Expulsion JLC, Student Health Services and Requirements JLCA, Physical Examinations of Students JLCCA, AIDS Policy (Students) JRA, Student Records JRC, Release of Information on Students Eagle County School District, Re50J Adopted: February 10, 1988 Revised: July 1, 2006
File: JLCCA
Students with HIV/AIDS Although the human immunodeficiency virus (HIV) infection is a communicable disease, it is not transmitted casually. Therefore it is not in itself a reason to remove a student from school. Decisions about the proper educational placement of a student with HIV infection shall be based on, among other things, the student's behavior, neurological development and physical condition. A regular evaluation of the placement decision shall be conducted to assess changes in the student's physical condition. In the event a student with HIV infection qualifies for services as a child with disabilities under state and federal law, the procedures for determining the appropriate educational placement in the least restrictive environment shall be used in lieu of this policy. Procedures shall be developed to ensure confidentiality during the staffing process and in delivery of services to the disabled child. Neither this policy nor the placement of a student in any particular program shall preclude the administration from taking any temporary actions including removal of a student from the classroom as deemed necessary to protect the health, safety and welfare of the student and others because the student is posing an unacceptable risk of transmission of a disease. In all proceedings related to this policy, the District shall respect the student's right to privacy. The superintendent or designee shall initiate procedures to ensure that all medical information will be held in strict confidence. Any school staff member who violates confidentiality shall be subject to appropriate disciplinary measures. LEGAL REFS.:
20 U.S.C. ยง1401 et seq. (Individuals with Disabilities Education Improvement Act of 2004) 29 U.S.C. ยง794 (1983) (Section 504 of the Rehabilitation Act)
42 U.S.C. §12101 et seq. (Americans with Disabilities Act) C.R.S. 22-20-101 through 22-20-114 (Exceptional Children's Educational Act) C.R.S. 22-33-104 (2)(a) (compulsory attendance law – absence due to illness) C.R.S. 22-33-106 (2) (grounds for expulsion) CROSS REFS.:
ACE, Nondiscrimination on the Basis of Handicap/Disability EBBA, Prevention of Disease/Infection Transmission IHBA, Special Education Programs for Students with Disabilities JB, Equal Educational Opportunities JF, Student Admissions to/Withdrawal from School JHD, Exclusions and Exemptions from School Attendance JLCA, Physical Examinations of Students JRA/JRC, Student Records/Release of Information on Students JLC, Student Health Services and Requirements JLCC, Communicable/Infectious Diseases
Eagle County School District, Re50J Adopted: July 1, 2001
File: JLCCA-R
Students with HIV/AIDS The following procedures will be followed when determining the proper educational placement of a student known to be infected with human immunodeficiency virus (HIV), including those students diagnosed as having Acquired Immune Deficiency Syndrome (AIDS). Identification of Students Any student infected with HIV generally will be identified by the school district only when the district receives direct information from the student or parent/guardian about the student’s medical diagnosis. To encourage such disclosure, the district will endeavor to treat such students in a fair, nondiscriminatory and confidential manner consistent with the district's legal obligations. All information about such students will be reported to the Principal who will be the school official responsible for coordinating the placement decision. Placement Decision HIV infection is not transmitted casually; therefore, it is not itself a reason to remove a student from school. The Principal will determine whether the student who is infected with HIV poses a significant medically recognized risk of HIV transmission in the school setting (e.g., certain secondary infections). This is a medical question which the Principal will answer by consulting with the infected student’s physician, a qualified public health official who is responsible for such determinations, the school nurse and the infected student’s parent/guardian. If there is no medically recognized risk of transmission in the school setting, the infected student’s education program will not be altered. If there is medically-recognized risk of transmission in the school setting, the Principal will consult with the physician, public health official, the school nurse and the infected student’s parent/guardian. If necessary, they will develop an individually tailored plan for the student. Additional persons may be consulted if this is essential for gaining additional information, but the infected student’s parent/guardian (unless the student is 18 years of age) must approve the notification of any additional persons who would know the identity of the infected student.
If an individually-tailored plan is necessary, it must have minimal impact on the student’s education. Utmost confidentiality will be observed throughout this process. The Principal in consultation with the school nurse will review the case periodically with the infected student or the student’s parent/guardian and the medical advisors described above. If the student with HIV qualifies for services as a child with disabilities under state and federal law, those procedures will be used to make a placement decision in lieu of the procedure described above. In the development of an individualized educational program (IEP), school personnel should consider expanding the staffing committee to include the student's physician and a public health official to serve in an advisory capacity. The fact that a student is infected with HIV will not be disclosed on the student’s IEP nor will it be disclosed to members of the staffing committee unless the Principal in consultation with the infected student and parent/guardian, as appropriate, determines that such disclosure is necessary to develop procedures to address the student’s medical condition or to provide medical treatment. These precautions also shall be observed in the case of an HIV-infected student who is referred for special education and staffing for reasons unrelated to HIV infection. Confidentiality All information gained by the school district through application of the accompanying policy and these procedures including the identity of the student will be treated as confidential. Special precautions will be taken to protect information regarding a student's health condition in order to prevent instances of disclosure that may invade a student's personal privacy. All medical information and written documentation of discussions, telephone conversations, proceedings and meetings will be kept by the Principal or school nurse in a locked file. To further protect confidentiality, names will not be used in documents except when this is essential. Any document containing the name or any other information that would reveal the identity of the infected student will not be shared with any person, not even for the purposes of word processing or reproduction. CROSS REF.:
JID, Students of Legal Age JRA/JRC, Student Records/Release of Information on Students
Eagle County School District, Re50J Adopted: January 28, 1981 Revised: July 1, 2006
File: JLCD
Administering Medicines to Students Medication may be given legally only by school personnel whom a registered nurse has trained and delegated the task of giving such medication. No prescription or nonprescription medication shall be administered at school by the school nurse or other school designee without the following requirements being met: 1.
Medication shall be in the original properly labeled container. If it is a prescription medicine, the student’s name, name of the drug, dosage, time for administering, name of physician and current date shall be printed on the container.
2.
The school shall have received written permission from the doctor or dentist to administer the medication.
3.
The school shall have received written permission from the parent/guardian to administer the medication. When such a request is made by a parent/guardian, a full release from the responsibilities pertaining to side effects or other medical consequences of such medications also must be presented.
4.
Acetaminophen (non-aspirin) may be provided in the school setting with written parental permission.
All medication shall be safeguarded at school to avoid any risk that it may be improperly administered to anyone. Self-administration of medication for asthma or anaphylaxis A student with asthma, severe allergies, or other related, life-threatening condition may possess and self-administer medication to treat the student’s asthma, anaphylaxis or other related lifethreatening condition. Self-administration of such medication may occur during school hours, at school-sponsored activities, or while in transit to and from school or a school-sponsored activity. Student possession and self-administration of such medication shall be in accordance with regulation JLCD-R. Authorization for a student to possess and self-administer medication to treat the student’s asthma, anaphylaxis or other related, life-threatening condition may be limited or revoked by the school principal after consultation with the school nurse and the student’s parents/guardian if the student demonstrates an inability to responsibly possess and self-administer such medication. Sharing, borrowing or distribution of medication is prohibited. The student’s authorization to selfadminister medication may be revoked by the school principal after consultation with the school nurse and the student’s parents/guardian and the student may be subject to disciplinary consequences, including suspension and/or expulsion, for violation of this policy. LEGAL REFS.:
C.R.S. 12-38-132 (delegation of nursing tasks) C.R.S. 22-1-119 (no liability for adverse drug reactions/side effects) C.R.S. 22-1-119.5 (Colorado Schoolchildren’s Asthma and Anaphylaxis Health Management Act) C.R.S. 24-10-101 et seq. (Colorado Governmental Immunity Act) 6 CCR 1010-6, Rule 9-105 (regulations) 6 CCR 1010-6, Rule 9-106 (regulations)
CROSS REF.:
JLCE, First Aid and Emergency Medical Care
Eagle County School District, Re50J Adopted: July 1, 2006
File: JLCD-R
Administering Medicines to Students If under exceptional circumstances a student is required to take oral medication during school hours only the school nurse or the nurse’s designee will administer the medication in compliance with the following regulations. In the alternative, the parent/guardian may come to school to administer the medication. 1.
All directives of the accompanying policy will be followed.
2.
Written orders from the student's physician must be on file in the school stating: a. Student’s name b. Name of drug
c. d. e. f. g.
Dosage Purpose of the medication Time of day medication is to be given Anticipated number of days it needs to be given in school Possible side effects
3.
The medication must be brought to school in a container appropriately labeled by the pharmacy or physician.
4.
An individual record will be kept of such prescription medications administered by school personnel.
5.
Medication will be stored in a clean, locked cabinet or container.
Unless these requirements can be met, medication will not be administered at school. Procedure 1. Identify the student. 2.
Identify the medication and confirm the following: a. b. c. d. e.
Student’s name on bottle. Date of medication on bottle. Name of medication on bottle. Dosage of medication on bottle. Instructions on bottle for giving the medication.
3.
Compare information on medication bottle with medication record information.
4.
Confirm that the doctor’s order is attached to medication record or note.
5.
Check to see that the medication has not been given already for that day and time by another school person.
6.
Administer the medication to the student as directed.
7.
Record time the medication was given on student’s medication record.
8.
Return medication to locked medication cupboard.
Self-administration of medication for asthma or anaphylaxis A school shall permit a student to possess and self-administer medication for asthma or anaphylaxis if all of the following conditions are met: 1.
Written authorization signed by the student’s health care practitioner must be on file with the school which shall include the student’s name; the name, purpose, prescribed dosage, frequency, and length of time between dosages of the medication(s) to be self-administered; and confirmation that the student has been instructed and is capable of self-administration of the medication.
2.
The student demonstrates to the school nurse that he or she possesses the skill level necessary to administer the medication as prescribed.
3.
The school nurse and the student’s health care practitioner collaborate to develop a written treatment plan for managing the student’s asthma or anaphylaxis episodes and for medication use by the student.
4.
A written statement signed by the student’s parent or legal guardian must be on file with the school, which shall include permission for the student to self-administer his/her medication and a release from liability for any injury arising from the student’s self-administration of such medication.
5.
A written contract between the school nurse, the student, and the student’s parent or legal guardian must be on file with the school, assigning levels of responsibility to the student’s parent/guardian, student, and school employees.
A treatment plan authorizing a student to possess and self-administer medication for asthma or anaphylaxis shall be effective only for the school year in which it is approved. The school shall permit a student to possess and self-carry medication in subsequent school years only if the conditions specified above are met. A student shall report to the school nurse or designee or to some adult at the school immediately after the student uses an epinephrine auto-injector during school hours. Upon receiving such report from a student, the school nurse, designee, or other adult will provide appropriate follow-up care to the student, which shall include making a 911 emergency call. Protocol For Acetaminophen (Non-Aspirin) 1. Indications a. Pain -- earache, headache, toothache, sore throat, dysmenorrhea b. Elevate temperature over 100 degrees 2.
Contraindications a. No current parental permission on file b. Known sensitivity c. Untreated severe injury to the head, bone, or joint d. Any injury requiring further medical treatment
3.
Directions a. Determine need for acetaminophen b. Check for contraindications c. Administer according to directions on parent permission card and/or acetaminophen bottle d. Record name, date, time, reason, dose on medication form.
Eagle County School District, Re50J Adopted: January 23, 1985 Revised: July 1, 2006
File: JLCE
First Aid and Emergency Medical Care No treatment of injuries except first aid shall be permitted in the schools. First aid is that immediate help given by the best qualified person at hand in case of accident or sudden illness. At least one person in each building and all staff members who teach or supervise students in classes or activities where students are exposed to dangerous equipment or chemicals or other increased risks of injury, as determined by the school district, shall have special training in first aid. A master first aid kit shall be kept and properly maintained in each school. Additionally, schools will designate a qualified member of their staff to a school crisis time.
Any person who in good faith provides emergency care or assistance without compensation at the place of the emergency or accident shall not be liable for any civil damages for acts or omissions in good faith. Treatment of injuries occurring outside school jurisdiction is not the responsibility of school employees. No drugs shall be given at any time except for aromatic spirits of ammonia in the case of fainting. The administering of aspirin or other analgesics for headaches or pain or the giving of sodium bicarbonate is forbidden unless a parent/guardian and physician have given written authorization for their use. The school's obligation continues after the injury until the injured student has been placed in the care of the parent/guardian or emergency health personnel. Therefore, the parents/ guardians of all students shall be asked to sign and submit an emergency medical authorization form which shall indicate the procedure they wish the school to follow in the event of a medical emergency involving their child. These forms will be kept in the school’s office The building principal (or his/her designee -- preferably the school nurse) will review each Emergency Treatment Permit to determine whether parents/guardians have included any qualifying or restricting statements. If parents/guardians have made such statements on the Emergency Treatment Permit, they will be contacted to determine an acceptable alternative course of action for the school staff. If a resolution to the restrictions by a parent/guardian cannot be resolved, the principal will document and file the activities, discussions, and/or conclusions of the interactions between the parents/guardians and the school staff. In all cases where the nature of an illness or an injury appears serious, the parent/ guardian shall be contacted if possible and the instructions on the student's emergency card followed. In extreme emergencies, where there is potential threat to life, limb or digit, school personnel shall immediately call emergency health personnel to arrange for transporting the student to an emergency facility on advice of emergency health personnel. An accident report form will be completed for all accidents that occur on the school premises that necessitate an adult’s attention. The completed accident report will be kept on file in the principal’s office for a three-year period. After that three-year period, the report may be destroyed as long as there is no pending litigation associated with the accident. No elementary student who is ill or injured shall be sent home alone nor shall a secondary student be sent home alone unless the illness is minor and the parent/guardian has consented in advance. LEGAL REFS.:
6 CCR 1010-6-9-102 (first aid certification requirement) C.R.S. 13-21-108 (civil immunity for persons rendering emergency assistance) C.R.S. 22-1-125 (requirements concerning automated external defibrillators in schools) C.R.S. 24-10-106.5 (public entity duty of care)
CROSS REFS.:
GBGAB*, First Aid Training JLCD, Administering Medicines to Students JLIB, Student Dismissal Precautions
NOTE: Pursuant to C.R.S. 22-1-125, school districts must accept a donation of an automated external defibrillator (AED) that meets standards established by the federal food and drug administration and is in compliance with the manufacturer’s maintenance schedule. School districts must also accept gifts, grants and donations designated for obtaining AEDs and/or for the inspection, maintenance and training in the use of an AED.
Eagle County School District, Re50J Adopted: July 1, 2001
File: JLCEA*
Students with Special Health Needs Health and safety of all students is a primary concern of the district. Except in rare circumstances as indicated below, in emergency situations involving accident or illness, district employees are expected to render first-aid and life-sustaining care to the extent of their knowledge and training, utilize emergency medical resources available in the community and seek assistance of school medical personnel or other staff members. Individualized Health Plans When a student with special health needs is enrolled in a district school, an Individualized Health Plan ("IHP") shall be prepared and reviewed at least annually (and whenever there is a change in personnel or a change in the student's medical status) by the school nurse, the parent/guardian and the student's physician. The IHP shall set forth the special health needs of the student and the plan for dealing with those needs in the school setting. In planning for the student's special health needs, the school nurse shall consult with and access applicable community resources when appropriate. If the student has an IEP or 504 plan, the IEP team or 504 team will determine whether the IHP, and any emergency protocol, should be attached to the student's IEP or 504 plan. DNR Orders and CPR Directives The greater inclusion of students with disabilities and advancements in medical technology have led to an increase in the number of students with significant medical needs in schools. Although rare, it is now possible for a student to be attending school in an advanced terminal condition. A "Do Not Resuscitate" (DNR) order is a physician's order stating that certain life sustaining procedures shall not be performed on a patient. Parents/guardians of a minor child who is subject to a DNR order may execute a "Cardiopulmonary Resuscitation" (CPR) directive. A CPR directive is a written instruction by the student's parent/guardian and physician that cardiopulmonary resuscitation is not to be performed for the child. Requesting implementation of CPR directive Any parent/guardian wishing to have a CPR directive implemented in the school setting as part of the student's IHP shall present the signed, original directive on the official form issued by the Colorado Department of Public Health and Environment to the school principal for consideration. If the parents of the student are divorced, appropriate court documents designating decision-making authority of the parents shall be required. Evidence of court appointment as legal guardian must be similarly provided when applicable. All parents/guardians having authority to make medical decisions must sign the CPR directive. Convening CPR directive team Within a reasonable time from receipt of the signed CPR directive, the school principal or designee shall convene a multidisciplinary school-based team (the CPR directive team) to determine whether the CPR directive can be implemented in the school setting and if so, shall design a protocol for handling the student's health-related emergency events, including the comfort care to be provided to the student. The team shall be comprised of the student's parent/guardian, and to the extent possible and necessary, the student's physician, the student's hospice nurse, the school nurse, local emergency medical personnel, the school counselor, school district legal counsel, a physician designated by the school district, the student's teacher(s), and if the student is a special education student, appropriate members of the IEP team. The CPR directive team may also include an ethicist or other person with expertise in medical decision-making issues.
