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POLICY TITLE: Juvenile Sex Offenders POLICY NO: 555 Pursuant to the Juvenile Sex Offender Act, the state superintendent of public instruction will notify the district regarding the enrollment of a registered juvenile sex offender in the district. The state superintendent of public instruction will also notify the district, or a school in the district, of the offender’s probationary status or treatment status, if known. The term "juvenile sex offender" means a person who was between fourteen (14) years of age to eighteen (18) years of age at the time the qualifying sex offense was committed and who:
ADMINISTRATIVE ACTION If the principal or designee becomes aware that a juvenile sex offender is enrolled in a district school, the principal or designee will take the following action:
The meeting will include individuals deemed necessary by the principal or designee, including, but not limited to, the juvenile’s teacher(s), school counselor, probation officer, and other individuals whose expertise may assist the principal in determining the safety risk posed by the juvenile. The principal may also seek input from the juvenile and/or his or her parent/guardian. Among other administrative actions discussed, the members of the meeting may discuss whether written notice to other parents/guardians that a particular student is on the juvenile sex offender registry is warranted (see the section titled "Written Notice" in this policy). The meeting will occur as soon as possible, but in no case more than five (5) school days from when the principal or designee first becomes aware that a juvenile sex offender is enrolled in a district school. After reviewing all factors, the principal will determine what action, if any, the school will take to supervise a juvenile sex offender under this policy. The principal will notify, in writing, the juvenile’s parent/guardian of the determination and advise them that they may request a review by the board. The principal’s determination may be reviewed by the board, if requested by the parent/guardian within ten (10) days. The board’s decision is final. Pending a decision as to what administrative action, if any, will be taken, the juvenile sex offender will be closely supervised at all times by a one-to-one aide or other means as appropriate. Decisions about administrative actions regarding juvenile sex offenders will be made on a case-by-case basis. The principal will convene a meeting to review the administrative actions regarding juvenile sex offenders annually or more frequently, if determined to be necessary by the principal. WRITTEN NOTICE If deemed necessary to protect students, staff or other individuals, the district may provide written notice that a particular student is on the juvenile sex offender registry. The notice will be provided by sending a letter to the parents/guardians of students whose health and safety may need to be protected. The notice will identify the student and will contain the following cautionary statement:
EXEMPTION FROM CIVIL LIABILITY School district personnel do not have a duty to inquire, investigate or disclose any information regarding registered sex offenders enrolled in the district, nor will school district personnel be held liable for failure to disclose any information regarding registered sex offenders to any person or entity. School district personnel who, acting without malice or criminal intent, obtain or disseminate information under the Juvenile Sex Offender Act are immune from civil liability for any damages claimed as a result of such disclosures made or received. PENALTIES FOR MISUSE OF INFORMATION School district personnel will not use information obtained pursuant to the Juvenile Sex Offender Act to commit a crime or to cause physical harm to any person or damage to property. Misuse of information regarding a juvenile sex offender may result in an individual being found guilty of a misdemeanor and subject to imprisonment for no more than one (1) year and/or a fine of not more than $1,000. SPECIAL EDUCATION An Individualized Education Program (IEP) team will take appropriate action when dealing with a juvenile sex offender in these situations:
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ADOPTED: October 12, 1998
LEGAL REFERENCE: Idaho Code Sections Student Conduct POLICY NO: 560 Students are expected to conduct themselves in such a manner as not to interfere with the orderly operation of the educational program. The building principals are directed to establish any reasonable rules and regulations, as appropriate for the student population. � � � � � � ADOPTED: July 8, 1996 AMENDED: November 10, 1997 LEGAL REFERENCE: Idaho Code Section 33-512 Student Harassment POLICY NO: 562 It is the policy of this district to maintain a learning environment that is free from harassment. Each student has the right to attend school in an atmosphere that promotes equal opportunities and that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive. Students attending district schools are: 1. Prohibited from engaging in any conduct which could reasonably be construed as constituting harassment on the basis of sex, race, color, national origin, age, religious beliefs, ethnic background, or disability; 2. Prohibited from sexually harassing other students; and 3. Required to report, to the school principal or designee, harassment of which the student becomes aware. This policy applies to all conduct on the district’s premises and at school-sponsored events, conduct during transportation to and from school and school-sponsored events, and to conduct off the district’s premises that has an adverse affect upon a student’s educational environment. DEFINITION OF HARASSMENT Harassment is defined to include verbal, written, graphic, or physical conduct relating to an individual’s sex, race, color, national origin, age, religious beliefs, ethnic background, or disability that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the district’s programs that: 1. Has the purpose or effect of creating an intimidating or hostile environment. 2. Unreasonably interferes with an individual’s educational performance. 3. Otherwise adversely affects an individual’s educational opportunities. Harassment includes, but is not limited to: 1. Physical acts of aggression or assault, damage to property, or intimidation and implied or overt threats of violence motivated by the victim’s sex, race, color, national origin, age, religious beliefs, ethnic background, or disability; 2. Demeaning jokes, taunting, slurs, and derogatory “nicknames,” innuendos, or other negative remarks relating to the victim’s sex, race, color, national origin, age, religious beliefs, ethnic background, or disability; 3. Graffiti and/or slogans or visual displays such as cartoons or posters depicting slurs or derogatory sentiments related to the victim’s sex, race, color, national origin, age, religious beliefs, ethnic background, or disability; and 4. Criminal offenses directed at persons because of their sex, race, color, national origin, age, religious beliefs, ethnic background, or disability; Harassment also includes an act of retaliation taken against (1) any person bringing a complaint of harassment, (2) any person assisting another person in bringing a complaint of harassment, or (3) any person participating in an investigation of an act of harassment. DEFINITION OF SEXUAL HARASSMENT Sexual harassment is a form of misconduct that undermines the student’s relationship with educators and with other students. No student, male or female, should be subject to unasked