Determining whether implementation of a CPR directive is feasible In determining whether it is feasible for the CPR directive to be implemented in the school, the CPR directive team shall consider the factors set forth in the regulation accompanying this policy. Designing an emergency protocol In designing a protocol for handling health-related emergency events, the CPR directive team shall follow procedures set forth in the regulation accompanying this policy. Revoking CPR directive Parents/guardians wishing to revoke a CPR directive may do so at any time by providing a signed, written revocation request to the school principal or designee. LEGAL REFS:
C.R.S. §15-18-101 et seq. (Colorado Medical Treatment Decision Act) C.R.S. §15-18.6-104 (Colorado statute regarding duty to comply with CPR directives, immunity) 6 CCR 1015-2 (rules pertaining to implementation and application of advance medical directives for CPR by emergency medical service personnel) 42 U.S.C. §12101 et seq. (Americans with Disabilities Act) 28 C.F.R. §35.130(b)(6) (regulations pertaining to the American with Disabilities Act) 29 U.S.C. §794 et seq. (Section 504 of the Rehabilitation Act) 34 C.F.R. §104.4 (regulations pertaining to Section 504 of the Rehabilitation Act)
CROSS REFS.:
JLC, Student Health Services and Requirements JLCE, First Aid and Emergency Medical Care JLDBH, Suicide or Other Traumatic Loss of Life
Eagle County School District, Re50J Adopted: July 1, 2001
File: JLCEA*-R
Students with Special Health Needs (Implementation and Protocol for CPR Directives) Determining whether implementation of a CPR directive is feasible In determining whether it is feasible for the CPR directive to be implemented in the school, the CPR directive team shall: •
Consider the impacts on the school, including the mental, emotional and physical health of all students and personnel in the school. If the team determines that the impact of the ill student's participation is too disruptive, the team shall initiate a request for homebound educational services, subject to laws pertaining to the education of students with disabilities.
•
Consider obtaining an independent medical opinion, which may include an evaluation by hospice personnel.
•
Involve legal counsel in review of the CPR directive to determine whether it is valid under state law, including whether the persons signing the form have legal authority to make medical decisions on behalf of the student.
•
Consult with the emergency response personnel responsible for responding to an emergency call at the school to determine whether
school personnel who have contact with the student have the proper training and expertise to implement a proposed protocol for health-related emergency events involving the student, including the ability to assess whether the circumstances specifically described in the protocol are present and to provide or withhold the specific assistance or care. •
Determine whether school personnel who have contact with the student have any moral or ethical issues related to complying with the protocol. If so, and only with parent/guardian permission, arrangements shall be made to transfer the student to a different classroom or school. If the parent/ guardian does not agree to the transfer, the CPR directive will not be implemented. The school district reserves the right to designate specific classrooms or schools to which students subject to a CPR directive will be assigned.
•
Provide counseling resources, which may include hospice, for students and school district personnel on issues of death and dying prior to and during the student's attendance at the school.
•
Obtain a written statement from the parents/guardians stating that any time the school nurse, principal or designee feels the student is too ill to be in class, the parents/guardians or designee will be immediately available to pick up the student from school and if they are not, that they consent to transportation of the student according to the instructions contained in the statement. The statement shall state the place to which the student shall be transported, who will provide transportation and who shall be responsible for any transportation charges.
•
Address confidentiality issues.
Designing an emergency protocol In designing a protocol for handling health-related emergency events, the CPR directive team shall: •
Describe the specific assistance or care, including comfort care, to be provided to the student, by whom and under which specifically described circumstances. This shall include a description of care to be provided when a treatable or curable intervening disease, medical condition or injury occurs.
•
Describe the specific assistance or care that is not to be provided to the student, by whom and under which specially described circumstances.
•
Specify the potential signs and symptoms of health deterioration. Every effort shall be made to transport the student from school at the first signs of deteriorating condition.
•
Upon the onset of signs or symptoms of health deterioration and while waiting for transportation by parents/guardians or emergency medical personnel, provide for removal of the student from the classroom to a private setting. If the affected student's removal is not possible, provide for removal of other students in the room.
•
Address how other students in the room at the time of the health-related emergency event will be cared for.
•
Describe how and by whom notification of emergency medical personnel and the county coroner will occur.
•
Describe how and by whom notification of the student's parents/guardians will occur.
•
Describe how and by whom communication with parents/guardians of other students in the school will occur.
•
Address transportation needs in the event the student dies while at school, including the mortuary to which the student is to be transported and by whom.
•
Provide for professional counseling to students and personnel in the school following a health-related emergency event.
•
At the discretion of the school principal or designee, involve legal counsel in review of the protocol.
All parents/guardians having authority to make medical decisions must sign the protocol developed by the CPR directive team before the protocol can be implemented. A current photograph of the student shall be submitted with the CPR directive and shall be kept with all copies of the CPR directive. A copy of the CPR directive with the student's photograph shall be kept in a confidential location where it can be easily located at all times. The original CPR directive shall be kept in the nurse's office. Eagle County School District, Re50J Adopted: July 1, 2000
File: JLCG*-E
Consent to Release Information Colorado school districts are entitled by law to seek Medicaid reimbursement when the districts provide services to Medicaid-eligible students. The following consent form is to authorize the Eagle County School District to release to Colorado Health Care Policy and Financing information related to Medicaid services provided to the student identified below as necessary to apply for and recover Medicaid reimbursement. NOTE: Participation in the school Medicaid reimbursement program does NOT adversely affect the student’s eligibility for future Medicaid services in any way. I give consent and authorize the Eagle County School District to release to Colorado Health Care Policy and Financing (HCPF) information related to health and other Medicaid eligible services the district provides to the student identified below during the __________ school year, as frequently and comprehensively as necessary to apply for and recover Medicaid Partial Reimbursement for such services. _____________________________ Student Name
__________________________ Student’s Date of Birth
_____________________________ ___________________________ Student’s School
Student’s Medicaid Number
_____________________________ ___________________________ Parent/Guardian Name (or Student Over 18)
Student’s Social Security Number
_____________________________ ___________________________ Parent/Guardian Signature (or Student Over 18)
Date
If at any time you wish to revoke this permission, please contact _______________.
Eagle County School District, Re50J Adopted: July 1, 2000
File: JLCG*
Medicaid Reimbursement In all cases in which a student is enrolled in the Colorado Medicaid program, the District shall seek reimbursement for health-related services rendered by qualified District staff. District staff shall make a reasonable effort to coordinate care with the student’s health care provider to avoid duplication of services. As a Medicaid provider, the District shall access Medicaid eligibility information for students from Health Care Policy and Financing (“HCPF”). HCPF is the designated Medicaid agency for the state of Colorado. The District shall obtain written consent annually from a parent/guardian before release of any nondirectory information required for billing. To accomplish this, the District shall: • include a consent form with the “start of school” information each fall. All ongoing health and related services shall be rendered by qualified district staff pursuant to an individual health services plan signed by a professional qualified to provide the types of services described in the plan. The plan may be an Individual Education Plan (IEP), Individual Family Service Plan (IFSP), Section 504 Accommodation Plan or any individual health services plan. A dated record of all transactions shall be kept on file at the school office. LEGAL REFS.:
C.R.S. 26-4-531
CROSS REFS.:
JRA/JRC, Student Records/Release of Information on Students
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: April 26, 1989
File: JLD
Guidance and Counseling Eagle County School District Re50J exists wholly to provide students with as broad and as deep a background of knowledge as they are able to assimilate, as well as a full understanding of the fundamental skills which they will need in adult life. It is our goal to provide those services which will help the immature become mature, self-sufficient members of society. These services shall be provided by the guidance department, working in close relationship with the administration and the instructional staff. REGULATIONS:
1.
Orientation Help all students establish and maintain good adjustment to school. a.
Fourth to fifth grade students and eighth to ninth grade students and parents.
b.
All new students enrolling during the year.
2. Testing a.
Be responsible for administering standardized tests.
b.
Be responsible for collecting test data.
c.
Interpret test results to students, parents, and faculty.
d.
Make test information available for faculty use.
3. Cumulative Records File and keep up-to-date a folder on each student including grades earned, test results, personal data sheets, activities in which student participates, and any other pertinent information concerning each individual student (refer to Student Records Policy). 4. Conferences with Students a.
Help students to define and arrive at satisfactory solutions to their respective problems -- academic, social, and emotional.
b. Whenever possible, aid students in acquiring effective study habits. c.
Assist students in vocational planning.
d. Assist students in educational planning. e. Help each student to understand others and him(her)self in relation to them so s/he can make adequate social adjustments. f.
Refer students to mental health clinic for a more concentrated study of their problems.
g. Change student’s daily schedule of classes in cooperation with administration as needed after a careful study has been made. h. Set up a minimum of at least two individual conferences with each student a year. 5. Detailed Studies at End of Each Marking Period a. Study student grades for failure to progress satisfactorily. b. Conduct individual conferences with all students found not to be making satisfactory progress. 6. Clerical a.
Keep written records of conferences.
b.
Enroll all new students after approval by administration.
c.
Clear all withdrawals after approval by faculty and administration.
d.
Request transcripts on new students and send transcripts on withdrawals.
e.
Supply District Office with names of current dropouts.
f.
Help students apply for scholarships and college entrance. information is sent to grantor or college, etc. 7. Conferences with Teachers
See that proper
a.
Inform teachers who are directly concerned about problems and difficulties that individuals face, and help them to gain and understanding of these students through discussion and appraisal of important information.
b.
Conduct follow-up work on all teacher referrals.
8. Follow-up Studies a.
Attempt to follow-up any dropouts through student personnel and other means of contact.
b.
Follow-up graduates in a similar manner.
9. Registration a.
Prepare and present pre-registration information to students.
b.
Collect and summarize registration materials to be approved by administration.
10. Scheduling a.
Schedule each student individually, keeping in mind individual differences.
CROSS REF.:
JRA -- Student Records JRC -- Release of Information on Students
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2003
File: JLDAC
Screening/Testing of Students (And Treatment of Mental Disorders) A. Survey, analysis or evaluation of students Except as otherwise required by law, students shall not be required to submit to a survey, analysis, or evaluation related to curriculum or other school activities that is intended to reveal information, whether the information is personally identifiable or not concerning the student or the student's parents/guardians, without parental consent. Written parental consent must be granted when requiring students to provide information regarding: 1.
political affiliations.
2. mental or psychological problems potentially embarrassing to the student or the student’s family.
3. sex behavior or attitudes. 4. illegal, anti-social, self-incriminating and demeaning behavior. 5. critical appraisals of other individuals with whom the student has a close family relationship. 6. legally recognized privileged or analogous relationships, such as those with lawyers, physicians and ministers. 7. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). 8. religious practices, affiliations or beliefs or the student or the student’s parents/guardians School personnel responsible for administering any such survey, analysis or evaluation shall give written notice at least two weeks in advance to the student's parent/guardian or the eligible student (student 18 years old). The notice shall offer to provide the following written information to the parent/guardian upon request: 1.
records or information that may be examined and required in the survey, analysis or evaluation
2. the means by which the records or information shall be examined, reviewed, or disseminated 3. the means by which the information is to be obtained 4. the purposes for which the records or information is needed 5. the entities or persons, regardless of affiliation, who will have access to the information; and 6. a method by which a parent/guardian can grant or deny permission to access or examine the records or information These notice provisions also apply to any survey, analysis or evaluation funded by the U.S. Department of Education. Notice and right to “opt out: for surveys, analysis or evaluation for marketing purposes. Parents/guardians and eligible students (students 18 years of age) shall receive notice and have the opportunity to opt a student our of activities involving the collection, disclosure or use of personal information collected from the student for the purpose of marketing or selling the information or otherwise providing the information to others for that purpose. Right to review Parents/guardians and eligible students (students 18 years of age) have the right to review, upon request, any survey, analysis or evaluation administered or distributed by a school to students whether created by the district or a third party. Exceptions to policy Nothing in this section of the policy shall: 1. prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis or evaluation without obtaining consent as long as such participation is not otherwise prohibited by federal law 2. be construed to prevent a district employee from reporting known or suspected child abuse or neglect as required by state law
3. be construed to limit the ability of a health professional that is acting as an agent of the school district to evaluate an individual child 4. be construed to require parental notice or consent for a survey, analysis or evaluation related to educational products or services for or to students or educational institutions. These products and service include, but are not limited to, the following: • • • • • •
college or other postsecondary education recruitment or military recruitment activities book clubs, magazines and programs providing access to low cost literary products curriculum and instructional materials used by district schools tests and assessment used by district schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students the sale by student of products or services to raise funds for school related or educationrelated activities student recognition programs
Confidentiality Any survey, analysis or evaluation administered or distributed by a school to students shall be subject to applicable state and federal laws protecting the confidentiality of student records. Eligible students A student 18 years or older is eligible to consent to revealing such information without parental consent. Notice of this section of policy The district shall inform parents/guardians and eligible students of their rights under this section of the policy. B. Psychiatric/psychological testing methods or procedures Students shall not be required to submit to any psychiatric or psychological methods or procedures for the purpose of diagnosis, assessment or treatment of any emotional, behavioral or mental disorder or disability as part of any classroom or instructional activity without parental knowledge and consent. In addition, school personnel are prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test result will be used and obtaining prior written permission from the student or the student’s parent/guardian. However, a student 15 years or older may consent to receive mental health services without parental consent when services are rendered by a facility (such as a clinic or community mental health center) that provides such treatment or by a person licensed to practice medicine in this state or a psychologist certified to practice in this state. A student 18 years or older is eligible to consent to psychiatric or psychological methods or procedures without parental consent. Licensed school personnel are encouraged to be knowledgeable about psychiatric or psychological methods and procedures but shall not be involved in any diagnosis, assessment or treatment of any type of mental disorder or disability unless appropriately certified. In accordance with state law, school personnel including certified school psychologists are not authorized to practice psychotherapy or utilize any psychiatric or psychological procedure outside of or beyond their area of training, experience or competence. Psychological tests shall be administered to students only by appropriately certified school personnel employed for this purpose or by interns under their supervision. Adherence to this policy shall ensure quality psychological services and shall protect the educational rights, dignity and privacy of students and parents/guardians.
Psychological examination and testing shall be made only after informed and written consent of the student's parents/guardians is obtained unless the student is of legal age to give informed and written consent. Psychological data shall be only one of several criteria for determining any change in a student's educational program. Psychological data older than three years shall not be used as the basis for prescriptive teaching or placement. Ordinary classroom instruction, activities and techniques involving the approved curriculum which teach about psychological or psychiatric methods or procedures shall be permissible and considered outside the scope of this policy. It is understood that there is a significant difference between practicing therapy and providing activities that may be therapeutic in nature. In all cases, care must be exercised to protect the privacy rights of students. C. Special education evaluation The giving of parental permission for evaluation in anticipation of a special education staffing and possible provision of services for a handicapped student and any subsequent approval for the provision of such services is governed by state and federal law and is outside the scope of this policy. This policy is in addition to and does not supersede any other legal rights or obligations of parents/guardians and students. LEGAL REFS.:
CROSS REFS.:
C.R.S. 22-1-123 (district shall comply with federal law on protection of pupil rights; Colorado provisions regarding survey, analysis and evaluation of students) C.R.S. 22-32-109(1)(ee) (duty to adopt policy prohibiting personnel from ordering behavior tests without parent permission) C.R.S. 22-32-109.2 (screening and treatment of emotional/mental disorders or disabilities) C.R.S. 27-10-103 (voluntary applications for mental health services) C.R.S. 13-22-101 (18 is age of competence for certain purposes) 20 U.S.C. 1232h (protection of pupil rights) 20 U.S.C. 1232(c) (Family Education Rights and Privacy Act) GBEB, Staff Conduct GCS, Professional Research and Publishing ILBA, District Program Assessments ILBB, State Program Assessments JID, Students of Legal Age JLCA, Physical Examinations of Students JRA/JRC, Student Records/Release of Information on Students LC, Relations with Education Research Agencies
Eagle County School District, Re50J Adopted: January 28, 1981 Revised: July 1, 2002
File: JLF
Reporting Child Abuse/Child Protection The Board of Education believes that the Eagle County School District must play an important role in identifying and alleviating child abuse. To this end, the Board directs the District to be in full compliance with the Colorado Child Protection Act. To that end, any school official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, as defined by statute, shall immediately upon receiving such information report or cause a report to be made to the
appropriate county department of social services or local law enforcement agency. Failure to report promptly may result in civil and/or criminal liability. A person who reports child abuse or neglect in good faith is immune from civil or criminal liability. The District shall provide periodic inservice programs for all teachers and other employees in order to provide them with information about the Child Protection Act and appropriate legislation, to assist them in recognizing and reporting instances of child abuse, and to instruct them on how to assist victims in the school setting. It is not the responsibility of school employees or officials to contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. Nor is it the responsibility of the school officials or employees to prove that the child has been abused or neglected. REGULATIONS: 1. Definition of abuse or neglect Child abuse or neglect is defined in law as “an act or omission which seriously threatens the health or welfare of a child.” Specifically, this refers to: a. Evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and such condition or death which is not justifiably explained or where the history given concerning such condition or death is at variance with the condition or the circumstances indicate that the condition may not be the product of an accidental occurrence. d. Any case in which a child is subject to unlawful sexual behavior as defined in state law. c.
Any case in which a child is in need of services because the child’s parents, legal guardians or custodians fail to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take.
d. Any case in which a child is subjected to emotional abuse which means an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk or impairment of the child’s intellectual or psychological functioning or development. e. Any act or omission described as neglect in state law as follows: i)
A parent, guardian or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring.
ii)
The child lacks proper parental care through the actions or omissions of the parent, guardian or legal custodian.
iii)
The child’s environment is injurious to his or her welfare.
iv)
A parent, guardian or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care or any other care necessary for his or her health, guidance or well-being.
v)
The child is homeless, without proper care or not domiciled with his or her parent, guardian or legal custodian through no fault of such parent, guardian or legal custodian.
vi)
The child has run away from home or is otherwise beyond the control of his or her parent, guardian or legal custodian.
vii)
2.
A parent, guardian or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse and the parent, guardian or legal custodian has been the respondent in another proceeding in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse or has determined that such parent’s, guardian’s or legal custodian’s abuse or neglect caused the death of another child; and the pattern of habitual abuse and the type of abuse pose a current threat to the child.
Reporting requirements Any school employee who has reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact to the Eagle County Department of Social Services or the Eagle County Sheriff’s Department. The employee must follow any oral report with a written report sent to the appropriate agency. In cases where the suspected or known perpetrator is a school employee, the report should be made to the law enforcement agency. (Reports made to social services will be referred to law enforcement.) If a child is in immediate danger, the employee should call 911. “Immediate” refers to abuse that occurs in the employee’s presence or has just occurred. The employee reporting suspected abuse/neglect to social services or law enforcement officials must inform the school principal as soon as possible orally or with a written memo. The ultimate responsibility for seeing that the oral and written reports are made to social services or law enforcement agencies lies with the school official or employee who had the original concern. Such report shall be followed promptly by a written report prepared by those persons required to report. Documentation of the report and the follow-up report must be kept in the office of the school which the student attends. A copy of the report is filed with the Director of Curriculum, Instruction and Staff Development.
3.
Contents of the report The written report should include: a.
Name, age, address, sex and race of the child;
b. Name and address of the child's parents, guardians, and/or persons with whom the student lives; c.
Name and address of the person, if known, believed responsible for the suspected abuse or neglect.
d.The nature and extent of the child's injury or condition as well as any evidence of previous instances of known or suspected abuse or neglect of the child or the child’s siblings--all with dates as appropriate; e.
Any other information that might be helpful in establishing the cause of the injuries or the condition observed.
It is helpful if the person reporting suspected abuse/neglect is prepared to give documentation. Thus, noting details of observations is important. It is permissible for the school official or employee to conduct a preliminary non-investigative inquiry of any injury or injuries under the following circumstances:
a. School personnel may inquire of the child how an injury occurred. Leading and/or suggestive questions should be avoided. School personnel may not contact the child’s family or any other person suspected of causing the injury or abuse to determine the cause of the suspected abuse or neglect. b. A school employee’s reasonable cause to suspect that the child has been subjected to abuse or neglect may arise from a child’s vague or inconsistent response to such an inquiry or from an explanation which does not fit the injury. c. 4.
All efforts must be made to avoid duplicate or numerous interviews of the victim.
After filing reports. After the report is made to the appropriate agency, District and school staff members will make themselves available for meetings with the agency's representatives to facilitate the investigation of the alleged abuse or neglect. The school will report any further incidents of abuse to Social Services representatives. Information contained in the report to Social Services shall conform to the reporting procedures as outlined in Section 19-10-108 of the Child Protection Act of 1975. If an employee chooses to report directly to one of the agencies, notification and an explanation of the report will be given to the building principal, the employee supervisor, and/or the Superintendent. Once a report of child abuse is given, the responsibility for investigation and follow-up lies with that agency. It is not the responsibility of the school staff to investigate the case. Therefore, the school staff will not engage in the following activities: a. make home visits for investigative purposes; b. take the child for medical treatment (this does not preclude taking action in an emergency situation); c.
5.
convey messages between the agency and the parents/guardians.
Guidelines for consideration a. If any school employee has questions about reasonable cause of child abuse and the need for making a report, the employee may consult with the principal or the Director of Curriculum, Instruction and Staff Development. If neither party is available, a direct call to the county department of social services about concerns is advisable. Note that consultation with another school official or employee will not absolve the school official or employee of the responsibility for reporting child abuse. b. In an emergency situation requiring retention of the child at the school building due to fear that if released the child’s health or welfare might be in danger, it should be observed that only law enforcement officials have the legal authority to hold a child at school. Otherwise a court order must be obtained to legally withhold a child from his or her parent or guardian. c.
While all school officials and employees are reminded of their legal responsibility to report suspected cases of abuse or neglect, they may be assured that reports will be investigated by trained professionals and that there are more supportive and therapeutic treatment alternatives available for parents/guardians, and/or other persons with whom the student lives than there have been in the past.
d. The confidential nature of information pertinent to child abuse or neglect cases is a matter to be emphasized both legally and humanely.
6.
Child Abuse Involving District Employees Pursuant to Section 19-3-308 (5.7), C.R.S., the Superintendent is authorized to conduct an internal investigation or to take any other necessary steps if s/he receives information from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a District employee. Such information shall remain confidential except that the Superintendent shall notify the Colorado Department of Education of the child abuse investigation. If the Superintendent (or designee) determines that there is reasonable cause to believe that the life or health of the student victim or other students is in imminent danger because of continued contact between the District employee and a student, such employee shall be temporarily suspended with pay, or shall be reassigned to other duties which would remove the risk of harm to the student. Such employee shall be afforded and may exercise due process rights, including notice of the proposed suspension and an opportunity to be heard.
LEGAL REF.:
C.R.S. 18-3-412.5(1)(b) (definition of unlawful sexual behavior) C.R.S. 19-1-103 (1) (definition of child abuse or neglect) C.R.S. 19-3-102 & 103 (definition of neglected or dependent child) C.R.S. 19-3-304 (persons required to report abuse) C.R.S. 19-3-307 (reporting procedures) C.R.S. 19-3-309 (immunity from liability for persons reporting) C.R.S. 22-32-109 (1)(z) (providing inservice for teachers)
CROSS REF.:
GBEB, Staff Conduct (and Responsibilities) GBGB, Staff Personal Security and Safety
Eagle County School District, Re50J Adopted: May 17, 1977
File: JLIA
Supervision of Students Teachers are expected to attend and supervise their students at all activities scheduled during the regular teaching day and such other pre- and post - school activities as are deemed necessary by the administration. If teachers ride the school bus, they shall exercise the same authority over the students as they would in the classroom. Eagle County School District, Re50J Adopted: May 17, 1977 Revised: May 24, 1989
File: JLIB
Student Dismissal Precautions The school is legally responsible for the health and safety of its students during the school day. Therefore, each school shall set up procedures to validate requests for early dismissal to ensure that students are released only for proper reasons and into proper hands. Under no circumstances shall teachers dismiss a student from school prior to the end of the school day or into any person’s custody without the direct prior approval and knowledge of the building principal. The principal shall not excuse a student under the age of 18 before the end of a school day without a request for the early dismissal from the student’s parents/guardians. In keeping with this policy, it
becomes prudent that: 1.
No student be released from school early on the basis of an invalidated telephone call.
2.
Children of estranged parents be released only upon the request of the parent/guardian whom a Colorado court holds directly responsible for the child and who is the parent or guardian registered on the school record.
An elementary student shall be sent home only with his/her parent/guardian or, if the parent/guardian is not available, with another authorized adult. Additional precautions shall be taken by the principals as needs arise. REGULATIONS: 1.
The enrollment records of the District shall include information regarding the marital status of a student’s parents/guardians.
2.
If a student’s parents are divorced or legally separated, District personnel may request a copy of the legal document pertaining to child custody.
3.
The school secretary shall keep a card file easily accessible to the principal to flag the files of students whose parents are divorced or legally separated or have other special custody arrangements.
4.
If a person whom the principal does not recognize appears at school requesting the early dismissal of a student, the principal may ask for identification such as a driver’s license.
CROSS REF.:
JID -- Students of Legal Age JLCE -- First Aid and Emergency Medical Care
Eagle County School District, Re50J Adopted: May 24, 1989
File: JM
Student Awards, Honors, and Scholarships 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 of the schools should be pointed out. The professional staff is authorized to review and approve (or reject) proposed trophies, prizes, scholarships, or other awards from nonschool donors. Acceptance shall require affirmative answers to 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 are they acceptable to the staff?
3.
Are the purposes, either implied or explicit, of the proposed award consistent with our school’s goals?
Eagle County School District, Re50J
File: JP
Adopted: June 23, 1993 Student Donations Solicitations The solicitation of donations and contributions from students shall be restricted to drives approved by the building administrator or Board of Education. Any outside organization desiring to distribute flyers or other materials to students in connection with fund drives may do so only with the approval of the building principal. CROSS REF.:
GBEBC, Gifts to and Solicitations by Staff JJE, Student Fund-Raising Activities KHA/KHB, Public Solicitations/Advertising in Schools
Eagle County School District, Re50J Adopted: May 24, 1989 Revised: July 1, 2006
File: JQ Page 562 of 610
Student Fees, Fines, and Charges Students shall not be charged an instructional fee as a condition of enrollment in school or as a condition of attendance in any class that is considered part of the academic portion of the District's educational program except tuition when allowed by law. However, the District may require students to pay textbook fees, fees for expendable materials and other miscellaneous fees as more fully set forth in this policy. All student fees and charges shall be adopted by the Board in the annual budget. The fee shall remain in place for that school year. All student fees approved by the Board shall be used for the purposes set forth in the motion and shall not be spent for any other purpose. When publicizing any information concerning any fee authorized to be collected by this policy, the school will specify whether the fee is voluntary or mandatory and the specific activity from which the student will be excluded if the fee is not paid. Among the fees which the Board may authorize are the following: Textbook and library resources Textbooks shall be provided on a loan basis. It is expected that students shall return textbooks and library resources to the school in good condition except for ordinary wear. Students shall be assessed fines for lost, damaged, or defaced books (including those checked out from the library), materials or equipment. The fine will be calculated as the amount to replace the lost, damaged, or defaced book, materials, or equipment, plus a two dollar cataloging/processing fee. If the school district has made a reasonable effort to obtain payment for lost or damaged textbooks or library resources to no avail, the district may then withhold the diploma, transcript or grades of any student who fails to return or replace such textbooks or library resources at the end of the semester or school year. If a student is graduating, the district may deny the privilege of participation in the graduation ceremony if the student has failed to return or replace a textbook or library resource by the date of the ceremony. Alternative payment methods, such as installment plans or school service, shall apply to students who are unable to pay.
Indigent students, as determined in accordance with district guidelines, shall not be required to pay a textbook rental fee, damage deposit, or fine for lost or damaged books or library resources. A student shall not be refused use of textbooks based on failure to pay the required fees. Fees for expendable supplies and materials Teachers shall determine a basic course for each class which can be completed with materials furnished by the school. However, students may be charged a fee for expendable supplies and materials used in the course. Fees for expendable supplies and materials shall related directly to the actual cost of providing these materials to the student. These fees shall be waived for indigent students. Students shall be required to pay for materials that go into ship, crafts, or art projects that are above the basic requirements for the course and are to be retained by the student. Miscellaneous fees Students may be asked to pay miscellaneous fees on a voluntary basis as a condition of participating in or attending a school-sponsored activity or program not within the academic portion of the educational program. Fees for the use of items such as choral robes, band uniforms and school-owned instruments shall be approved by the Board in the annual budget. Students participating in activities which are not required by the teacher or used in the determination of a grade may be required to pay charges covering the cost of the activity. Such charges may include but are not limited to admission fees, food costs and transportation costs on field trips. However, it is incumbent upon the teacher and principal to make every effort to be sure no student is denied the right to participate in trips or other enrichment activities because of lack of funds. The district may impose and collect a fee for the payment of excess transportation costs in accordance with state law. Only those students who use the district’s transportation services shall be required to pay any transportation fee. Waiver of fees All fees, fines, and charges for textbooks and expendable supplies and materials required for classes within the academic portion of the educational program and any transportation fee shall be waived for indigent students. For purposes of determining if a student is able to pay, an indigent student is defined as any child who is eligible for a free or reduced price lunch under the federal poverty income guidelines. Fee schedule The district shall prepare and make available upon request a complete list of student fees, describing how the amount of each fee was derived and the purpose of each fee. This list shall be published in the annual budget document of the district. Parents shall be informed on the fee schedule or otherwise regarding how to apply for a waiver of fees, whether fees are voluntary or mandatory and the specific activity from which the student will be excluded if the fee is not paid. Students qualifying for a fee waiver will receive it without unnecessary embarrassment or public exposure of their need. LEGAL REFS.:
C.R.S. 22-32-109 (1)(u) (free textbooks to indigent students w/o loss/damage deposit) C.R.S. 22-32-110 (1)(o) (textbooks for free or reasonable rental fee) C.R.S. 22-32-110 (1)(jj) (sanctions for failing to return textbooks and library resources) C.R.S. 22-32-113 (5) (transportation of pupils and imposition of fee for excess transportation costs) C.R.S. 22-32-117 (fees)
C.R.S. 22-32-118 (summer school fees) C.R.S. 22-45-104 (disposition of moneys collected from fines and fees) CROSS REF.:
EEA, Student Transportation EFC, Free and Reduced Price Food Services JJ, Student Activities (Cocurricular & Extracurricular) JJJ, Extracurricular Activity Eligibility
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 2006
File: JRA/JRC
Student Records/Release of Information on Students
1. Content and custody of records Student education records in all formats and media, including photographic and electronic records may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; special education records; health and medical information; family background information; teacher or counselor ratings and observations, reports of serious or recurrent behavior patterns, and any individual education program (IEP). Education records do not include records maintained by a law enforcement unit of the school or district that are created by that unit for the purpose of law enforcement. Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from a student's education records. All requests for inspection and review of student education records and requests for copies of such records, as well as disclosure of any personally identifiable information, except as provided by law, shall be maintained as part of each individual's record. The principal shall be the official custodian of the records of students in his/her school. 2. Access to records by parents and eligible students A parent/guardian ("parent") has the right to inspect and review his or her child’s education files. However, if a student is 18 years old or older ("eligible student), the student may inspect or review his or her own records and provide written consent for disclosure of such records and personally identifiable information therein. If an eligible student is a dependent for federal income tax purposes, the parent also is entitled to access his or her child’s educational records despite the lack of written consent from the eligible student. During inspection and review of student records by a parent or eligible student and when requested by them, the principal will provide personnel necessary to give explanations and interpretations of the student records within three working days after the request has been made. In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The principal (or designee), upon receipt of the written request, shall provide access to inspect and review the records and set a date and time for such inspection and review. In no case will the date set be more than three working days after the request has been made. The parent or eligible student shall examine the student's records in the presence of the principal and/or other person(s) designated by the principal.
Only licensed personnel such as the assistant principal, counselor or teacher may be so designated. The record itself shall not be taken from the school building. However, upon request, one copy of the records shall be provided within a reasonable time to the parent/guardian or eligible student at a cost of the current copy rate per page. 3. Requesting records from other districts/schools When a student transfers to this district from another district, the receiving school shall request the student's records from the transferring district if the records have not already been forwarded to the receiving school. 4. Transferring records to other school districts/post-secondary institution Student records, including disciplinary records, may be transferred without consent to officials of another school, school system, or post-secondary institution that has requested the records and in which the student seeks or intends to enroll. The district will provide a copy of the record to the eligible student or student’s parents if so requested. 5. Requesting and receiving information and records from state agencies Within the bounds of state law, district personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children’s Code. District personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained. If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Family Education Rights and Privacy Act of 1974 (“FERPA”). 6. Requests to amend education records A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student. The request to the principal to amend a student's records must be made in writing within ten school days of the date the records were first examined. If the principal, after consulting with any other person having relevant information, decides not to amend the record as requested by the parent or eligible student, the principal shall 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 shall be provided to the parent or eligible student when notified of the right to a hearing. A request for a formal hearing must be made in writing and addressed to the superintendent. The response to the request shall be mailed within 10 school days. The hearing shall be in accordance with the following: a. The hearing shall be held within 15 school days after receipt of the request. Notice of the date, place, and time of the hearing will be forwarded to the parent/guardian or eligible student by certified mail.
b.