for and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment refers to sexual overtures or conduct that is unwelcome, personally offensive, and affecting morale, thereby interfering with a student’s ability to study or participate in school activities. Sexual harassment is a form of misconduct that includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s participation in the educational process; 2. Submission to or rejection of such conduct by an individual is used as a factor for educational decisions affecting the individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s education, or creating an intimidating, hostile, or offensive educational environment. Examples of sexual harassment include, but are not limited to, the following: 1. Unwelcome verbal statements of a sexual or abusive nature, including requests or demands for sexual activity, sexual jokes, and obscene comments, etc.; 2. Unwelcome, sexually motivated or inappropriate touching, pinching, or other physical contact; 3. Unwelcome sexual behavior or communications, accompanied by implied or overt threats concerning an individual’s education; 4. Unwelcome behavior or communications directed at an individual because of his/her gender; and 5. Stalking or unwelcome, sexually motivated attention. REPORTING PROCEDURES 1. Any student, and/or parents of a student, who believe the student is being harassed should immediately report the situation to school personnel. 2. Any district employee who receives a report of harassment from a student, becomes aware that a student is being subjected to harassment, or in good faith believes that a student is being subjected to harassment, is required to report the matter to the building principal immediately. In the event the complaint involves the principal, the matter must be immediately reported to the superintendent. 3. Any district employee who witnesses harassment of a student should take immediate, appropriate action to intervene to stop the harassment. 4. Any student who becomes aware that a fellow student is being subjected to harassment should immediately report the incident to a counselor, teacher, or the principal. INVESTIGATION AND REPORT When a report of harassment is received by the principal or the superintendent, immediate steps will be taken to do the following: 1. Obtain a written statement from the complainant regarding the allegations; 2. Obtain a written statement from the accused; 3. Obtain written statements from witnesses, if any; and 4. Prepare a written report detailing the investigation. An investigator may be appointed to conduct the investigation, or the principal or superintendent may conduct the investigation. The investigation should be completed within ten (10) workdays. DISCIPLINARY ACTION If the allegation of harassment involves a teacher or other school employee, the principal will submit the report of the investigation to the superintendent. If there is sufficient evidence to support the allegation, disciplinary action, up to and including dismissal, may be taken against the offender. If the allegation of harassment is against a student and there is sufficient evidence to support the allegation, disciplinary action, up to and including expulsion, may be taken against the offender. If there is insufficient evidence to support the allegation, no record will be made of the allegation in the complaining student’s permanent record. No record of the allegation will be placed in the accused employee’s personnel record or in an accused student’s permanent record if insufficient evidence supports the allegation. In the event the investigation discloses that the complaining student has falsely accused another individual of harassment knowingly or in a malicious manner, the complaining student may be subject to disciplinary action, up to and including expulsion. In the event the harassment involves violent or other conduct which could be reasonably considered to be criminal in nature, the principal/superintendent will refer the matter to the local law enforcement agency. PROTECTION AGAINST RETALIATION No retaliation will be taken by this district or by any of its employees or students against a student who reports harassment in good faith. Any person found to have retaliated against another individual for reporting an incident of harassment may be subject to the same disciplinary action provided for harassment offenders. Those persons who assist or participate in an investigation of harassment are also protected from retaliation under this policy. CONFIDENTIALITY Any investigation will be conducted, to the maximum extent possible, in a manner that protects the privacy of both the complainant and the accused. However, if it is suspected that child abuse has occurred, such abuse will be reported to the proper authorities as required by state law. RECORD OF ALLEGATIONS This district will keep and maintain a written record, including, but not limited to, witness statements, investigative reports, and correspondence, from the date any allegation of harassment is reported to district personnel. The information in the written record will also include the action taken by the district in response to each allegation. The written record will be kept in the district’s administrative offices and will not, at any time, be purged by district personnel. ♦ ♦ ♦ ♦ ♦ ♦ ♦ LEGAL REFERENCE: Idaho Code Section 16-1619 Title IX of the Education Amendments of 1972 Franklin v. Gwinnett Co. Pubic Schools, 112 S. Ct. 1028 (1992) Gebser v. Lago Vista Independent School District, 118 S. Ct. 1989 (1998) Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1999) ADOPTED: November 10, 1997 AMENDED: August 10, 1999 AMENDED: June 11, 2002
Student Drug, Alcohol and Tobacco Use POLICY NO: 563 PHILOSOPHY It is the Idaho Legislature’s intent that parental involvement in all aspects of a child’s education in Idaho public schools be part of each school district’s policy. Drug prevention programs and counseling for students under the custody and care of the public schools are included in this intent. The board of trustees recognizes that student use of chemical substances, including alcohol, is a serious problem of utmost concern in our society. Drug, alcohol, and tobacco use is detrimental to a state of well-being and undermines the aim of education, which is to enable individuals to develop to their full potential. The district seeks to ensure the highest standards of learning in the classroom and recognizes that use of chemical substances—including alcohol, tobacco, and controlled substances—creates educational, economic, and legal problems. DEFINITIONS “Controlled substances” include, but are not limited to, opiates, opium derivatives, hallucinogenic substances, including cocaine, and cannabis and synthetic equivalents of the substances contained in the plant, any material, compound, mixture or preparation with substances having a depressant effect on the central nervous system, and stimulants. “Course of conduct” involves a pattern or series of acts over a period of time, however short, evidencing a continuity of purpose. Course of conduct does not include constitutionally and statutorily protected activity. “Drug” includes any alcohol or malt beverage, any tobacco product, any controlled substance, any illegal substance, any abused substance, any substance which is intended to alter mood, and any medication not prescribed by a physician for the student in possession of the medication. “Intentionally harass” means a knowing and willful course of conduct directed at a specific student which seriously alarms, annoys, threatens, or intimidates the