The hearing will be conducted by a principal or higher administrative official as designated in writing by the superintendent. The official conducting the hearing shall not be the principal who made the initial decision nor shall it be anyone with a direct interest in the outcome of the hearing.
c.
Parents/guardians or eligible students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.
d.
The official designated above shall make a decision in writing within ten school days following the conclusion of the hearing and shall notify the parent/guardian or eligible student of the decision by certified mail.
e.
The decision of the official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.
f.
The decision shall include a statement informing the parents/guardians or eligible students of their right to place in the student records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the district. If the student record is disclosed by the school to any other party, the explanation shall also be disclosed to that party.
7. Disclosure with written consent Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following: a.
The specific records to be released
b.
The specific reasons for such release
c.
The specific identity of any person, agency or organization requesting such information and the intended uses of the information
d.
The method or manner by which the records will be released
e.
The right to review or receive a copy of the records to be released
Parent or eligible student consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required. All signed consent forms shall be retained by the district. 8. Disclosure without written consent The district will disclose personally identifiable information from student records without written consent of the parent or eligible student only to those persons or entities allowed under federal or state law to receive such information. The district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student. Another circumstance that permits disclosure without written consent is disclosure to a school official within the district having a legitimate educational interest in the education record or the personally identifiable information contained therein.
For purposes of this policy, a “school official” is a person employed by the district as an administrator, supervisor, teacher or support staff member; a person serving on the Board of Education; a person or company with whom the district has contracted to perform specialized tasks (such as attorneys, auditors, consultants and health care providers); or a parent/guardian or student serving on an official committee or assisting another school official in performing his or her tasks. A school official has a “legitimate educational interest” if disclosure to the official is: (1) Necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement; (2) Used within the context of official district business and not for purposes extraneous to the official’s areas of responsibility; (3) Relevant to the accomplishment of some task or to a determination about the student; and (4) Consistent with the purposes for which the data are maintained. Other circumstances that permit disclosure without written consent are listed in the notice to parents and students of rights concerning student records (JRA/JRC-E-1). 9. Disclosure of disciplinary information to school personnel In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others. Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The principal or designee is required to inform the student and the student’s parent/guardian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent/guardian may challenge the accuracy of such disciplinary information through the process outlined in the notice to parents and students of rights concerning student records (JRA/JRC-E-1). 10. Disclosure to military recruiting officers Names, addresses and home telephone numbers, as well as directory information, of secondary school students will be released to military recruiting officers within 90 days of the request unless a parent or student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the district in furnishing this information will be paid by the requesting service. 11. Disclosure to Medicaid In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall release directory information consisting of the student’s name, date of birth and gender to Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. The district shall obtain written consent annually from a parent/guardian before the release of any nondirectory information required for billing. To accomplish this, the district shall include a consent form with the “start of school” information each fall. 12. Disclosure to criminal justice agencies
The superintendent or designee is authorized by law to share disciplinary and attendance information with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to trial. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student’s parent/guardian. 13. Disclosure to the Colorado Commission on Higher Education (CCHE) On or before December 31 of each school year, the school district shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law. 14. Disclosure to other parties Except as noted in this policy, student records will not be released to other individuals and parties without a written request and authorization of the parents or eligible student. 15. Disclosure of directory information The district may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday. “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 which may be released includes but is not limited to the student's name, e-mail address, photograph, 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, grade level, enrollment status, degrees, honors and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses shall not be disclosed pursuant to this section. 16. Annual notification of rights The district will notify parents and eligible students of their rights pursuant to this policy at the beginning of each academic year. The notice will be in the form provided on exhibit JRA/JRC-E. For notice to parents or eligible students who are disabled or whose primary or home language is other than English, the format or method of notice will be modified so it is reasonably likely to inform them of their rights. A copy of the Family Education Rights and Privacy Act and this policy may be obtained from the office of the superintendent during normal business hours. 17. Waivers A parent or eligible student may waive any or all of his or her rights protected by this policy. The waiver shall not be valid unless in writing and signed by the parents or eligible student. The district does not require a waiver but may request a waiver. Any waiver under this provision may be revoked at any time in writing. LEGAL REFS.:
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act of 1974)
20 U.S.C 7908 (military recruiter information contained in No Child Left Behind Act of 2001) 34 C.F.R. § 99.1 et seq. (FERPA regulations) C.R.S. 19-1-303 and 304 (records and information sharing under Colorado Children’s Code) C.R.S. 22-1-123 (district shall comply with FERPA) C.R.S. 22-32-109 (1)(ff) (duty to establish policy on disclosing eighth grade students names and mailing addresses to the Colorado Commission on Higher Education) C.R.S. 22-32-109.1(6) (duty to establish policy on sharing information consistent with state and federal law in the interest of making schools safe) C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies) C.R.S. 22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior) C.R.S. 22-33-107.5 (school district to notify of failure to attend school) C.R.S. 24-72-204 (3)(a)(VI) (schools cannot disclose address and phone number without consent) C.R.S. 24-72-204 (3)(d) (information to military recruiters) C.R.S. 24-72-204 (3)(e)(I) (certain FERPA provisions enacted into Colorado Law) C.R.S. 24-72-204 (3)(e)(II) (disclosure by staff of information gained through personal knowledge or observation) C.R.S. 24-72-205(5) (fee for copying public record) C.R.S. 26-4-531 (districts who contract to receive federal funds for health services for students receiving Medicaid benefits may share information as allowed by parent/guardian) CROSS REFS.: Administrative policies: JK, Student Discipline JLC, Student Health Services and Requirements JRCA*, Sharing of Student Records/Information between School District and State Agencies KBBA, Custodial, Non-Custodial Parents KLMA, Relations with Military Recruiters, Postsecondary Institutions and Prospective Employers Board policies: EL-3, Treatment of Students, Parents and Community Eagle County School District, Re50J Adopted: July 9, 1997 Revised: July 1, 2003 Student Records/Release of Information on Students (Notification to Parents and Students of Rights Concerning Student School Records)
File: JRA/JRC-E
The Family Educational Rights and Privacy Act (FERPA) and Colorado law afford parents/ guardians and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, as follows: 1. The right to inspect and review the student’s education records within 3 days of the district receiving a request for access. A parent or eligible student making such a request must submit to the school principal a written request that identifies their records they wish to inspect. The principal 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 violates the privacy rights of the student. A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violate the privacy rights of the student by writing to the school principal clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student. If the principal decides not to amend the record as requested, the principal will notify the parents/guardians 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 consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent. Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following: a. The specific records to be released; b. The specific reasons for such release; c. The specific identity of any person, agency or organization requesting such information and the intended uses of the information; d. The method or manner by which the records will be released; and e. The right to review or receive a copy of the records to be released. Parent or eligible student consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required. All signed consent forms shall be retained by the school district. Disclosure of personally identifiable information can be made without consent to the following: a. A school official within the district, who has a legitimate educational interest in the education record or the personally identifiable information contained therein. A school official is a person employed by the district as an administrator, supervisor, teacher, or support staff member; a person serving on the Board of Education; a person or company with whom the district has contracted to perform specialized tasks (such as an attorney, auditor, consultant or health care provider); or a
parent or student serving on an official committee, or assisting another school official in performing his or her tasks. A school official has “legitimate educational interest� if disclosure to the official is: (1) Necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement; (2) Used within the context of official district business and not for purposes extraneous to the official’s areas of responsibility; (3) Relevant to the accomplishment of some task or to a determination about the student; and (4) Consistent with the purposes for which the data are maintained. b. Officials of another school or school system or post-secondary institution that has requested the records and in which the student seeks or intends to enroll. In this case, disciplinary information may be included. The district will provide a copy of the record to the eligible student or student's parents if so requested. c. In connection with a student's application for or receipt of financial aid. d. A criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to trial. Such information shall only include disciplinary and attendance information and shall only be shared upon certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student's parent/guardian. e. Educational testing and research organizations for the purpose of administering student aid programs or improving instruction or predictive tests as long as confidentiality is maintained and such organizations are required to destroy records after they no longer are needed. f. Accrediting institutions to carry out their accrediting functions. g. Parents of students over 18 years of age that are dependent for federal income tax purposes. h. In emergency situations to appropriate persons if the information is necessary to protect the health or safety of the student or others. i. Anyone if required by a court order or subpoena. The district will make reasonable efforts to notify the parent or eligible student prior to complying with the subpoena or court order. The district will not provide such notice if the subpoena is issued by a federal grand jury or any other law enforcement purpose where the courts has ordered nondisclosure of the existence or contents of the subpoena or information furnished. j. A court presiding over a legal action initiated by the school district where the education records are relevant, or initiated by a parent or eligible student where the records are relevant for the school district's defense. The district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student. 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:
Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605 5. The right to refuse to permit the designation of any or all of the categories of directory information. The district is permitted by law to disclose directory information without written consent of the parent or eligible student. “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. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday. Directory information which may be released includes but is not limited to the student’s name, email address, photograph, 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, grade level, enrollment status, degrees, honors and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses shall not be disclosed pursuant to this section. 6. The right to request that information be provided to military recruiting officers. Names, addresses and home telephone numbers of secondary school students will be released to military recruiting officers unless a parent or student submits a written request that such information not be released. Eagle County School District, Re50J Adopted: July 1, 2011
File: JRCA*
Sharing of Student Records/Information between School District and State Agencies It is the district's intention to utilize all avenues under state law to facilitate the sharing of relevant student records and information when necessary to protect the safety and welfare of school district staff, visitors, students, and the public and to protect property. The superintendent shall develop procedures and a training program for staff consistent with this policy. The procedures shall direct school district personnel to provide and obtain student records and information to/from state agencies, including law enforcement and judicial department agencies, to the extent required or allowed by state and federal law. Sharing of information by the district Disciplinary and attendance information shall only be shared with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to adjudication. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student's parent/guardian. School personnel who share disciplinary and attendance information concerning a student pursuant to this policy are immune from civil and criminal liability if they act in good faith compliance with state law.
Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from student's education records. Information obtained from state agencies Within the bounds of state law, district personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children's Code. District personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained. School personnel who knowingly violate this provision are subject to disciplinary action pursuant to district policy and to a civil penalty of up to $1,000. If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Family Education Rights and Privacy Act of 1974 ("FERPA"). When a petition is filed in juvenile court or district court that alleges a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled. The information shall be used by the superintendent to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The district shall take appropriate disciplinary action, which may include suspension or expulsion, in accordance with the student code of conduct and related policies. LEGAL REFS.:
20 U.S.C. §1232g (Family Educational Rights and Privacy Act) 34 C.F.R. §99.1 et seq. (Regulations) C.R.S. 19-1-303 and 304 (records and information sharing under Colorado Children's Code) C.R.S. 19-1-304(5.5) (duty of prosecuting attorney to provide juvenile delinquency records) C.R.S. 19-2-921(7.5) (department of human services shall notify school district if student’s parole conditions require school attendance) C.R.S. 22-1-122 (district shall comply with FERPA) C.R.S. 22-32-109.1(6) (duty to establish policy on sharing information consistent with state and federal law in the interest of making schools safer) C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies) C.R.S. 22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior) C.R.S. 22-33-107.5 (school district to notify of failure to attend school) C.R.S. 24-72-204 (3)(e)(I) (certain FERPA provisions enacted into Colorado Law) C.R.S. 24-72-204(3)(e)(II) (disclosure by staff of information gained through personal knowledge or observation)
CROSS REFS.: Administration policies:
JKD/JKE, Suspension/Expulsion of Students JRA/JRC, Student Records/Release of Information on Students Board policies: EL-3, Treatment of Students, Parents and Community Eagle County School District, Re50J Adopted: March 18, 1992 Revised: November 12, 2003
File: KB
Parent Involvement in Education The Board shall seek to foster relationships with parents. By interacting, the home and school district programs can work together towards achieving common educational goals for students. This relationship is fostered when the District: 1.
Consults with and encourages parents to share in school planning and in the setting of objectives through the building level accountability committee. •
Helps parents understand the educational process and their role in promoting it.
3.
Informs parents/guardians of school choices within the district, including but not limited to, information on open enrollment, choice programs and charter school options.
4.
Provides opportunities for parents to be informed about their child’s progress toward attaining proficiency on state and district content standards through written materials and public meetings. Information will explain how the student’s progress will be measured and how parents will be informed of this progress. This information will also be provided to the building level and district accountability committees.
5.
Provides appropriate avenues for parents to find support in their role as partners in the education of their children.
6.
Encourages the maintenance of formal parent organizations at each school building as well as at the District level. The organizations shall receive information concerning the activities of the school and the District and shall have opportunities for input into District decisions as appropriate.
The District also recognizes the special importance of parental involvement to the success of its Title I, Migrant Education Program, and Limited English Proficiency programs and sets forth the following specific requirements. Title I Parent Involvement Development of District Title I Involvement Policy Pursuant to federal law, the school district and the parents of students participating in Title I programs shall jointly develop a written parent involvement policy to be incorporated into the District’s Title I plan. This policy shall describe how the district will accomplish the following: 1. 2. 3.
Involve parents in jointly developing the Title I program plan, reviewing implementation of the plan and suggesting improvements to the plan. Provide the coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parental involvement activities to improve student academic achievement and school performance. Build the schools’ and parents’ capacity for strong parental involvement.
4. 5.
6. 7. 8.
9. 10.
11.
12. 13. 14. 15.
Coordinate and integrate Title I parental involvement strategies with those of other educational programs. Conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the District Title I Parent Involvement Policy (KBA) with regard to improving the academic quality of the schools served, including identifying barriers to greater participation by parents in activities authorized by law, particularly by parents who: o Are economically disadvantaged o Have disabilities o Have limited English proficiency o Have limited literacy o Are of any racial or ethnic minority background o Are parents of migratory children The District shall use the findings of such evaluation to design strategies for more effective parental involvement and to revise, if necessary, the District Title I Parent Involvement Policy (KBA). Involve parents in the activities of the schools served. Involve parents in discussions regarding how Title I funds allotted for parent involvement activities shall be used. Provide assistance to parents, as appropriate, in understanding such topics as the state’s academic content and achievement standards, state and local academic assessments, the requirements of Title I, how to monitor students’ academic progress and how to work with school staff to improve the achievement of students. Provide materials and training to help parents work with students to improve student achievement, such as literacy training and using technology, to foster parental involvement. With the assistance of parents, educate teachers, pupil services personnel, principals and other staff in: o The value and utility of contributions of parents o How to reach out to, communicate with, and work with parents as equal partners o Implementing and coordinating parent programs o Building ties between parents and the school To the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start and public preschool and other programs, and conduct other activities that encourage and support parents in more fully participating in the education of their children. Ensure that all information related to school and parent programs, meetings and other activities is sent to parents in a format and, to the extent possible, in a language the parents can understand. Provide such other reasonable support for parental involvement activities as parents may request. Review the effectiveness of parent involvement actions and activities of District schools receiving Title I funds. Arrange school meetings at a variety of times, or conduct conferences between teachers or other educators, in order to maximize parental involvement and participation.