student and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress. “Reasonable suspicion” means an act of judgment by a district employee or independent contractor that leads to a reasonable and prudent belief that a student is in violation of this policy or the “use” or “under the influence” provisions of Idaho Code Section 37-2732C, which defines controlled substances. Such act of judgment is based on the employee’s or independent contractor’s training in recognizing the signs and symptoms of alcohol and controlled substance use. The fact that a student has previously disclosed use of a controlled substance will not be deemed a factor in determining reasonable suspicion at a later date. “School premises” includes all buildings, facilities, and property owned or leased by the district, school buses and other school vehicles, and the location of any school-sponsored activity or function. POLICY Students attending school in this district will not use, possess, sell, buy, or distribute drugs, including alcohol, tobacco, controlled substances, or related paraphernalia, on school premises. Any student will violate the district’s drug, alcohol, and tobacco use policy when: 1. He or she is on school premises, evidencing behavior that creates a reasonable suspicion that he or she may be illegally under the influence of drugs; 2. He or she admits to using, possessing, selling, buying, or distributing drugs on school premises; 3. He or she is found to use, possess, sell, buy, or distribute drugs, or related paraphernalia, on school premises; 4. He or she is found to possess drugs, or related paraphernalia, or to have such substances on his or her person, or in his or her locker, vehicle, or other property on school premises. ALCOHOL OR CONTROLLED SUBSTANCES: VOLUNTARY DISCLOSURE Any student who voluntarily discloses using or being under the influence of alcohol or any controlled substances before he or she is reasonably suspected to be in violation of the law and this policy will be provided anonymity to the extent that: 1. Disclosure is held confidential on a faculty need-to-know basis; and 2. Notification of the disclosure and availability of counseling is provided to the student’s parent/guardian. ALCOHOL OR CONTROLLED SUBSTANCES: REFERRAL TO LAW ENFORCEMENT Once a student is reasonably suspected of being in violation of the law and this policy regarding alcohol or controlled substances, regardless of any previous voluntary disclosure, the building principal or designee will immediately notify the student’s parent or guardian and report the incident to the local law enforcement agency. Any student exhibiting inappropriate behavior that suggests “using” or “being under the influence” of alcohol or controlled substances will be immediately escorted by a district employee to an administrative office for interviewing and observation by the principal or designee. Except in the case of an emergency, the student will not be left unattended and will not be allowed to leave the school premises. The principal or designee will refer the student to the law enforcement agency if, upon observing and/or interviewing the student, he or she reasonably suspects that the student is using or under the influence of alcohol or a controlled substance. District employees will cooperate fully with any law enforcement investigation of a violation of this policy, including, but not limited to, providing access to lockers, desks, and other school property, and providing oral and/or written statements regarding the relevant events. The principal or designee, and/or any other employee having observed the student’s behavior will document his or her observations of the student; the documentation will be provided to the law enforcement agent, and a copy will be placed in the student’s discipline record. ENFORCEMENT PROCEDURES The procedures to enforce this policy are as follows: 1. Suspension/Expulsion: Students who violate this policy will be suspended by the principal. Suspension for the first offense of this policy will be for three to five (3-5) days, unless extraordinary circumstances exist. The time period for suspension for the second or third offense will be determined at the discretion of the principal and/or superintendent. The principal and/or superintendent will determine whether or not the suspension will be served in school or out of school. If deemed appropriate by the superintendent, he or she may request that the board expel a student who has violated this policy for a second or third offense. 2. Referral to Law Enforcement: The student will be referred to the law enforcement agency, if appropriate. If the incident involves using or being under the influence of alcohol or a controlled substance, the student will be referred to the local law enforcement agency. In all other situations, referral to law enforcement will be at the discretion of the building principal or designee. 3. Search and Seizure: A student’s person and/or personal effects (e.g., purse, book bag, etc.) may be searched whenever a school official has reasonable cause to believe that the student is in possession of drugs or drug paraphernalia. Any evidence that a student has violated the law and this policy may be seized by the principal or designee. Lockers and desks are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers and desks. Authorized school officials may open and inspect lockers and desks when there is reasonable cause to believe that the locker or desk may contain items which may be a threat to safety and security. Such a search may be conducted without a search warrant, and without notice or consent. Students are permitted to park on school premises as a matter of privilege, not right. The district retains the authority to conduct routine patrols of school parking lots and to inspect the exteriors of automobiles on school premises. The interiors of vehicles on school premises may be inspected whenever an authorized school official has reasonable cause to believe that illegal materials are contained inside. Such patrols and inspections may be conducted without notice, consent, or a search warrant. 4. Parent Contact: The student’s parent/guardian will be contacted as soon as possible following any alleged violation of this policy. 5. Conduct Contract: Any student violating this policy must sign a conduct contract before returning to school. Violation of the conduct contract may result in additional disciplinary measures. 6. Drug, Alcohol, and Tobacco Assessment/Treatment: The terms of the suspension and/or conduct contract may be modified, at the discretion of the principal or superintendent, if a student who has violated this policy voluntarily completes a drug, alcohol, and tobacco education course and/or undergoes assessment and treatment for drug, alcohol, and tobacco abuse. STUDENTS WITH DISABILITIES Suspensions and expulsions of students with disabilities as defined by Public Law 94-142 and subsequent amendments (Individuals with Disabilities Education Act), Section 504 of the 1973 Rehabilitation Act, and the Americans with Disabilities Act will follow federal guidelines as well as the provisions of this policy. IMMUNITY FOR GOOD FAITH IMPLEMENTATION District employees and independent contractors of the district who implement this policy in good faith and with appropriate foundation are immune from civil liability. INTENTIONAL HARASSMENT District employees and independent contractors of the district are prohibited from using their authority to determine reasonable suspicion solely for the purpose of intentionally harassing a student. Using the authority in such a manner may result in disciplinary action against the employee or may be considered a breach of the district’s contract with the independent contractor. NOTICE Upon adoption of this policy, the board will provide notice of the policy to each student, parent/guardian, or custodian. Subsequently, a copy of the policy will be provided to each new student, as well as to the parent/guardian or custodian, at the time of initial registration in a district school. ♦ ♦ ♦ ♦ ♦ ♦ ♦ LEGAL REFERENCE: Idaho Code Sections 33-205 20-516 33-210 37-2705 37-2732C Drug-Free Schools and Communities Act of 1988 PL 100-690 and all subsequent amendments Individuals with Disabilities Education Act PL 94-142 and subsequent amendments Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act
ADOPTED: February 9, 1998 AMENDED: October 12, 1998 AMENDED: November 9, 1999 AMENDED: April 8, 2003
Theft or Destruction of School Property POLICY NO: 566 Any student who steals, destroys or defaces school district property, or property of another individual located at a school site, shall receive prompt and decisive disciplinary action. The student may be suspended and/or referred to local law enforcement if circumstances warrant. The student and his/her parent/guardian shall be held responsible for restitution to the full extent of the laws for any damage to school district property. u u u u u u uADOPTED: July 8, 1996 LEGAL REFERENCE: Idaho Code Section 6-210 Prohibition of Weapons POLICY NO: 568 This district is committed to providing a safe environment for all students and staff when they are at school, on a school bus, or at any school-sponsored activity. The district’s commitment includes the prohibition against any weapons or other objects/substances which may pose a threat to the health and safety of other students, staff members, or visitors, or could be used to disrupt the educational process. PROHIBITIONS Students attending district schools are prohibited from: 1. Possessing or carrying objects/substances which are manufactured, used, or intended for use as a weapon, or facsimiles thereof, at school, on a school bus, or at any school-sponsored activity without prior permission of school officials. 2. Possessing, carrying, using, and/or threatening to use, any normally non-dangerous object or substance with the intent or result of causing harm to another individual at school, on a school bus, or at any school-sponsored activity. 3. Knowingly assisting another student(s) to possess, carry, or use a weapon at school, on a school bus, or at any school-sponsored activity. DEFINITIONS“Possess” is defined as bringing an object, or causing it to be brought, onto the property of a school, or onto a vehicle being used for school-provided transportation, or exercising dominion and control over an object located anywhere on such property or vehicle. A student will be determined to possess a weapon when the item is found to be in any of the following locations: 1. On a student’s person; 2. In the student’s personal property, including, but not limited to, the student’s clothing, backpack, purse, or any other item the student transports or carries and/or causes to be transported or carried to school; 3. A vehicle parked in the school parking lot which the student drives and/or is transported in; 4. The student’s locker; or 5. Any other school-related or school-sponsored event, regardless of location. “Deadly or dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2� inches in length as defined in 18 U.S.C. Section 930. “Weapon” additionally includes the following items: . “Firearm” shall mean 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; the frame receiver of any such weapon; any firearm muffle or firearm silencer; any destructive device, including any explosive, incendiary or poisonous gas, bomb, grenade, or rocket, missile, mine, or similar device, as defined in 18 U.S.C. Section 921. Antique firearms are specifically excluded. INVESTIGATIONThe superintendent or designee will immediately investigate any allegation that a student is in violation of this policy. If determined necessary by the superintendent or designee, law enforcement may be requested to conduct the investigation. Any item identified as a weapon may be confiscated by the superintendent or designee. Students reasonably believed to be in possession of these items may be suspended from school until a thorough investigation is completed.
DISCIPLINARY ACTIONS Any student found to be in violation of this policy will be subject to disciplinary action, including, but not limited to, expulsion, suspension, or other appropriate penalties. The board may, at its discretion, expel a student for the possession and/or use of a weapon, regardless of whether the item at issue falls within the definition of “weapon” under the Gun-Free Schools Act. Disciplinary action will be taken after reviewing all factors, including, but not limited to, the mandates of federal and state law; the student’s actions; the risk of harm to the students, district personnel, and patrons; the student’s academic standing; the likelihood of recurring violation; and the student’s prior conduct. Expulsion Mandated by Federal Law
The board of trustees shall expel a student when the student’s actions violate federal law, as set forth in the Gun-Free Schools Act and Idaho law, regarding the prohibition of weapons: Gun-Free Schools Act. A student is found by district personnel or by law enforcement personnel to have carried a dangerous weapon as defined by 18 United States Code Section 921 on school property. The definition of weapon, for purposes of expulsion under this provision, includes a firearm or destructive device which is designed to or may be readily converted to and expel a projectile by the action of an explosive or other propellant. Destructive devices such as any explosive, incendiary, or poisonous gas, bomb, or grenade are also defined as firearms. Specifically excluded from the definition of “weapons” pursuant to the Gun-Free Schools Act, and therefore not subject to mandatory expulsion, are the following: 1. Antique firearms and rifles which the owner intends to use solely for sporting, recreational, or cultural purposes; 2. Firearms that are lawfully stored inside a locked vehicle on school property; and 3. Weapons which are used in activities, approved and authorized by the superintendent or designee, when appropriate safeguards are adopted to ensure student safety. The expulsion, pursuant to the Gun-Free Schools Act, will be for a period of not less than one (1) year (twelve (12) calendar months). The board may modify the expulsion order on a case-by-case basis, taking into account the individual circumstances and the severity of the incident. Referral to Law Enforcement The district will refer any student who brings onto school property a weapon or firearm, as defined under the Gun-Free Schools Act or Idaho law, to law enforcement. The board may, at its discretion, refer other students who violate this policy to law enforcement. STUDENTS WITH DISABILITIES Disciplining students with disabilities, as defined by Public Law 94-142 and subsequent amendments, and Section 504 of the 1973 Rehabilitation Act, under this policy will follow federal guidelines. DENIAL OF ENROLLMENT This district will not admit a student who has been expelled from another school district for violation of a statute, regulation, or policy which prohibits weapons until the student is eligible to return to his or her home school district. If a student wishes to challenge that decision, he or she is entitled to a due process hearing pursuant to Idaho Code Section 33-205.