Development of School-Level Title I Parent Involvement Policy Each school receiving Title I funds shall jointly develop with and distribute to parents of students participating in the Title I program (hereafter referred to as “parents”) a written School-Level Title I Parent Involvement Policy agreed upon by the parents in accordance with the requirements of the federal law (KB-E1). The policy shall contain a school-parent compact or agreement that outlines how parents, school staff and students will share the responsibility of improved student academic achievement and the means by which the school and parents will build and develop a partnership to help students. Title I Limited English Proficiency Program Parent Involvement
The District shall implement an effective means of outreach to parents of limited English proficient students to inform them about how they can be involved in the education of their students and be active participants in assisting their students in attaining English proficiency, achieve at high levels in core academic subjects and meet challenging state academic and content standards. The District shall hold regular meetings for the purpose of formulating and responding to recommendations from parents. Parents shall receive notice of the meetings. The District shall provide notice to parents of students identified for participation in the ESL program, not later than 30 days after the beginning of each school year (or within 2 weeks if during the school year) that includes the following: 1. The reasons for identification of the students as limited English proficient and in need of placement in the program. 2. The student’s level of English proficiency, how the level was assessed and the status of the student’s academic achievement. 3. The methods of instruction used in the program, as well as methods used in other available programs, including how such programs differ in content, instructional goals and the use of English and native language instruction. 4. How the program will meet the educational strengths and needs of their student. 5. How the program will specifically help the student learn English and meet age-appropriate academic achievement standards for grade promotion and graduation. 6. The specific exit requirements for the program, including the expected rate of transition from the program into the classrooms that are not tailored for limited English proficient students. 7. For students with disabilities, how the program meets the objectives of the student’s individualized education program. 8. Information pertaining to parental rights that includes written guidance regarding: o The right to have the student immediately removed from the program at the parent’s request o Options the parent has to decline enrollment of the student in the program or choose another program or method of instruction if available o Assisting parents in selecting among various programs and methods of instruction, if offered. The notice and information provided to parents shall be in an understandable and uniform format and to the extent practicable, provided in a language the parent can understand. Title I Migratory Education Program Parent Involvement The District shall establish a Parent Advisory Council for migratory education programs of one or more school years in duration. The Parent Advisory Council shall be consulted to ensure that all programs and projects are carried out in a manner that provides for the same parental involvement as is required for other Title I programs, as noted above, unless extraordinary circumstances make such involvement impractical. The migratory education programs, to the extent feasible, shall provide for advocacy and outreach activities for migratory students and their families, including informing the students and families and helping them to access other education, health, nutrition and social services. All information and notices to parents of students in Migratory Education Programs shall be in a format and language understandable to the parents. LEGAL REFS.:
C.R.S. 22-7-101 through 22-7-107 (Educational Accountability Act of 1971) (local accountability programs) C.R.S. 22-7-407 (5) (informing parents about standards-based education) C.R.S. 22-11-201 (4)(b)(I) (accreditation contract must bind district to administer community involvement, including processes for parents) C.R.S. 22-30.5-109 (publicity regarding educational options)
1 CCR 301-1, Rules 2202-R.2.01 (4)(j) (accreditation contract must include goals and processes for informing and involving parents, families, community and accountability committees) 20 U.S.C. §6301 et seq. (No Child Left Behind Act of 2001) Title I, Part A, Section 1118 (Title I parent involvement requirements) Title I, Part A, Section 1114 (b)(1)(F) (Schoolwide Reform Program must include strategies to increase parent involvement) Title I, Part A, Section 1115 (c)(1)(g) (Targeted Assistance Program must include parent involvement strategies) Title I, Part A, Section 1116 (a)(1)(D) (school districts’ receiving Title I funds must review effectiveness of parent involvement actions and activities at schools) Title I, Part F, Section 1606 (a)(7) (Comprehensive School Reform Grant Program parent involvement requirements) Title II, Part A, Section (a)(3)(B)(IV) (preparing and training for highly qualified teachers and principals Grant Program parent involvement provisions) Title I, Part A, Section 1112 (g) (parent involvement and notifications in districts using Title I funds to provide language instruction to limited English proficient students) Title I, Part C, Section 1304 (b)(3) (parent involvement and notifications in districts using Title I funds for the education of migratory children) Title I, Part A, Section 1114 (b)(2) (eligible school that desires to operate a schoolwide program must develop a comprehensive reform plan) CROSS REFS.:
ADA, School District Goals and Objectives AE, Accountability/Commitment to Accomplishments AEA, Standards Based Education IA, Instructional Goals and Learning Objectives IHBIB, Primary/Preprimary Education IL, Evaluation of Instructional Programs ILBA, District Program Assessment ILBB, State Program Assessments KBA, District Title I Parent Involvement Policy KD, Public Information and Communications
Eagle County School District, Re50J Adopted: November 1, 2003 Revised: July 1, 2006
File: KB-E1
School-Level Title I Parent Involvement Policy (School/Parent Compact) This policy and compact has been jointly developed and agreed upon by the ________ School and parents of students served in the school pursuant to Title I (hereafter referred to as “parents”.) Policy The administration, staff and parents of this school believe that the improved academic achievement of each student is a responsibility shared by the entire school community (District, school, community members, staff, students and parents). Parent involvement activities in the school will include opportunities for: • Parents to volunteer and be involved in school activities • Staff development and parent education
• • •
Parents to provide home support for their child’s education Parents to participate in school decision-making through participation in the School Accountability Committee and PTA Effective communication between the school and parents which will include two studentparent-teacher conferences per year
Compact Responsibilities of the School and Administration The school will: • Provide a high-quality curriculum and instruction in a supportive and effective learning environment enabling students to meet the state academic standards. • Involve parents in an organized, ongoing and timely way in the planning, review and improvement of Title I programs, plans and policies. The Administration will: • Facilitate and implement the Title I Parent Involvement Policy. • Involve parents in the planning, review and improvement of the School Parent Involvement Policy at least annually. • Provide notice to parents of the School Parent Involvement Policy in an understandable and uniform format and to the extent practicable, in a language the parents can understand. • Make the School Parent Involvement Policy available to the community. With regard to parent meetings, the administration will: • Conduct annual meetings to inform parents of their school’s participation in Title I, the requirements of Title I and the right of parents to be involved. • Inform parents of all meetings and encourage and invite parents to attend. Meetings shall be offered at various convenient dates and times to facilitate attendance by parents. With regard to Title I Programs and Plans, the administration will: • Inform parents about the goals and purposes of Title I, any Title I programs at the school, the curriculum used in the programs, the academic assessments used to measure student progress, and the proficiency levels students are expected to meet. • Involve parents in the planning, review and improvement of any Title I programs at the school. • Submit any parent comments on the plan when it is submitted to the district if the Title I plan is not satisfactory to the parents. • Provide opportunities for regular meetings of parents and the school where parents may offer suggestions and ask questions regarding Title I policies and programs if such meetings are requested by parents. • Provide timely responses to parents’ suggestions and questions. • Provide assistance to parents, as appropriate, in understanding such topics as the state’s academic content and achievement standards, state and local academic assessments, the requirements of Title I, how to monitor their child’s academic progress and how to work with school staff to improve the achievement of the child. With regard to professional development, the administration will: • With the assistance of parents, educate teachers, pupil services personnel, principals and other staff in: • The value and utility of contributions of parents • How to reach out to, communicate with, and work with parents as equal partners • Implementing and coordinating parent programs • Building ties between parents and the schools
With regard to the coordination with other programs, the administration will: • To the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start, and other preschool and other programs, and conduct other activities that encourage and support parents in more fully participating in the education of their child. Shared responsibilities of administration and staff Administration and staff will: • Provide assistance to parents, as appropriate, in understanding such topics as the state’s academic content and achievement standards, state and local academic assessments, the requirements of Title I, how to monitor their child’s academic progress and how to work with school staff to improve the achievement of the child. • Provide materials and training to help parents work with their child to improve the child’s achievement, such as literacy training and using technology as appropriate, to foster parental involvement. • Ensure that all information related to school and parent programs, meetings and other activities is sent to parents in a format and, to the extent possible, in the parent’s native language and at a level which the parents can easily understand. • Provide such other reasonable support for parental involvement activities as parents may request. • Provide access to resources for parents to use together with their children. Responsibilities of staff The staff will: • Assist the administration in facilitating and implementing the Title I Parent Involvement Policy and parent involvement activities. • Advise parents of their child’s progress on a regular basis, at least quarterly. • Be readily accessible to parents and provide opportunities for parents to meet with them on a regular basis to discuss their child’s progress and to participate as appropriate in the decisions relating to their child’s education. At least two parent/teacher conferences shall be held each year during which the School-Level Title I Parent Involvement Policy (School/Parent Compact) will be discussed as it relates to student’s achievement. • Provide opportunities for parents to volunteer and participate in their child’s class and observe classroom activities. • Organize parent meeting in the fall of the year and invite students, parents, and school staff. • Invite parents to observe their child in the Title I class during the 1st or 2nd trimester • Send home books for students to read to their parents. • Promote success for all children. Responsibilities of parents Parents will: • Support their child’s learning at home by: o Monitoring attendance o Monitoring completion of homework o Monitoring television watching o Encouraging positive use of extracurricular time • Volunteer in the classroom. • Observe their child in the Title I class during the 1st or 2nd trimester. • Read on a daily basis with their child. • Attend at least one Title I Parent Meeting each year. • Participate, as appropriate, in decisions related to their student’s education. • Communicate how their child is applying literacy strategies at home. • Attend fall and spring parent conferences with classroom and Title I teacher.
Responsibilities of students Students will: • Try to do their best. • Respect themselves and others. • Make sure they understand homework assignments before leaving school. • Make sure books, papers, and other materials go home for homework assignments. • Complete homework assignments, asking for help only when needed. • Turn in assignments. • Communicate their strengths, needs and concerns to teachers and parents. School staff member:
Date: _________________________
__________________________ Name
______________________________ Title
Parent:
Date: _________________________
__________________________ Name (print)
______________________________ Signature
(Note: Individual Literacy Plans (ILPs) are required for some students under Colorado law. For students with ILPs, any individual school/parent compacts should be developed with awareness of the parental responsibilities provisions contained in the student ILP.) Eagle County School District, Re50J Adopted: November 12, 2003
File: KBA
District Title I Parent Involvement Pursuant to federal law, the district and the parents of students participating in Title I district programs have jointly developed the following parent involvement policy. The policy shall be implemented by the superintendent or designee according to the timeline set forth in the policy and incorporated into the district’s Title I plan. Involvement with Title I planning The district shall hold an annual meeting for parents of students in Title I programs, as well as school Title I staff, principals of schools receiving Title I funds and other interested persons to discuss the Title I program plan, review implementation of the Title I plan, discuss how Title I funds allotted for parent involvement activities shall be used, and invite suggestions for improvement. District support for parent involvement The district shall provide coordination, technical assistance and other support necessary to assist participating schools in building the capacity for strong parent involvement to improve student academic achievement and school performance. This coordination, assistance and support shall include: • • •
the District will appoint annually a District Parent Advisory Council to provide advice on all matters related to parent involvement in programs supported by Title I funds the District Title I staff will consult annually with the Title I Parent Advisory Council regarding annual goals to improve parent involvement in the Title I program. the District, at least annually, will allocate resources on an as needed basis for parent involvement activities beyond the minimum annual legal requirements
•
• •
the District will support the attendance of staff in teacher development training and parents in parental growth and development experiences through various means including but not limited to released time and financial resources the District will designate other district support for parent and teacher development and training as needed adoption of district model approaches to improving parent involvement at the school level
The district, with the assistance of parents, shall develop and implement a district professional development plan to enhance the skills of teachers, pupil services personnel, principals and other staff in: • • • •
the value and utility of contributions of parents how to reach out, communicate with, and work with parents as equal partners implementing and coordinating parent programs building ties between parents and the school
Coordination of parent involvement activities with other district programs The district shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with district preschool and other programs, and conduct other activities such as parent informational nights, that encourage and support parents in more fully participating in the education of their students. Student learning The district shall coordinate and integrate Title I parental involvement strategies with those of other educational programs in the district. The purpose of this coordination shall be in improve the academic quality of the school served, including identifying barriers to greater participation by parents in activities authorized by law, particularly by parents who: • are economically disadvantaged • have disabilities • have limited English proficiency • have limited literacy • are of any racial or ethnic minority background • are parents of migratory children The District Title I Director or designee will document, at least twice yearly, information gleaned from district staff involved with other educational programs. This effort will be used to identify any perceived barriers in accessing district programs by parents who fit any of the descriptions outlined above. The District shall provide to parents, as appropriate, information to help them understand the state’s academic content and achievement standards, state and local academic assessments, the requirements of Title I, how to monitor students’ academic progress and how to work with school staff to improve the achievement of students. The district shall develop written materials and training for staff to help parents work with students to improve student achievement. The District shall provide, but not be limited to, providing support and training in the following areas; basic literacy skills, technology skills, Colorado State content standards, how to monitor state and local academic assessments, on an as needed basis. Need will be determined via parent surveys and other parental input. School-based parent involvement activities Parent involvement is an important component of an effective school. Being a rural school district and community allows for a great deal of interaction and communication with parents. This occurs because of many varieties of school and community activities that frequently bring teachers, parents,
and students in contact with each other. Our district will encourage parents to collaborate with the district and the school by: • • • • • • •
promoting and supporting parenting skills for parents in need enabling parents to become volunteers at school at all levels soliciting parents as full partners in the decisions that affect children and families of district schools insuring that communication between home and school is regular, two-way and meaningful encouraging parents to play an integral role in assisting student learning welcoming parents in the school and seeking and supporting their assistance promoting community collaboration to utilize resources to strengthen schools, families and student learning.
Method of communicating with parents All information related to school and parent programs, meetings and other activities shall be sent to parents in a format and, to the extent practicable, in a language the parents can understand. Communications and information will be shared with parents in the following ways: •
• •
• •
• •
at the beginning of each school year the district will prepare and disseminate a report to all parents of children attending the school, showing how the district did on CSAP compared to the state and whether the district has been identified for school improvement if the district is identified for school improvement, letters will then be distributed to parents explaining CHOICE (transportation, supplemental educational service). parent meetings are to be scheduled near the beginning of the year to discuss the Title I Program as well as other services available to help students improve achievement by encouraging parent/school compacts workshops, in-services, speakers and programs may be provided to help meet the needs of parents promoting an open door policy for parents and/or families to visit the school, the Title I program as well as other programs outlined in this policy parent-teacher conferences will be scheduled regularly through the year to discuss the needs and progress of each individual student informal communications throughout the year, telephone, contact with parents through various school activities (sports, concerts, assemblies, etc.).
Annual evaluation The district shall conduct, with the involvement of parents and the District Parent Advisory Council, an annual evaluation of the content and effectiveness of this policy. Effectiveness shall be measured in part by improvements in student academic achievement and in school performance. The evaluation shall specifically address barriers to greater participation by parents in activities authorized by law, particularly by parents who: 2. 3. 4. 5. 6. 7.
are economically disadvantaged have disabilities have limited English proficiency have limited literacy are of any racial or ethnic minority background are parents of migratory children
The district shall use the findings of the evaluation to design strategies for more effective parental involvement and to revise, if necessary, this policy.
The district shall provide such other reasonable support for parental involvement activities as parents may request. Development of school-level Title I parent involvement policy Each school receiving Title I funds shall jointly develop with and distribute to parents of students participating in the Title I program (hereafter referred to as “parents”) a written School-Level Title I Parent Involvement Policy agreed upon by the parents in accordance with the requirements of federal law. The policy shall contain a school-parent compact or agreement that outlines how parents, school staff and students will share the responsibility of improved student academic achievement and the means by which the school and parents will build and develop a partnership to help students. At a minimum, the compact shall include the provisions contained in the sample exhibit (KB-E-1) attached to this policy. LEGAL REFS.:
C.R.S. 22-7-101 through 22-7-107 C.R.S. 22-7-407 (5) C.R.S. 22-11-201 (4)(b)(I) C.R.S. 22-30.5-109 1 CCR 301-1, Rules 2202-R.2.01 (4)(j) 20 U.S.C. 6301 et seq. Title I, Part A, Section 1118 Title I, Part A, Section 1114 (b)(1)(F) Title I, Part A, Section 1115(c)(1)(g) Title I, Part A, Section 1116 (a)(1)(D) Title I, Part F, Section 1606 (a)(7) Title II, Part A, Section (a)(3)(B)(IV) Title I, Part A, Section 1112 (g) Title I, Part C, Section 1304 (b)(3) Title I, Part A, Section 1114 (b)(2)
CROSS REFS.:
ADA, School District Goals and Objectives AE, Accountability/Commitment to Accomplishments AEA, Standards Based Education IA, Instructional Goals and Learning Objectives IHBIB, Primary/Preprimary Education IL, Evaluation of Instructional Program ILBA, District Program Assessment ILBB, State Program Assessments KD, Public Information and Communications
Eagle County School District, Re50J Adopted: January 10, 1996
File: KBBA
Custodial and Noncustodial Parent Rights and Responsibilities The Board presumes that the person who enrolls a student in school is the student’s custodial parent. Unless a court order provides otherwise, the custodial parent shall be the one whom the District holds responsible for the education and welfare of that child. Custodial and non-custodial parents or legal guardians shall have the right to receive information contained in school records concerning their minor child. The custodial parent or legal guardian may forbid or permit the disclosure of such information to others. The District, unless informed
otherwise, assumes that there are no restrictions regarding the noncustodial parent’s right to be kept informed of the student’s school progress and activities. If restrictions are made relative to the rights of the noncustodial parent, the custodial parent shall be requested to submit a certified copy of the court order which curtails these specific rights. Unless there are specific court-imposed restrictions, the noncustodial parent, upon request, shall be given access to all of the student’s educational records including, but not limited to the student’s cumulative file and the student’s special education file, if applicable, and shall be permitted to attend teacher conferences. The student shall not be permitted to visit with or be released to anyone, including the noncustodial parent, without the approval of the custodial parent unless otherwise provided by court order. LEGAL REF.:
20 U.S.C. Section 1232g (Family Educational Rights and Privacy Act of 1974) 30 C.F.R. Section 99.1 et seq. (Regulations)
CROSS REF.:
JLIB, Student Dismissal Precautions JRA/JRC, Student Records/Release of Information on Students KBBA-R, Custodial and Noncustodial Parent Rights and Responsibilities
Eagle County School District, Re50J Adopted: January 10, 1996
File: KBBA-R
Custodial and Noncustodial Parent Rights and Responsibilities The following procedures have been developed for situations involving child custody, visitation and release of records: 1.
The enrollment records of the District will include information regarding the marital status of a student's parents. The parents will be informed that this information is requested solely to protect their rights as parents.
2.
Responsible individuals in each school need to be made aware of issues relating to custodial conflicts. Those issues relating to the right of access of noncustodial parents will be noted on the Student Personal Data Information card.
3.