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LEGAL REFERENCE: Idaho Code Sections 33-205 18-3302D 18 USC 921 18 USC 930 Elementary and Secondary Education Act, Section 4141 (2001)
ADOPTED: July 8, 1996 AMENDED: November 10, 1997 AMENDED: November 9, 1999 AMENDED: May 14, 2002 AMENDED: April 8, 2003 AMENDED: July 13, 2004
Drug Dog Searches POLICY NO: 569 All students are responsible for the contents of any vehicle, locker, desk, bag or other item they possess or bring on to District property or to a District sponsored event. No student shall possess, place, keep or maintain any article or material that is prohibited by law or District policy in items, lockers, vehicles, desks or bags assigned to them or under their control while on District property or at a District sponsored event. Discovery of a prohibited substance may result in referral law enforcement and/or disciplinary action consistent with district policy. USE OF TRAINED DOGS In an effort to keep schools free of drugs, the District may use specifically trained non-aggressive dogs to sniff out and alert the dog’s handler to the presence of substances prohibited by law. The dogs may sniff the air around lockers, desks, bags, items or vehicles on District property or at District sponsored events only when there are no students or employees present. Only the trained dog’s handler will determine what constitutes an alert by the dog. Trained dogs’ sniffing of vehicles, desks, bags, items and lockers does not constitute search under the Fourth Amendment. However, a trained dog’s alert constitutes a reasonable suspicion for the District officials to search the lockers, desks, bags, items or vehicles. Such a search by District officials may be conducted without notice or consent, and without a search warrant. The use of trained dogs shall be unannounced and may be made at the discretion of the Superintendent or designee. Students and parents/guardians shall be informed of this policy at the beginning of each school year. If a student obstructs the District official’s search, the matter may be referred to the local law enforcement agency. If law enforcement authorities are involved in the search, the search shall be conducted under criminal law standards rather than under the provisions of this policy. ADOPTED: July 16, 2002
Searches by School Officials POLICY NO: 570
The constitutional rights of students do not stop at the schoolhouse gates. Therefore, students have a right to be protected from unreasonable searches by school officials. However, it is the intent of the board of trustees to provide a safe and orderly environment for all students, conducive to the pursuit of educational goals. As a result, it may be necessary for school officials to search a student, his/her personal belongings, locker, desk, or vehicle, when it is in the interest of the overall welfare of other students or is necessary to preserve the good order and discipline of the school. Only district personnel authorized by the superintendent may conduct a search pursuant to this policy. This policy applies to only those searches conducted by school officials; it does not apply to searches by law enforcement officers. DEFINITIONS“Contraband” means all substances or materials which students are prohibited from possessing by district policy. Examples include, but are not limited to, cell phones, beepers, and articles containing gang symbols. “Reasonable suspicion” means that the school official initiating the search has a well-founded suspicion—based on objective facts that can be articulated—of either criminal activity or a violation of district policy by a particular student(s). Reasonable suspicion is more than a mere hunch or supposition. RANDOM SEARCHESIn the interest of maintaining safe and drug-free schools, school officials may conduct random or “blanket” searches of student lockers, student belongings, desks, and the school parking lot. School officials will conduct such searches in a random and systematic manner that is minimally intrusive, and it is not required that reasonable suspicion exist. The superintendent or designee will develop and implement a “lottery” system by which lockers, desks, student belongings, and vehicles will be randomly selected to be searched. Random searches may be conducted for any reason at any time without notice, without student consent, and without a search warrant. Random searches may involve the use of drug dogs, metal detectors, or surveillance cameras. REASONABLE SUSPICION SEARCHES To initiate a reasonable suspicion search, the school official must have a reasonable suspicion as to all of the following: 1. A crime or violation of school policy has been or is being committed; 2. A particular student has committed a crime or violated district policy; 3. Physical evidence of the suspected crime or violation of district policy is likely to exist; and 4. Such physical evidence would likely be found in a particular place associated with the student suspected of committing the crime or district policy violation. The search based on reasonable suspicion must be reasonable in its scope. The areas or items to be searched and the methods utilized must be reasonably related to finding physical evidence of the crime or violation of district policy. The search must not be excessively intrusive, given the age and gender of the student and the circumstance of the search. School officials will make a reasonable effort to obtain the consent of a student before initiating a reasonable suspicion search, unless the circumstances constitute an emergency. STUDENT’S PERSON OR POSSESSIONS At any time when the student is on school property or at a school-sponsored event, school officials may search the student’s person or possessions (backpack, purse, etc.) if the school official has reasonable suspicion to believe that the student is in possession of illegal or contraband materials or is otherwise secreting evidence of a crime or violation of district policy. Such searches shall be conducted in an appropriate manner, in private and witnessed by another adult. Students may be required to remove outer clothing (jacket, shoes, etc.) and empty pockets as part of the search. If the search is of the student’s person (“pat-down” search), the school official conducting the search and the witness must be of the same sex as the student. Under no circumstances is a school official authorized to conduct a “strip search” of a student. LOCKERSLockers assigned to students are the property of the school district and remain under the control of the district at all times. The student will be responsible for the proper care and use of the locker assigned for his or her use. Students are prohibited from using a locker for the storage of illegal, contraband, or potentially harmful items, including, but not limited to, weapons, drugs, and alcohol. School officials may randomly open and inspect lockers for any reason at any time. If the random search produces evidence of criminal activity or violation of district policy, it may serve as a basis for a reasonable suspicion search of the locker’s contents, including the student’s property. School officials may open and inspect lockers when there is reasonable suspicion that the lockers may contain illegal or contraband materials, other evidence of a crime or violation of district policy, or items which may be a threat to safety or security. Searches of lockers, whether random or reasonable suspicion, may be conducted without notice, without consent, and without a search warrant. AUTOMOBILES Students are permitted to park on school premises as a matter of privilege, not of right. School officials are authorized to conduct routine patrols of school parking lots, inspecting the exteriors of vehicles parked on school property. The interiors of vehicles on school property may be searched whenever an authorized school official has reasonable suspicion to believe that illegal or contraband materials, other evidence of a crime or violation of district policy, or items which may be a threat to safety or security, are contained inside. Such patrols and searches may be conducted without notice, without consent, and without a search warrant. USE OF DRUG DOGSThe district may elect to use specially trained drug dogs to alert the dog’s handler to the presence of controlled substances, at the discretion of the superintendent or designee. The use of a drug dog shall comply with district policy and applicable law. The drug dogs will be present for the purpose of detecting controlled substances in lockers, personal items or vehicles on district property only when there are no students or employees present. Only the trained dog’s handler will determine what constitutes an alert by the dog. A drug dog’s alert constitutes reasonable suspicion for the district officials to search the lockers, personal items or vehicles. Such a search by district officials may be conducted without notice or consent, and without a search warrant. SEIZURE OF CONTRABAND OR ILLEGAL MATERIALSSchool officials may seize and retain, or turn over to law enforcement officials, any contraband or illegal items, or evidence of a crime or violation of district policy, found as a result of any search conducted pursuant to this policy. NOTICEStudents and parents/guardians shall be informed of this policy at the beginning of each school year through publication of the policy or an age-appropriate summary in the student handbook. ♦ ♦ ♦ ♦ ♦ ♦ ♦ LEGAL REFERENCE: Idaho Code Section 18-3302D New Jersey v. TLO, 469 U.S. 325 (1985) Tinker v. Des Moines, 393 U.S. 503 (1969) ADOPTED: July 8, 1996 AMENDED: April 8, 2003
Student Suspension POLICY NO: 572 The superintendent of this district or the principal of any school within this district may temporarily suspend any student for the following reasons:
The temporary suspension by the principal will not exceed five (5) school days in length. The superintendent may extend the temporary suspension an additional ten (10) school days. If the board finds that immediate return to school attendance by the temporarily suspended student would be detrimental to other students’ health, welfare, or safety, the board may extend the temporary suspension for an additional five (5) school days. Prior to suspending any student, the superintendent or principal will grant an informal hearing on the reasons for the suspension and the opportunity to challenge those reasons. Any student who has been suspended may be readmitted to the school by the superintendent or the principal who suspended him or her upon such reasonable conditions as the superintendent or principal may prescribe. The board will be notified of any temporary suspensions, the reasons therefore, and the response, if any, thereto. Suspension of students with disabilities as defined by Public Law 94-142, and subsequent amendments, and Section 504 of the 1973 Rehabilitation Act, will follow federal guidelines and the provisions of this policy. u u u u u u uADOPTED: July 8, 1996 AMENDED: December 8, 1997 AMENDED: October 12, 1998 LEGAL REFERENCE: Student Expulsion/Denial of Enrollment POLICY NO: 574
The board may deny a student enrollment, or may deny a student attendance at any of its schools by expulsion, for the following reasons: 1. The student is a habitual truant, is incorrigible, or whose conduct, in the judgment of the board, is such as to be continually disruptive of school discipline or of the instructional effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of other students. 2. The student has been expelled from another school district in this state or any other state. 3. The parent/guardian fails to furnish, or to request of the out-of-state school from which the student is transferring, school records for a student transferring into this district. The parent/guardian of a student transferring from out-of-state to a school in this district is required, if requested, to furnish the district accurate copies of the student’s school records, including records containing information concerning violent or disruptive behavior or disciplinary action involving the student. Any student having been denied enrollment or expelled may be enrolled or readmitted to school by the board upon such reasonable conditions as may be prescribed by the board; but such enrollment or readmission will not prevent the board from subsequently expelling such student for cause. The board will expel from school for a period of not less than one (1) year, twelve (12) calendar months, or may deny enrollment to, a student who has been found to have carried a weapon or firearm on school property in this state or any other state, except that the board may modify the expulsion or denial of enrollment order on a case-by-case basis. An authorized representative of the board will report such student and incident to the appropriate law enforcement agency. Discipline of a student with disabilities will be in accordance with the requirements of federal law Part B of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act (Section 504) as well as the provisions of this policy. No student will be expelled or denied enrollment without first receiving the following due process rights: 1. The board, through the superintendent or his or her designee, will give written notice to the parent/guardian of the student; 2. The notice will state the grounds for the proposed expulsion or denial of enrollment and the time and place where such parent/guardian may appear to contest the action of the board to deny school attendance; 3. The notice will also state the right of the student to be represented by counsel, to produce witnesses, and submit evidence on his or her own behalf, and to cross-examine any adult witnesses who may appear against him or her. 4. Within a reasonable period of time following such notification, the board will grant the student and his or her parent/guardian a full and fair hearing on the proposed expulsion or denial of enrollment. 5. The board will allow a reasonable period of time between such notification and the holding of such hearing to allow the student and the parent/guardian to prepare their response to the charge. 6. Any student who is within the age of compulsory attendance, who is expelled or denied enrollment as herein provided, will come under the purview of the Juvenile Corrections Act, and an authorized representative of the board will provide, within five (5) days, written notice of the expulsion to the prosecuting attorney of the county of the student’s residence in such form as the court may require under the provisions of the Juvenile Corrections Act. ♦ ♦ ♦ ♦ ♦ ♦ ♦ LEGAL REFERENCE: Idaho Code Sections 33-205 33-209 20-527 ADOPTED: July 8, 1996 AMENDED: November 10, 1996 AMENDED: October 12, 1998 AMENDED: April 8, 2003
Placement of Students (7-12) at Alternative
Schools This district has elected to provide special instructional courses and services to eligible at-risk youth to enable them to earn a high school diploma via an alternative secondary program. The district’s alternative program will utilize course offerings, teacher/student ratios, and teaching strategies which are specially designed to serve the educational needs of at-risk youth. QUALIFICATIONS FOR PARTICIPATION IN THE ALTERNATIVE PROGRAM A student may qualify for participation in the alternative program if he/she meets the following criteria: 1. The student is a resident of the district and eligible to attend grades seven through twelve (7-12). 2. The student meets three (3) of the following criteria: a. Has repeated at least one (1) grade. b. Was absent more than 10% during the preceding semester. c. Has an overall grade point average that is less than 1.5 on a 4.0 scale. d. Has failed one (1) or more academic subjects. e. Is two (2) or more semester credits per year behind the rate required to graduate. 3. Or, the student meets one (1) of the following criteria: a. Has substance abuse behavior. b. Is pregnant or a parent. c. Is an emancipated youth. d. Is a previous dropout. e. Has serious personal, emotional, or medical problems. f. Is referred to the alternative program by a court or other governmental agency. g. Meets the criteria for a disruptive student. DEFINITION OF DISRUPTIVE STUDENTA disruptive student is a student whose behavior: 1. Poses a threat to the physical or emotional safety of the student, other students, or school personnel; or 2. Is consistently disruptive or inappropriate in the regular school environment; or 3. Has a history of multiple suspensions and/or expulsion. PLACEMENT TEAM Disruptive students may be placed in this district’s alternative school upon determination that such placement is in the best interest of the student. The evaluation and determination to place the disruptive student in the alternative school will be made by a placement team appointed by the principal. The principal will convene a placement team within thirty (30) days after the principal determines the student may meet the definition of a disruptive student. The placement team will consist of appropriate school personnel knowledgeable of the student’s behavior and educational performance as well as alternative school personnel including: 1. An administrator; 2. A counselor, if appropriate; 3. Teacher(s); 4. Designee from the alternative school; 5. Professionals that may be working with the student; and 6. The student and his or her parent/guardian. In addition to the student’s behavior, the placement team will consider the student’s academic progress, his or her student learning plan, personal and social development, treatment plans, and other appropriate issues. If the placement team determines that placement at the alternative school is appropriate, such placement will occur at a time determined to be in the best interest of the student. SPECIAL INSTRUCTION AND SERVICES The district’s alternative program will meet or exceed the state’s minimum academic standards. Additional instruction in the following components will be provided: personal and career counseling, physical fitness/personal health; state division approved vocational-technical; and child care with emphasis on parenting skills. Graduation credit may be earned in the following areas: academic subjects, electives and approved work-based learning experiences. Nonacademic courses, i.e., classroom and office aides, do not qualify for credit unless they are approved work-based learning experiences. The district will provide special services, where appropriate, including a qualified day care center for parents who are students and direct social services. ♦ ♦ ♦ ♦ ♦ ♦ ♦ LEGAL REFERENCE: Idaho Code Sections33-1002 33-1002C 33-1002F IDAPA 08.02.03.110.