If a person whom the principal or designee does not recognize appears at school requesting the release of a student, the principal or designee will require identification such as a driver's license and determine if release is appropriate.
Children of divorced/separated parents 1.
Both natural parents have the right to: a.
View the child's school records.
b.
Receive school progress reports.
2.
The District will presume that both parents have equal access to a child when that student is registered in school unless one parent provides the District with a court order indicating otherwise.
3.
A copy of the court order governing a divorce, separation or delineation of parental rights will be provided by the custodial parent and kept in the student's cumulative record as a
temporary record. 4.
If the school is aware that the student's parents are divorced or separated and that the divorce decree or temporary order contains custodial stipulations, the custodial parent will be asked to provide a copy of the divorce decree. If the custodial parent refuses to provide a copy of the court order to the District, the principal will be advised and a statement of the refusal will be noted, including the date and situation. This statement will be filed in the student's cumulative record. The District will provide full access to both parents in this case.
5.
In some instances, two opposing court orders may be presented to the school. In such event, the latest order will govern.
6.
Joint custody stipulations in a divorce decree will be read carefully in order to understand the rights and privileges allowed each parent. If issues of custodial access are present, the school will review such a decree for purposes of establishing residency and visitation rights. If custodial access or any other prevailing issue is not of concern, no such review will be made. Students may be allowed by such a decree to attend two schools on a rotation basis corresponding to custody arrangements.
7.
A student will not be released to or visited by a noncustodial parent during the school day unless the custodial parent has provided written permission stipulating the time and date of the release or permission for visitation.
8.
If a school official is in doubt about the validity of a request or documentation presented, the official will contact the Superintendent or designee. The official should request positive identification of any individual making a request for release or visitation of a student.
9.
If a parent making a request for release or visitation refuses to leave the school premises at the principal's request, the principal will contact the appropriate law enforcement agency.
10.
Contact from an attorney on behalf of a parent may be referred to the school attorney on advice of the Superintendent.
11.
It is not the responsibility of the District or its employees to resolve disputes between parents regarding matters of a student’s custody or visitation.
CROSS REF.:
KBBA, Custodial and Noncustodial Parent Rights and Responsibilities
Eagle County School District, Re50J Adopted: May 24, 1989
File: KCA
School Community Relations Goals The Board of Education shall interpret the educational program to the people and invite discussions and suggestions on important educational policies, and shall attempt, at all times, to represent the entire community rather than any single group or section. To this end, the Board establishes the following school-community relations goals: 1.
To develop intelligent citizen understanding of the School District in all aspects of its operation.
2.
To determine how the citizenry feels about the School District and what it wishes the School District to accomplish.
3.
To develop citizen understanding of the need for adequate financial support for a sound
educational program. 4.
To help citizens assume a more direct responsibility for the quality of education the School District provides.
5.
To earn the good will, respect, and confidence of the citizenry in the personnel and services of the School District.
6.
To bring about citizen understanding of the need for the improvement and what must be done to facilitate essential change.
7.
To involve citizens in the work of the Board and solving of its educational problems.
8.
To invite the assistance, cooperation, and understanding of elected and appointed officials and committees in the development of educational programs and facilities.
9.
To promote a genuine spirit of cooperation between the Board and community in sharing leadership for the improvement of the community.
Eagle County School District, Re50J Adopted: December 12, 1984
File: KCB
Community Involvement in Decision Making The Board of Education recognizes that community participation in school affairs is essential if the school system and the community are to maintain mutual confidence and respect and work together to improve the quality of education for students. It therefore intends to use every opportunity to identify the needs of the community and to be responsive, through its action, to those needs. All citizens of the District will be encouraged to express their ideas, concerns, and judgments about the schools through such means as (a) written suggestions or proposals; (b) presentations at hearings; (c) responses to surveys made through interviews, written instruments, or other means; (d) comments at meetings of the Board; and (e) service on citizens’ advisory committees. The advice of the public will be given careful consideration. In the evaluation of such advice, the first concern will be for the educational program as it affects students. The Board’s final decision may depart from this advice when, in the judgment of staff and the Board, such advice is not consistent with goals adopted by the Board, good educational practice, or within reach of the financial resources available. CROSS REF.:
BDF -- Advisory Committees
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: May 24, 1989
File: KD
Public Information and Communications The residents of the Eagle County School District are interested in their schools as an extension of their homes -- an extension which exists to perform a special function in the development of their children. Therefore, the Board shall make every attempt to: 1.
Keep the public informed about policies, administrative operations, objectives, and educational programs of the schools.
2.
Provide the means for furnishing full and accurate information, favorable and unfavorable, together with interpretation and explanation of school plans and programs.
In meeting these goals, the Board shall place great importance upon the role of the teacher s communicator and interpreter of the school program to parents and the general public. Further, it recognizes that there are times when direct communication between school officials and the community is necessary. At such times, the Board shall encourage and provide these opportunities. The Board shall report data on the achievement of its goals and objectives, educational achievement, and graduation rates to the public on an annual basis. Data concerning a specific school building may be sent to parents of students in that building. The Superintendent shall develop procedures and techniques for ensuring a continuous and freeflowing line of communication between the staff and the District’s residents. LEGAL REF.:
CRS 22-2-117 CRS 22-7-104 (2) CRS 22-35-109 CRS 22-53-207 (5)
CROSS REF.:
AEC -- Accomplishment Reporting to the Public
Eagle County School District, Re50J Adopted: January 28, 1987
File: KDB
Public’s Right to Know/Freedom of Information The Board is a public servant, and it meetings and records shall be matters of public information, subject to such restrictions as are set by federal law or regulation, by state statute, or by pertinent court rulings. The official minutes of the Board, its written policies, and its financial records shall be open for inspection at the office of the Superintendent by any citizen desiring to examine them during hours when the office of the Superintendent is open. However, no records shall be released for inspection by the public or any unauthorized persons – either by the Superintendent or any other person designated as custodian for School District records – if such disclosure would be contrary to the public interest, as described in state law. The Board wishes to support the right of the people to know about the programs and services of they schools and shall make every effort to disseminate information. Each principal is authorized to use all means available to keep parents and others of his/her particular school’s community informed about his/her school’s program and activities. LEGAL REFS.:
C.R.S. 22-9-109 C.R.S. 22-32-109(1)(c) C.R.S. 24-72-201 et. seq.
CROSS REF.:
BEDG, Minutes CBIA* Public Inspection of Superintendent’s Evaluation GBJ, Personnel Records and Files JRA, Student Records JRC, Release of Information on Students
Eagle County School District, Re50J Adopted: July 1, 2000 Revised: July 1, 2006
File: KDE
Crisis Management The District acknowledges the necessity of preparing a crisis management plan in the event that despite prevention efforts, a crisis should occur. Any disruptive event that threatens safety and security shall be considered a crisis. Crisis situations that could impact the district may or may not occur on school property and include but are not be limited to suicide, death, acts of violence, trauma, natural disaster and accident. To reduce the disruptive effects of a crisis, take reasonable steps to ensure pupil and staff safety and minimize property damage, the superintendent is directed to develop a crisis management plan. Development of the plan shall involve local emergency agencies, staff members, parents, students, community members and other interested persons. The plan shall include: 1.
Written procedures for taking action in the event of a crisis.
2. Written procedures for communicating with local law enforcement agencies, community emergency services, parents, students and the media in the event of a crisis. 3. A plan for crisis management training of all staff. 4. Designation of specific management and reporting responsibilities of each staff member during a crisis. 5. An outline of aftermath services for staff and students affected by trauma that addresses who will provide such services. 6. A crisis intervention checklist to be widely distributed to employees and other appropriate persons for use in the event of a crisis. The superintendent shall appoint a district-wide crisis management coordinator who shall work with the superintendent to develop the crisis management plan, recruit and supervise building-level teams, coordinate inservice programs for teams and all staff members, serve as a liaison between central office and staff, and serve as a liaison between the district and local emergency agencies. The coordinator shall be responsible for providing copies of current plans developed under this policy to local emergency agencies on a regular basis. Automated external defibrillator requirements If the district acquires an automated external defibrillator (AED), the district shall meet the training, maintenance, inspection and physician involvement requirements of C.R.S. 13-21-108.1 (3). LEGAL REF.:
C.R.S. 13-21-108.1(3) (requirements for persons rendering emergency assistance through the use of automated external defibrillators) C.R.S. 22-1-125 (automated external defibrillators requirements must be referenced in crisis management policy) C.R.S. 22-32-109.1 (4) (crisis management policy is required part of safe schools plan)
CROSS REFS.:
GBGAA*, Staff Training in Crisis Prevention and Management JLCE, First Aid and Emergency Medical Care JLDBG, Peer Mediation JLDBH, Suicide or Other Traumatic Loss of Life
JLIA, Security and Supervision of Students Eagle County School District, Re50J Adopted: July 1, 2000
File: KDEA
Crisis Management Communications The District recognizes the importance of developing and implementing a written plan for communicating with the media and public in the event of a crisis. The superintendent is directed to develop and implement a crisis communications plan. LEGAL REFS.:
C.R.S. 22-32-109.1 (4) (crisis communications policy is required part of safe schools plan)
CROSS REFS.:
GBGAA*, Staff Training in Crisis Prevention and Management JLDBG, Peer Mediation JLDBH, Suicide or Other Traumatic Loss of Life JLIA, Security and Supervision of Students
Eagle County School District, Re50J Adopted: July 1, 2000
File: KDEA-R
Crisis Management Communications During a crisis, the spokesperson for the district shall communicate with the media and public as follows: 1.
Attempt to define the type and extent of the crisis as soon as possible.
2. Inform employees what is happening as soon as possible. 3. Designate a central source as the crisis communications center to coordinate information gathering and dissemination. 4. Instruct employees to refer all information and questions to the communications center. 5. Remind employees that only designated spokespersons are authorized to talk with news media. 3. Take initiative with news media and let them know what is or is not known about the situation. 4. Contact the top administrator or designee to inform him or her of the current situation, emerging developments and to receive clearance for statements to the media and public. 5. Delay releasing information until facts are verified and the district’s position regarding the crisis is clear. 9. Provide a uniform, concise, clear and consistent message. 10. Assign sufficient staff members to handle phones and to seek additional information. 11.
Keep a complete log of all incoming and outgoing calls and personal contacts.
12.
Have key people relieved from their normal duties so they may focus on the crisis.
Eagle County School District, Re50J
File: KE
Adopted: May 17, 1977 Revised: May 24, 1989 Public Concerns and Complaints Constructive criticism motivated by a sincere desire to improve the quality of the educational program or to equip the schools to do their tasks more effectively is welcomed by the Board of Education. The Board believes that complaints and grievances are best handled and resolved as close to their origin as possible. Therefore, the proper channeling of complaints involving instruction, discipline, or learning materials will be as follows: 1. 2. 3. 4.
Teacher Principal Superintendent/Assistant Superintendent Board of Education.
Any complaint about school personnel shall always be referred back through proper administrative channels before it is presented to the Board of Education for consideration and action. When a complaint is made directly to an individual Board member, the procedure outlined below shall be as follows: 1.
The Board member shall refer the person making the complaint to the principal or Superintendent.
2.
If the person will not personally present his/her complaint to the principal or Superintendent, the Board member shall then ask that the complaint be written and signed. The Board member may then refer the complaint to the principal or Superintendent for investigation.
3.
If at any time the person making a complaint believes that (s)he has not been given a satisfactory reply from a principal, (s)he should be advised to consult with the Superintendent and, if still not satisfied, to request that the complaint be heard by the Board of Education.
CROSS REF:
BEDH, Public Participation at Board Meetings
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: May 24, 1989
File: KEC
Public Concerns/Complaints about Instructional Resources Occasional objections to a selection will be made by the public, despite the care taken to select valuable materials for student and teacher use and the qualifications of persons who select the materials. The principles of the freedom to read and of the professional responsibility of the staff must be defended, rather than the materials. A file shall be kept on materials likely to be questioned or considered controversial. If a complaint is made, the procedures shall be as follows:
1. 2. 3.
Be courteous, but make no commitments. Invite the complainant to file his/her objections in writing and offer to send him/her a prepared questionnaire such as the one prepared by the National Council of Teachers of English, so that s/he may submit a formal complaint to the media committee. Inform the Superintendent and the media supervisor.
The media committee will: 1. Read and examine materials referred to it. 2. Check general acceptance of the materials by reading reviews. 3. Weigh values and faults against each other and form opinions based on the materials as a whole and not on passages pulled out of context. 4. Meet to discuss the materials and to prepare a report on it. 5. File a copy of the report in the school and administrative offices. CROSS REF.:
IJ -- Instructional Resources and Materials IJJ -- Textbook Selection and Adoption IJL -- Library Materials Selection and Adoption IJNC -- Resource Centers/Media Centers/School Library
Eagle County School District, Re50J
File: KF-E1
Facilities Rental Agreement 1.
One person and one only (hereafter called SPONSOR) will act in behalf of SPONSORING GROUP using the school facilities on all levels of responsibility.
2.
A regular school custodian responsible for the building (hereafter called SCHOOL ATTENDANT) must be in attendance at all times when the facilities are being use by the public and if this should occur during a period when the SCHOOL ATTENDANT is not normally present, then it will be necessary to hire this employee for the time period the facility is being used. The salary of the attendant will be borne by the user.
3.
The SPONSOR will meet with the SCHOOL ATTENDANT before the first member arrives and review the pre-checklist. The SPONSOR will work with the SCHOOL ATTENDANT throughout the period the building is occupied by this group to make sure that: a. b. c.
All members remain in the designated area. Any person not authorized in this area will be removed. No alcoholic beverages are used while members are on school property.
4.
The SPONSOR will stay until the last member has left and review the post-checklist with the SCHOOL ATTENDANT. At this point, a determination will be made and agreed upon as to the custodial time required to ready the area for school use. Should equipment breakage occur due to misuse or should any member damage school property the group will be responsible for replacement or repair. Charges for employee time on premises shall be based on the employee’s hourly rate plus overtime, where applicable, plus benefits.
5.
A cook regularly assigned to the school lunch kitchen in that building must be in attendance at all times when the kitchen facilities are being used by the public. No foods, USDA Commodities, or supplies may be used or purchased by the public from the school lunch kitchen inventory.
After the meal is served and the clean-up finished, the sponsor will review the checklist with the cook. At this point, a determination will be made and agreed upon as to the time the cook has been on the premises. 6.
The Superintendent or the Board may require a damage deposit which may be applied by the District to the cost of repairs caused by the use of the facility by the applicant.
7.
Approval of an application for the use of school buildings and properties shall be subject to cancellation for good cause, specifically including the re-scheduling of school activities and/or meetings of an educational nature.
8.
The applicant agrees to assume liability for all injuries and damages resulting from the use of the premises and to defend and hold the District harmless from and against all claims resulting from such use. NAME OF GROUP______________________________________________________ MAILING ADDRESS _____________________________________PHONE:________ BUILDING BEING USED________________________________________________ AREA OF BUILDING BEING USED_________________________________________ DATE_______________________________TIME: FROM_________TO:_________ SPONSOR’S PHONE (Home)_____________________(Work)___________________ ADDRESS OF SPONSOR_________________________________________________ SPONSOR’S NAME_____________________________________________________ (PRINT CLEARLY) Damage Deposit $______________ To be returned upon completion of final checklist, if damage has occurred, damage deposit will be return less cost of repairs. Should repairs be greater than deposit, lessee will be billed for added amount. Rental Fee Payable 48 hours in advance of facility usage. Custodian and/or Cook Fees Insurance Certificate Required (
( )YES (
)YES ( ) NO
$______________ ) NO
$______________ (
)RECEIVED
The applicant states that insurance adequate to cover injuries and/or damages for this specific use is in force and will remain in force during the term of this agreement. SIGNATURE OF
SPONSOR_______________________________________________ DATE_______________________________ APPROVED ___________________________ Principal
BY_______________________ Business Manager
Eagle County School District, Re50J Adopted: April 8, 1992 Revised: July 1, 2003
File: KFA
Public Conduct on School Property Persons using or upon Eagle County School District property shall not engage in: 1.
Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative, or disciplinary functions, or any activity sponsored or approved by the Board of Education.
2.
Physical abuse of or threat of harm to any person or School District-owned or controlled property or at School District-sponsored or supervised functions.
3.
Threat of damage or damage to property of the Eagle County School District regardless of the location or property of a member of the community or a visitor to the school when such property is located on Eagle County School District controlled premises.
4.
Forceful or unauthorized entry to or occupation of school facilities, including both building and grounds.
5.
Unlawful use, possession, distribution or sale of drugs and other controlled substances, alcohol and other illegal contraband on School District property, at school-sponsored functions, on any school bus transporting student, or within 1,000 feet of the perimeter of the school grounds. Persons known to be under the influence of liquor shall not be permitted to enter the school building or grounds.
6.
Unlawful use of tobacco.
7.