ADOPTED: December 8, 1997 AMENDED: May 14, 2002
Disciplining Students with Disabilities (IDEA) POLICY NO: 576
All procedures set forth in the “Student Suspension” policy and the “Student Expulsion” policy will be followed when it is necessary to discipline students with disabilities as defined by the Individuals with Disabilities Education Act (IDEA). The following additional procedures will also be adhered to when disciplining students with disabilities. DISCIPLINARY ACTIONS Ten-day disciplinary removal School personnel may order a disciplinary removal of a student with disabilities for not more than ten (10) consecutive school days per infraction to the extent suspension would apply to students without disabilities. Cumulative suspensions, if over ten (10) school days in a school year must not constitute a significant change in placement. In determining whether a significant change in placement has occurred, school personnel, through the multi-disciplinary team process, will review whether the student is subjected to a series of removals that constitute a pattern of exclusion because they cumulate to more than ten (10) school days in a school year, and because the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another indicate such a pattern of exclusion. Any time a student is suspended for more than ten (10) school days in a school year the student will be provided services to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out on his or her IEP, as determined by school personnel, in consultation with the student’s special education teacher or as determined by the student’s IEP Team. Forty-five school day disciplinary removal 1. The Superintendent or designee may order a change in placement of a student with a disability to an appropriate interim alternative educational setting, as determined by the IEP Team. The placement change may occur regardless of whether the behavior is a manifestation of the student’s disability, and may occur for the same amount of time that a student without a disability would be subject to discipline, but for not more than forty-five (45) school days if: a. The student carries or possesses a weapon to or at school, on school premises, or to or at a school function. “Weapon” for the purposes of this policy is defined as any weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. This term does not include a pocket knife with a blade of less than two and one-half (2�) inches in length. b. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function. c. The student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function. “Serious bodily injury” for the purposes of this policy is defined as a showing of substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ, or mental faculty. 2. School personnel may request a change in placement to an appropriate interim alternative educational setting from a hearing officer for not more than forty-five (45) school days if it is determined by personnel that a student with a disability is substantially likely to cause injury to himself or herself, or to others in the current educational placement. 3. School personnel may petition the court for an injunction to remove any student with a disability from school or to change the student’s current educational placement if personnel believe that maintaining the student in the current educational placement is substantially likely to result in injury to the student or to others. FUNCTIONAL BEHAVIORAL ASSESSMENT/BEHAVIORAL INTERVENTION PLAN If a student with a disability is removed from his/her current placement to an appropriate interim alternative educational setting for not more than forty-five school days (irrespective of whether the behavior is determined to be a manifestation of the student’s disability) or if school personnel seek to order a change in placement that would exceed ten (10) school days for behavioral violations, and it has been determined that the misbehavior is not a manifestation of the student’s disability, the student shall receive, as appropriate, a functional behavioral assessment, behavioral intervention services, and modifications that are designed to address the behavioral violation so that it does not recur. Within ten (10) school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, a manifestation determination shall be conducted. In the event it is determined that the student’s conduct was a manifestation of his/her disability, the IEP team shall: 1. Conduct a functional behavioral assessment and implement a behavioral intervention plan for the student, provided such an assessment has not been conducted prior to the manifestation determination; 2. In the situation where a behavioral intervention plan has been developed, review the plan and modify it, as necessary, to address the behavior; and 3. Return the student to the placement from which the student was removed, unless the student has been placed in an appropriate interim alternative educational setting, or the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan. MANIFEST DETERMINATION Within ten (10) school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the district, the parent, and relevant members of the IEP Team will conduct a manifestation determination. A decision to change the placement of a student for disciplinary reasons may include expulsion in the event the student’s behavior is not found to be a manifestation of his/her disability. EXPULSION If a student on an Individualized Education Program (IEP) is expelled from school after a manifestation determination has found that the student’s behavior was not a manifestation of the student’s disability, educational services, consisting of services necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student’s IEP, will be provided to that student at an alternative setting. ♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE: IDEA Amendments of 2004 20 U.S.C. Chapter 33, Section 1415(k) 34 C.F.R. Part 300 Honig v. Doe, 484 U.S. 686, 108 S. Ct. 592 (1988) IDAPA 08.02.03.600 Idaho Special Education Manual, September 2001
ADOPTED: July 8, 1996 AMENDED: December 14, 1989 AMENDED: November 15, 2005
Disciplining Students with Disabilities (Section 504) POLICY NO: 577 This policy addresses disciplining students with disabilities, as defined by Section 504 of the 1973 Rehabilitation Act. For those students with disabilities under the Individuals with Disabilities Education Act (IDEA), the disciplinary procedures required by the IDEA will be followed. In the event a student has disabilities under both Section 504 and the IDEA, both policies shall be followed in determining appropriate disciplinary actions. SUSPENSION A student with a disability, as defined by Section 504 of the 1973 Rehabilitation Act, may be suspended for not more than ten (10) consecutive school days per infraction. Whenever a school considers suspending a student with a disability for more than ten (10) cumulative school days in a school year, a Multi-Disciplinary Team (MDT) will be convened to determine if the cumulative suspensions constitute a significant change in placement by reviewing the following factors: 1. The length of each suspension; 2. The proximity of the suspension to one another; and 3. The total amount of time the student is excluded from school. The MDT will consist of individuals who are knowledgeable about the student, the student’s school history, the student’s individual needs, the evaluation data, and the placement options. If the MDT determines that the exclusion constitutes a significant change in placement, the school will conduct a manifestation determination as set forth below. EXPULSION Prior to submitting an expulsion recommendation to the board of trustees for any student with a disability as defined by Section 504 of the 1973 Rehabilitation Act, an MDT will make a “manifestation determination.” A manifestation determination involves a review of the student’s misconduct, the student’s disability and the services provided to determine: 1. Is the misconduct a manifestation, or result of, an inappropriate placement or educational program for the student? 