Unlawful possession of a deadly weapon, as defined by state law, on school property or in school buildings unless the person falls within one of the exceptions in state law for possession of a deadly weapon including that the person: a.
has legal authority to carry or possess a deadly weapon
b.
is presenting an authorized public demonstration for the school or an organized class
c.
is carrying out duties for the Eagle County School district which require the use of a deadly weapon
d.
is participating in an authorized extracurricular activity or team involving the use of firearms
e. f.
has possession of the weapon for use in an approved educational program which includes but is not limited to any course designed for the repair and maintenance of weapons is a peace officer on duty
8.
Profanity or verbally abusive language.
9.
Any conduct constituting a breach of any federal, state, or city law or duly adopted policy and/or regulation of the Board of Education.
Any member of the general public considered by the Superintendent (or his/her designee) to be in violation of this policy shall be instructed to leave the property of the Eagle County School District. LEGAL REF.:
C.R.S. 18-1-901 (3)(e) C.R.S. 18-9-106 C.R.S. 18-9-108 through 110 C.R.S. 18-9-117 C.R.S. 18-12-105.5 C.R.S. 18-12-214 (3)(a) (person with valid concealed handgun permit may have a handgun on school property as long as hand gun remains in his or her vehicle and if, while the person is not in vehicle, the gun is kept in a compartment and the vehicle is locked) C.R.S. 18-18-407 (2)
CROSS REF.:
ADC – Tobacco-Free Schools GBEB -- Staff Conduct GBEC -- Drug-Free Workplace (Alcohol Use/Drug Abuse by Staff
Members JICH -- Drug and Alcohol Use by Students JICI -- Weapons in School KI – Visitors in Schools Eagle County School District, Re50J Adopted: May 24, 2089 Revised: July 1, 2003
File: KF/KFB/KFC
Community Use of School Facilities/ Buildings/Fields and Grounds It shall be the policy of the Board of Education to make school buildings and properties available to organizations or individuals for community or public purposes consistent with the laws of the state of Colorado and the needs of the School District. School buildings and properties may be made available under the conditions stated after application is provided. The Board may deny or grant any such application upon such terms and conditions as it may deem desirable. REGULATIONS: 1.
Any organization desiring to use school buildings or properties shall apply to the supervisor of the facility. The supervisor shall inform the Director of Finance (or his/her designee) of such application who, at his/her discretion may approve same. If, in the opinion of the Director of Finance and/or the Superintendent the application is of such a nature as to
require the approval of the Board, then such application shall be forwarded to the Board for its consideration at the next regularly scheduled meeting. 2.
The District may require a rental charge and/or damage deposit. The damage deposit may be applied by the District to the cost of repairs caused by use of the facility of the applicant. a.
Building use without charge (1) School Organizations. School groups such as schoolsponsored pupil organizations, school employee groups, and local parentschool organizations are granted building use without charge for either evening or weekend use. (2) Non-School Organizations. Non-partisan community service groups, Scout troops, and civic and community service organizations are granted the use of buildings without charge for meetings scheduled after regular school hours on weekdays. (a) Community organizations which qualify for use of meeting space without charge on weekdays will be charged for meetings held on Saturdays, Sundays, and holidays; weekday meetings which extend beyond 9:30 P.M.; use of recreational facilities, such as the gymnasium; and for all fund-raising activities. (b) Community organizations will not be permitted continued free use of buildings on weekdays if the attendance numbers fewer than ten (10) persons in attendance. If a meeting has fewer than ten (10) persons in attendance, the group will be reminded of this requirement. If subsequent meetings have fewer than ten (10) persons present, the building use may be denied. (3) All organizations requesting unpaid building use will be required to sign a statement to the effect that “such use is not for the purpose of influencing the passage or defeat of any such issue or the nomination, retention, election, or defeat of any one candidate or party ticket.� b.
Building use with charge (1) Non-School Organizations. The use of school buildings or rooms after regular school hours may be granted to individuals or organizations, upon the application and approval of the principal and approval of the principal and the Director of Finance, provided the individuals or organization to whom such permission is granted shall agree to pay all the expenses of operation for such time as the building or rooms are used. c. Payment of Rental Fee. Arrangements for all rental payments must be made in advance with the Director of Finance. Fees for the use of a gymnasium and/or the auditorium must be paid at least forty-eight (48) hours prior to the day of the scheduled event. The receipt of payment must be shown to the custodian of the school at the time the building is opened for use. 3.
Applicants shall be required to provide the District with a certificate of insurance that will indemnify and hold the District harmless from any loss, damages, or claims resulting from the use of the facilities by the applicant(s). Certificates will be presented at time of payment of deposit or prior to use when payment is not required.
All costs associated with use of the facility shall be borne by the applicant. The person(s) or organization making application for the use of a building shall agree to indemnify the District for any damage to school property, over and above normal wear which might be expected, by any person(s) attending the meetings, and likewise to relieve the District of all responsibility for any damage or loss to the property of any person attending the meeting. The Director of Finance, acting as agent of the Eagle County School District, shall be the judge of unwarranted damage to the School District’s property. 4.
No alcoholic beverages shall be permitted in or on School District property. The buildings of the District shall not be used for dances other than those sponsored by the District. No facilities of the District shall be made available for purposes which are solely commercial or private in nature.
5.
Summer availability of school facilities shall be governed by such things as summer cleaning of buildings, summer repairs of buildings, and availability of personnel to supervise the facility during public use. Summer use of fields and other outdoor facilities shall be governed by the amount of moisture available. Under extremely dry weather conditions, for instance, it may be necessary to close outdoor facilities to public use to prevent unnecessary damage to such facilities.
6.
The Board of Education reserves the right to refuse approval or to cancel any and/or all permits issues for the use of a school building or its facilities when it is deemed that such action is necessary for the best interest of the School District.
7.
Eagle County School District makes its facilities and buildings available to the community for the use of responsible organizations or groups of citizens when school is not in session. Such permission and use shall not constitute an endorsement by the Eagle County School District Re50J of any organization or group nor of the program, philosophies, goals, or beliefs of any such organizations or groups, nor the expression of any opinion regarding the nomination, retention, election, or defeat of any candidate, nor the expression of any opinion as to the passage or defeat of any issue.
8.
The users will adhere to all School District rules and regulations pertaining to the use of school facilities and services.
LEGAL REF.:
CRS 22-32-110 (1)(f) 20 U.S.C. 7905 (Boy Scouts of America Equal Access Act contained in No Child Left Behind Act of 2001)
CROSS REF.:
EDC -- Authorized Use of School-Owned Materials and Equipment
Eagle County School District, Re50J Adopted: June 11, 1997 Revised: July 1, 2002 Revised: July 11, 2013
File: KHC
Distribution/Posting of Promotional Materials Requests from the general public to distribute printed non-curricular materials in the Eagle County School District public schools or on school-owned premises shall be allowed subject to the following
policy and regulations. Non-curricular materials include any material not generated by school district personnel in support of specific curricular objectives. APPROVAL Pre-approval is not required. By leaving materials in Eagle County School district facilities, the publisher agrees to abide by these regulations. The regulations are posted online and at distribution tables/racks at each school. Materials that don’t meet policy guidelines will be discarded immediately without notification to publisher. PLACE All classrooms are closed to all non-curricular material, and all non-curricular materials that are not student originated are placed on tables or racks in the designated limited public forum areas (usually the common area entranceway) for students to peruse, pick up and take home if they so choose, with a posted disclaimer that the materials are not endorsed by the District. In no event may such materials be distributed in any classroom of any building. Nor shall noncurricular materials be distributed electronically via District email or school-level or teacher-level electronic newsletters. Such bandwidth and technology is limited for use in communicating about school and District information. TIME Distribution to schools may be made one-half hour before school and/or during regularly scheduled lunch periods and/or 15 minutes after the close of school. Any other times during the school day are considered to be disruptive of normal school activities. Distribution must not interfere with the orderly loading or unloading of school buses. MATERIALS The following shall be considered “unacceptable” material: 1. So-called “hate” literature that scurrilously attacks ethnic, religious or any racial groups. 2. Material that promotes hostility, disorder or violence. 3. Material that is designed for commercial purposes – advertising a product or service for sale or rent – unless the material itself has educational value that makes the commercial message a secondary consideration. o Vendors currently providing employee benefits will be allowed to distribute materials to staff via District Office courier. o Promotions that have a reduced district employee rate will be allowed via District Office courier. 4. Commercial messages or sponsorships that represent a conflict with Board of Education philosophy and/or policies. 5. Material that is libelous, invades the rights of others, or inhibits the functioning of the school, or advocates interference with the rights of any individual or with the normal operation of the school. 6. Material that promotes, favors or opposes the candidacy of any candidate for election, or the adoption of any bond issues proposal, or any public question submitted at any general, municipal or school election. Colorado election laws apply when the school is being used as a polling place. 7. Material that is obscene or pornographic as defined by prevailing community standards throughout the district or is otherwise unsuitable for minors. This policy governs non-curricular material and is not intended and shall not be interpreted to interfere with the prerogative of teachers to supplement and enrich text and reference book materials used in their courses with materials, which are timely and up to date. However, no teacher shall distribute non-curricular materials in his class without complying with the accompanying procedures. Violation of any of these regulations will be sufficient cause for denial of the privilege to distribute
materials at future dates, subject to the right of appeal as stated above. EXCEPTIONS The District has relationships with non-profit organizations that directly support educational and student services. The District reserves the rights to fully promote, endorse, and sponsor such programs. Communication endorsed by the District fall under the guidelines of standard District communications, which parents agree to receive at registration. Communications from these organizations will flow through the Communications Department to appropriate Administrators for further distribution. LEGAL REF.:
C.R.S. 22-32-110(1)(r)
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: July 1, 2000
File: KI
Visitors to Schools The District encourages parents/guardians and other citizens of the District to visit classrooms, activities and functions at any time to observe the work of the schools. The Board believes that there is no better way for the public to learn what the schools actually are doing. In order to assure that no unauthorized persons enter buildings with wrongful intent, all visitors to the schools shall report to the school office when entering, show proper identification and reason for being at the school to receive authorization before visiting elsewhere in the building. Visitors shall wear name-tags which identify them as visitors. This will not apply when parents/guardians have been invited to a classroom or assembly program. LEGAL REF.:
C.R.S. 18-9-112 C.R.S. 18-12-105.5 C.R.S. 18-18-407 (2) C.R.S. 22-32-109.1(7) (open school policy is a required part of school safety plan)
CROSS REF.:
ADC, Tobacco-Free Schools ECA/ECB, Security/Access to Buildings JLIA, Supervision of Students KFA, Public Conduct on School Property
Eagle County School District, Re50J Adopted: August 14, 1991
File: KJA
Booster Organizations and Similar Groups The Eagle County School District Board of Education recognizes that booster organizations and similar groups and individuals are a valuable means of stimulating parent/community participation in the schools. Proposed plans, projects or movements of booster organizations and similar groups and individuals must be evaluated and promoted in light of their stated contribution to the programs of the schools. Careful consideration should be given to the total value of such contributions to all students. Care must be taken to avoid compromising or diluting the responsibilities and authority of the Board of Education.
All contributions shall be accepted by the Board of Education as Eagle County School District property if such contributions meet the following conditions: a.
Tangible items with a value of $100 or more that are intended to stay in the inventory of materials/equipment.
b.
Money in the amount of $500 or more.
Donors of the above items may be formally recognized by the Board of Education. In addition, principals shall recognize contributions in lesser amounts than those specified above. This policy does not apply to fund raising where funds are accounted for as part of the school’s Activity Fund. Eagle County School District, Re50J Adopted: DRAFT
File: KLB
Relations with Election Authorities (Voter Registration) In order to encourage voter registration, the Board authorizes all high school principals or their designees to serve as depute registrars for voter registration purposes only. Students, districts employees, persons attending school functions or any other person who is eligible to vote may be registered by a high school deputy registrar. In accordance with law, voter registration may be available at school facilities at any time the school building is open for classes or any other school or community function. LEGAL REF.:
C.R.S. 1-2-401 et seq.
Eagle County School District, Re50J Adopted: November 11, 1992
File: KLJ
Relations with Planning and Zoning Authorities Prior to acquisition of land for a school building or to the construction of a building, the Board of Education shall consult with the local planning commission in order that the proposed site, building, or structure will conform insofar as feasible to the adopted plan of the community. The Board of Education shall advise the planning commission in writing relative to the location of such a site, building, or structure prior to awarding a contract for purchase or construction. LEGAL REF.:
C.R.S. 22-32-124
Eagle County School District, Re50J Adopted: August 22, 1979 Revised: May 24, 1989
File: LBB
Cooperative Educational Programming Eagle County School District Re50J is a member of the Mountain Board of Cooperative Services (BOCES).
The Board shall annually appoint one of its members to serve on the BOCES advisory board and one member to serve as an alternate. It shall be their duty to keep the Board of Education informed of BOCES activities and programs. This district shall participate in the programs offered by BOCES depending on the needs of the Eagle County School District. LEGAL REF.:
CRS 22-5-101 CRS 22-5-104(2) CRS 22-5-117 CRS 22-32-122
CROSS REF.:
LB -- Relations with Other Schools and School Systems
Eagle County School District, Re50J Adopted: May 25, 1994 Revised: July 1, 2004
File: LBD
Relations with Charter Schools The Board of Education supports efforts by parents/guardians, teachers or other interested persons or organizations interested in establishing district charter schools within the district. In accordance with state law, district charter schools are intended to: •
Expand learning opportunities for all students.
•
Encourage diverse approaches to learning through the use of different, innovative, researchbased or proven teaching methods.
•
Provide parents/guardians and students with expanded choices in the types of educational opportunities that are available within the public school system.
•
Encourage parental and community involvement with public schools.
Any revision of the terms of the contract may be made only with the approval of the Board of Education and the governing body of the charter school. An application for a charter school may be submitted by an individual, a group or an organization. A district charter school shall be a public, nonsectarian, nonreligious, non-home-based school, which operates within the school district and is accountable to the Board of Education. It is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services. A district charter school has standing to sue and be sued in its own name for the enforcement of any contract it is authorized by law to enter into. Enrollment shall be open to any child who resides within the school district or in contiguous school districts and who meets the criteria in the district charter application. However no district charter school shall be required to make alterations in the structure of its facility or the arrangement or function of rooms within the facility except as may be required by state or federal law. The majority of the district charter school’s students, other than online students, must reside in the school district or in contiguous school districts. Students participating in any online program offered by the district charter school are not required to reside in the district or contiguous districts and there shall be no restriction on the number of online students that may enroll in any online program offered by the district charter school. A district charter school shall not charge tuition except as otherwise provided
by law. Each district charter school shall be governed by its own governing body in a manner agreed to by the charter school applicant and the Board. An approved district charter application shall serve as the basis for negotiating a contract between the district charter school and the district. The contract shall reflect all agreements between the district and the district charter school including the waiver of local district policies and the waiver of statutory requirements or rules by the State Board of Education. A district charter school shall comply with all the state financial and budget rules, regulations and financial reporting requirements with which the school district is required to comply. A district charter school shall be responsible for its own operations including but not limited to preparation of a budget, contracting for services and personnel matters. Services for which a district charter school contracts with the school District shall be negotiated and provided at district cost. No rent shall be charged for use of District facilities which may be available for the district charter school. Any moneys received by a district charter school from any source that remain at the end of any budget year shall remain in the district charter school account for use by the district charter school in subsequent years. A district charter school may offer an educational program that may be offered by a school district, including an on-line program, unless expressly prohibited by its charter or by state law. The Board encourages district charter applicants to develop an educational program to serve the needs of students considered “at-risk� academically as evidenced by poor performance on the state assessments, among other things. A district charter school shall begin in the fall following the date the application is approved, unless another starting time is agreed upon by the Board and the applicant. The period of which a new district charter may be approved is a minimum of three academic years. Renewal of a district charter shall be for specified periods of time.
LEGAL REF:
C.R.S. 22-30.5-101 et sec. (Charter Schools Act) C.R.S. 22-32-124 (Pursuant to section 104 of the Charter School Act, all decisions regarding the planning, siting, and inspection of charter schools shall be made in accordance with the same statute that applies to school districts) NOTE: Colorado law provides for the establishment of independent charter schools distinct from the charter schools described in this policy. See C.R.S. 22-30.5-301 et seq.
Eagle County School District, Re50J Adopted: July 1, 2004 Facilities Planning and Funding for District Charter Schools
File: LBDA*
Planning District charter schools shall be invited to participate in the district's facilities planning process on the same basis as any other school in the district. To be considered during the facilities planning process, the district charter school shall submit a capital construction plan to the Board as provided in state law. The Board will prioritize the district charter school’s request in relation to the capital construction needs of the entire district and inform the district charter school of its status. The Board has discretion when reviewing the request, as provided in state law. Funding District charter schools shall be invited to participate in discussions regarding possible submission by the district of a bond question to the voters. The district charter school may request that its facility needs be included in any district bond question or be submitted as a separate ballot question for approval of a special mill levy. If the Board determines that a district charter school has established capital construction needs which are a priority in relation to the needs of the entire district, the Board has discretion to include the district charter needs in either a district bond question or submit a special mill levy to the voters. In either case, the Board will proceed according to state law and consult with the district charter school as required. If the Board determines that a district charter school has not established capital construction needs or submitted a viable plan, the Board shall provide the district charter with a written statement specifying reasons for its conclusions. Despite the determination by the Board, the district charter school may request that a special mill levy be submitted as long as the district charter school agrees to pay all of the costs of submitting the ballot question. New district charter school needs Any assistance provided by the school district to enable a new district charter school to meet its short- and long-term facility needs, shall be addressed in the charter contract. Waiver of receipt of funds The Board shall not grant any waiver to forego receipt of any amount of capital construction funds provided to the district charter school under state or federal law. LEGAL REF.:
C.R.S. 22-30.5-401 et seq. (Charter School Capital Facilities Financing Act)
CROSS REFS.:
FB, Facilities Planning FD, Facilities Funding
Eagle County School District, Re50J Adopted: May 25, 1994 Revised: July 1, 2006
File: LBD-R
Relations with District Charter Schools (Procedures for Establishment, Renewal, Revocation and Waivers) A.
Establishment of a District Charter School Review by District Accountability Committee Prior to submission of an application to the Board of Education, the district charter school applicant must submit the application to the District Accountability Committee for review and comment. The committee shall include one person, who need not reside in the district, with knowledge of district charter schools and one parent of a student in the district. The parent must be a district charter school parent if the district has a district charter school(s). The accountability committee will have sixty days to review the proposal.
Prerequisite for Filing Application A district charter school applicant must demonstrate that a majority of the proposed district charter school’s pupils will reside in the District or in contiguous school districts in order to apply for or be granted a charter. Date for Submission of Applications To allow sufficient time for an approved district charter school to begin operations at the beginning of the following academic school year, the application must be officially submitted to the Board or its designee on or before October 1. Applications received after the deadline will be considered for the following school year. The Board of Education will act on the application within 75 days of receiving the application. Prior to submission of a formal application, persons preparing applications may submit a preliminary draft of the application to the Board or its designee for review and comment prior to formal submission. Negotiations must be concluded and the terms of the district charter agreed upon, no later than 90 days after the Board rules by resolution on the application. Contents of the Application In accordance with law, the approved district charter school application will be the basis for negotiating a contract between the District and the district charter school and will include: 1.
Cover Page Provide the name of the applicant(s) and the name, address and phone number of a contact person.
2. Purpose and Need State the purpose for this district charter school including a geographic description of the area of intended service. Provide evidence that an adequate number of parents/guardians, teachers and students support the formation of the proposed district charter school. This evidence shall be shown in aggregate (by grade level and school), without disclosing personally identifiable student information. Describe the need for the district charter school. How was that need established? Subject to the total percentage District enrollment limitations, an existing Eagle County School may be converted to a district charter school if at least 85% of the parents who have children attending or who will be attending the school approve. Provide a listing of parents and community members who support the application and have made a commitment to enroll their children together with a listing of possible employees. A final list of enrolled students must be provided to the District no later than April 1. 3. Mission and Goals Provide a copy of the mission statement of the district charter school including the process used to develop this statement. The mission statement of the proposed district charter school must be consistent with the declared purposes set forth in the law. The mission statement of the proposed charter school must be consistent with the existing mission statement and core values of the Eagle County School District and the declared purposes set forth in the Colorado Charter Schools Act.
State the proposed three-year goals for the school including timelines. The applicant also should describe the process used to identify the goals. The goals will address accreditation standards and applicable goals and standards in federal law. 4. Student Achievement and Curriculum Describe the district charter school’s research-based educational program that has proven to be effective and the student performance standards to be achieved by the proposed school. Detail the plan for academic accountability, including a description of measurable annual achievement goals that are based on the state accreditation indicators. Describe the charter school's educational program. Provide a description of the curriculum to be used in the school. It should list the objectives, methods of instruction and means of measuring student outcomes for each subject and each grade level. Present a description of the district charter school's procedures for taking corrective action in the event that student performance at the district charter school falls below the specified achievement goals. Present a description of the manner in which the district charter school will collect and use longitudinal assessment data in determining and improving the academic progress achieved by district charter school students. Describe any objectives and means for increasing the educational opportunities for “at risk� students, meaning those students who because of physical, emotional, socio-economic or cultural factors are less likely to succeed in school. Describe how the implementation of this program differs from any current programs or existing Charter Schools. Provide a description of the school's discipline procedures. 5. Enrollment Describe the enrollment policy and the criteria for enrollment decisions including a description of the proposed school's plan to include academically low-achieving students and to promote diversity and the plans for educational programs for exceptional students as well as students with special needs. The enrollment and selection process shall achieve generally the same student ratio standards as other schools in the District for ethnic, sex and special needs students. 6. Governance and Decision Making Describe the governing body. This should include a detailed description of the relationship between the proposed school and the School District. Describe the types and extent of parental and community involvement in the operation of the proposed school. Provide information on how the district charter school will be accountable to the public. Specifically include how the following areas will be addressed: a. Provisions for a representative school accountability committee. b. Development of an annual school improvement plan with supporting profile information. c.
Representation on the district accountability committee.
d. Reporting procedures to the Board and school community.
7. Employment Plan and Practices Describe the employment practices of the school including a description of the qualifications for licensed and classified employees, employee compensation schedule, recruitment and selection procedures, plan for resolving employee relation problems, and a description of the relationship that will exist between the district charter school and its employees. A current employee of the District who is selected for employment in the district charter school may be granted one year leaves of absence from the District, in accordance with district policy. Upon returning to the School District, the non-probationary employee in good standing will be guaranteed a position, although not necessarily the position he/she left. A new employee hired initially by the district charter school will not have employment rights to a position in the District upon leaving the district charter school. 8. Financial Data, Facilities and Transportation Provide necessary evidence that the plan for the district charter school is economically sound. Include a proposed budget for the term of the district charter and a description of the manner in which an annual audit of the financial and administrative operation of the district charter school, including any services provided by the state, the district or a third party is to be conducted. A student fee schedule should be included in addition to a proposed schedule of cash flow. Detail the plan for fiscal accountability. Describe the services the district charter school plans to purchase from the school District. Provide a detailed summary of all insurance coverage and the proposal regarding the parties respective legal liabilities. Describe the facilities to be used and the way they will be obtained and maintained. Include any contracted services and the proposed services and the proposed contractor. Describe the proposed student transportation system including the contract if services will be provided by a second party. If transportation is to be provided by the district charter school, include a plan for addressing the transportation needs of low income and academically lowachieving students. Address whether the district charter school seeks authority to impose a transportation fee on enrolled students and if so, describe the circumstances and procedures by which the district charter school will impose such a transportation fee. The district charter school will be responsible for its own operations including budget preparation, annual audit of financial and administrative operations, contracting for services, personnel, as well as other operating needs of the school. The district charter school shall participate in an independent, outside audit by the auditor who performs these services for the District. The district charter school may contract services from a school district, the governing body of a state college or university, or any third party for the use, operation and maintenance of a school building and grounds, or any other services needed by the district charter school. The district charter school may not charge tuition to students who reside in the District. Tuition charges for non-resident students to attend the charter school shall be the same as the non-resident tuition charges of the School District.
Once approved, the district charter school will be subject to a quarterly review of its operations, assessment and finances by the Board of Education or its representative. On an annual basis, the district charter school will make a written report to the Board of Education and the public to meet its accountability responsibilities. This report will be similar to the current requirements of schools in the district. A financial statement will be presented to the Board of Education that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations in a format required by the State Board of Education. 9. Requested Waivers List the local district policies for which waivers are requested. Include the reasons for each request. List the state and federal rules and regulations for which waivers are requested. Include the reasons for each request. Include a statement saying how the district charter school plans to comply with the intent of the statutes, rules and policies that are waived. 10. Additional Information Provide any additional information that might be helpful in supporting this request to establish a district charter school. Submission Procedures No application fee will be charged by the Board The applicant must provide two original copies of the completed application printed single-sided on white paper, not stapled, and 13 additional copies. Applications will be accepted prior to October 1 for schools beginning the following academic year. Applications are to be submitted to the Superintendent. Incomplete Application If the application is incomplete, the Board will request additional information from the applicant and give the charter applicant a reasonable opportunity to provide additional information to the Board for review. The parties may mutually agree to extend deadlines for Board consideration of the application. Public Meetings Within the 60 day period, the Board will schedule and hold community meetings in the affected areas or the entire district to obtain information to assist the Board to make a decision about the district charter school application. All persons or groups who have an interest in the approval or denial of the district charter school application must present their comments or concerns to the Board in writing in a timely manner or in testimony during a public meeting on the district charter application to preserve a right to appeal the Board's decision on the charter application. Decision on the District Charter Application The Board will make a decision on the district charter school application either in a regular or special meeting within 75 days after receipt of the official application unless the parties have mutually agreed in writing to extend the deadline. A new district charter may be approved for a period of at least three academic years. A district charter may not be approved unless a majority of the charter school’s pupils will reside in the chartering school district or in contiguous school districts.
If the application is denied or if the Board does not review a proposed application, the Board will set forth in writing the grounds for denial or refusal to review. The Board shall notify the Colorado Department of Education of the denial and the reasons within 15 days after it makes this decision. If the application is granted, the Board will send a copy of the approved charter to the Colorado Department of Education within 15 days after approval of the application. Negotiations All negotiations between the Board and an approved district charter school on the district charter agreement shall be concluded by and all terms agreed upon no later than 90 days after the resolution approving the district charter application. Appeal process The applicant may appeal the denial of its application or the imposition of conditions it finds unacceptable by filing a notice of appeal to the State Board of Education and the Board within 30 days of the Board’s initial decision. Within 60 days, the State Board of Education will issue written instructions and recommendations to the Board. The Board will reconsider its initial decision and make a final decision within 30 days. If the final decision is still to deny the application, the applicant may file a second notice of appeal with the State Board of Education. Facilitation In lieu of filing an appeal to the State Board of Education concerning the denial of a charter application, nonrenewal or revocation of a charter, or the unilateral imposition of conditions on a district charter applicant, the parties may agree to facilitation by filing a notice of facilitation with the State Board of Education within 30 days of the Board’s initial decision. The parties may continue in facilitation as long as they agree to do so. After a seven-day cooling-off period, if one party rejects facilitation, the Board will reconsider its initial action and make a final decision. The applicant has 30 days from the final decision to appeal to the State Board of Education. B.
Renewal of a Charter The governing body of a district charter school shall submit a renewal application to the Board of Education no later than December 1 of the year prior to the year in which the district charter expires. The Board of Education shall rule by resolution on the renewal application no later than February 1 of the year in which the district charter expires or by a mutually agreed upon date. The renewal application must contain a complete report on the progress of the school in achieving the goals, objectives, student performance standards, content standards and other terms of the district charter contract and the results achieved by the district charter school students on state assessments. The renewal application also must include a financial statement that discloses the costs of administration, instruction and other spending categories for the school.
C. Revocation of a Charter A district charter may be revoked or not renewed by the Board if the Board determines following a hearing that the district charter school did any of the following: 1.
Committed a material violation of any of the conditions, standards or procedures in the contract.
2. Failed to meet or make reasonable progress towards achievement of the student performance standards, applicable federal requirements or other goals set for the in the contract. 3. Failed to meet generally accepted standards of fiscal management.
4. Violated any provision of law from which the district charter school was not specifically exempted. If the Board revokes or does not renew a district charter, the Board will state its reasons for doing so. D. Waivers A waiver of state rules or local district regulations is for the term of the district charter. Waiver of receipt of funds The Board shall not grant any waiver to forego receipt of any amount of operational or capital construction funds provided to the district charter school under state or federal law. Request for waiver of state statute or regulation Within ten days after the contract between the district charter school and the Board of Education is approved by the Board, any request for release from state statutes or regulations shall be delivered by the Board to the State Board of Education. If the State Board of Education grants the request, it will notify the local Board and the district charter school of its decisions. If the State Board of Education denies the request, it will notify the local Board and the district charter school in writing that the request is denied and specify the reasons for denial. If notification is not received within 45 days (or 90 days, if the State Board of Education has extended the time for review of the request), the request shall be deemed by state law to be granted. Review of waiver of state statute or regulation A waiver of state statutes or rules by the State Board of Education is subject to review periodically as provided by State Board rule and may be revoked if it is deemed no longer necessary. Eagle County School District, Re50J Adopted: May 24, 1989 Revised: May 24, 1995
File: LC
Relations with Education Research Agencies The Eagle County School District Board of Education recognizes that requests will be made on occasion by non-school personnel and/or agencies to conduct research projects in the schools that have educational and social benefit. However, because such projects invariably involve school personnel and interrupt class instructional time, it is necessary to evaluate carefully the merits of each project before permission is granted. All requests to conduct research shall be reviewed by the Assistant Superintendent in accordance with this policy and accompanying procedures to determine if permission shall be granted. If research by non-school personnel is to involve students, complete information about the project shall be provided to parents and students in advance. No student shall be the subject of any research project without the prior written consent of the student's parents or guardian and the student him(her)self if the student is old enough to understand the process and purpose of the project. Consent shall not be necessary when the researcher will merely observe students engaged in normal activities. All researchers shall be prepared to explain the purpose, risks, benefits, procedures, results and intended uses of the project in understandable terms. A student's or parent's decision not to participate in a research project conducted by non-school personnel shall be kept private and respected in all cases.
The Superintendent (or his/her designee) will judge the merit of written requests for testing with attention being given to the following areas: 1. 2. 3. 4. 5. 6.
Scientific soundness of the project; that is, how likely it is to produce valuable information relative to student class time. Procedures to assure anonymity. Soundness of stated purpose and methods. Benefits of the resulting information. Evaluation of possible risks to students. Examination of parent consent forms and student consent forms when applicable. Parental consent shall be obtained for all research with students not conducted or contracted for by school employees, unless the research consists merely of observing unidentified students engaged in their normal activity. Student consent shall be sought when appropriate.
No student, as part of any applicable federal program, shall participate in a survey, analysis, or evaluation without prior written consent of a parent/guardian if the instrument reveals information concerning: 1.
Political affiliations.
2.
Mental and psychological problems potentially embarrassing to the student or his/her family.
3.
Sex behavior and attitudes.
4.
Illegal, anti-social, self-incriminating and demeaning behavior.
5.
Critical appraisals of other individuals with whom respondents have close family relationships.
6.
Legally-recognized privileged and analogous relationships such as those of lawyers, physicians and ministers.
7.
Income other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such programs.
Participation in such research or experimentation programs shall require the prior written consent of the parent or emancipated minor. The terms "psychiatric or psychological examination or test" in this context shall mean a method of obtaining information including a group activity that is not directly related to academic instruction and that is designed to elicit information about attitudes, habits, traits, opinions, beliefs, or feelings. The term "psychiatric or psychological treatment" means an activity involving the planned, systematic use of methods or techniques that are not directly related to academic instruction and that is designed to affect behavioral, emotion, or attitudinal characteristics of an individual or group. "Research or experimentation program or project" means a program or project designed to explore or develop new or unproven teaching methods or techniques. All instructional and supplementary materials used in conjunction with any research or experimentation program or project shall be available for review by the parents of students involved in the project. LEGAL REF.:
20 U.S.S. ยง 1232h 34 C.F.R. Part 98
CROSS REF.:
ILA/ILB, Test/Assessment Selection/Administration JLDAC, Screening/Testing of Students
Eagle County School District, Re50J Adopted: May 17, 1977 Revised: July 1, 1995
File: LDA
Student Teaching and Internships The Board of Education, recognizing its responsibility to improve the quality of teacher training and the contributions student teachers can make to the schools, encourages and authorizes the Superintendent (or his/her designee) to arrange for the supervision and training of a reasonable number (as determined by the principal) of such teachers in the schools. The importance of the teacher training function to the future of education and the need to ensure high quality performance in the schools require student teachers to be placed with experienced teachers of demonstrated competence. While no staff member will be required to supervise practice teachers, it is believed that professionally interested teachers will volunteer to do so from time to time. The decision as to the placement of a student teacher or intern needs to be based on educationally sound criteria. Therefore, the building principal and the Assistant Superintendent (or his/her designee) will facilitate the process and make placement decisions. Initial contact and consideration for placement of a student teacher or intern into a specific classroom or with a specific teacher(s) shall be made by the Assistant Superintendent (or his/her designee) and/or the building principal. The teacher training institution will be expected to provide liaison personnel who will discuss with the building principal and with the teacher to whom the student is assigned the broad objectives which the institution believes should be sought for the student. Such personnel are free to visit the classrooms to observe the practice teacher at work. It is expected that the teacher training institution will arrange the schedule of the student teacher to provide sufficient time in the classroom in order that continuity of experience for the practice teacher and the student is insured. Money received by the District from colleges or universities for supervision of student teachers shall be paid to the supervising teacher. LEGAL REF.:
C.R.S. 22-62-101 through 22-62-105