2. Is the misconduct a manifestation, or result of, the student’s disability? In reviewing the questions set forth above, the MDT will review information regarding the student’s behavior that is recent enough to afford an understanding of the student’s current behavior. If either manifest determination question answer is “yes,” the student will not be expelled. However, the MDT may determine that a placement change is necessary for that student. If the answers to both the questions set forth above are “no,” the school may proceed with the recommendation of expulsion to the board in the same manner as for similarly-situated students who do not have disabilities. If the student’s parent/guardian disagree with the MDT’s determination of the manifestation determination, a hearing may be requested under this district’s Section 504 hearing procedure. However, although the parent/guardian may disagree with the manifestation determination findings, the student may nevertheless be expelled after following the proper procedures. Educational services may cease after expulsion. u u u u u u u LEGAL REFERENCE: Section 504 of the 1973 Rehabilitation Act 29 USC Ch. 16 Secs 706(8) and 794-794b 34 CFR Part 104 Idaho Code Section 33-205 Akron (OH) City School Distr., OCR Letter, 19 IDELR 542 (1992) Discipline of Students with Disabilities in Elementary and Secondary Schools, OCR, October, 1996 ADOPTED: December 14, 1999
POLICY TITLE: Corporal Punishment POLICY NO: 578 It is the general policy of this district that discipline shall be maintained by means other than the use of corporal punishment. This policy shall in no way prohibit a teacher from reasonably defending against a physical attack by a student. u u u u u u uADOPTED: July 8, 1996 Assault and Battery POLICY NO: 579 Any assault or battery by a student on an employee of this district, another student, or other person, where the assault or battery occurs on or near the school grounds or at a school sponsored event shall result in the student being disciplined according to the district discipline handbook. Assault is defined as any willful attempt or threat to inflict injury upon another person, when coupled with an apparent present ability to do so, and any intentional display of force such as would give the individual reason to fear or expect immediate bodily harm. An assault may be committed without actually touching, or striking, or doing bodily harm to another person. Battery is defined as the willful and unlawful use of force or violence, or the actual, intentional and unlawful touching or striking against the will of another, or unlawfully and intentionally causing bodily harm. u u u u u u uADOPTED: November 10, 1997 LEGAL REFERENCE: * This policy is intended to be adopted as a component of this school district’s Violence Prevention Policy as mandated by a State Board of Education rule. Prohibition of Gang Activities POLICY NO: 580 This school district has a legitimate educational objective of curtailing gangs and gang activities. In furtherance of this educational objective, all gangs and gang activities, including, but not limited to, wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign, gestures, codes, or other things which evidence membership or affiliation in any gang are prohibited in any of the public schools in this district and at all school functions. It is unlawful for any person, group or organization to establish a fraternity, sorority or other secret society whose membership is comprised in whole or in part of students enrolled in this district’s public schools, or to solicit a student in any of this district’s schools to become a member of such organization. No student enrolled in this school district will be or become a member, or pledge him/herself to become a member of any such organization. Student use of electronic communication devices is prohibited. Any student found using such a device on school grounds will have the device confiscated until the end of the school day. If a subsequent use of the device occurs, it will be confiscated until the end of the year, or a parent/guardian picks it up. Disciplinary action for violation of this policy may include suspension and/or expulsion. u u u u u u uADOPTED: December 8, 1997 LEGAL REFERENCE: Idaho Code Sections * This policy is intended to be adopted as a component of this school district’s Violence Prevention Policy as mandated by a State Board of Education rule. Prohibition Against Bullying POLICY NO: 581
It is the policy of this district to maintain a safe school environment for all students while attending school, riding the school bus, and attending district-sponsored activities on school premises or at other locations. Bullying, regardless of the specific nature of the students’ behavior, is disruptive to a safe school environment and will not be tolerated. DEFINITIONBullying is defined as misconduct by a student(s), which is characterized by the aggressor(s) repeatedly engaging in negative actions against another student(s) in an attempt to exercise control over the victim. Bullying is generally characterized by aggressive or intentionally harmful behavior, which is carried out repeatedly over time. PROHIBITED BEHAVIORStudents attending district schools are prohibited from engaging in the following behaviors: 1. Physical abuse against a student, including, but not limited to, hitting, pushing, tripping, kicking, blocking, or restraining another’s movement; sexual misconduct; causing damage to another’s clothing or possessions; and taking another’s belongings. 2. Verbal abuse against a student, including, but not limited to, name calling, threatening, sexual misconduct, taunting, and malicious teasing. 3. Psychological abuse against a student, including, but not limited to, spreading harmful or inappropriate rumors regarding another, drawing inappropriate pictures or writing inappropriate statements regarding another, and intentionally excluding another from groups, or similar activities. INVESTIGATIONThe school administrator or designee will investigate any allegations of misconduct that are reasonably characterized as bullying. At the discretion of the school principal and/or superintendent, the alleged perpetrator(s) may be suspended pending the outcome of the investigation. DISCIPLINARY ACTION Students who engage in bullying will be disciplined as determined to be appropriate, up to and including suspension and/or expulsion. REPORT TO LAW ENFORCEMENTThe school administrator may refer allegations of bullying to law enforcement if he/she reasonably believes that the student has engaged in criminal conduct. ♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE: Idaho Code Section 33-512 ADOPTED: November 15, 2005 AMENDED:
Student Groups in School Facilities POLICY NO: 588 LIMITED OPEN FORUM The board of trustees of this district has established a limited open forum. A limited open forum is defined as a public secondary school that grants an offering to or opportunity for one (1) or more noncurriculum related student groups to meet on school premises during noninstructional time. School officials will not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting on the basis of the religious, political, philosophical, subject advocacy, or other content of the speech at such meetings. The school officials shall uniformly enforce the following parameters for such students meetings: 1. The meeting must be voluntary and student initiated; 2. The school, government, or its agents or employees will not sponsor the meeting; 3. Employees or agents of the school or government will be present only in a nonparticipatory capacity at religious, political, philosophical, subject advocacy, or other content of speech meeting within the school; 4. The meeting must not materially and substantially interfere with the orderly conduct of educational activities within the school; and 5. Nonschool individuals may not direct, conduct, control, or regularly attend activities of student groups. ♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE: Elementary and Secondary Education Act (2001) Equal Access Act, 20 U.S.C. 4071 ADOPTED: May 13, 2003 AMENDED: |