I. Unlawful Discrimination and Unlawful Harassment Prohibited. The District is committed to offering a learning environment to its students that is free from unlawful discrimination and unlawful harassment and will not tolerate unlawful discrimination or unlawful harassment. All students are responsible for creating and maintaining an environment free of such unlawful discrimination and unlawful harassment. The District does not discriminate on the basis of race, color, religion, national origin, marital status, disability, age, sex, sexual orientation, gender, gender identity, or on any other basis prohibited by federal, state, or local laws (hereinafter “protected status”). 

A. Unlawful discrimination is defined as unfavorable or disparate treatment of a person or class of persons when that person’s protected status is a factor in such unfavorable or disparate treatment. 

B. Disparate or unfavorable treatment of similarly situated students is not necessarily unlawful discrimination. Treating a person unfavorably in comparison to other similarly situated students may be unlawful when that person’s protected status is a factor in the disparate or unfavorable treatment. 

II. Complaints. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

III. Retaliation Prohibited. Retaliation is also strictly prohibited and shall be grounds for discipline. There shall be no retaliation by the District or its personnel against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of unlawful discrimination or unlawful harassment. The initiation of a complaint in good faith about behavior that may violate the District’s policy shall not result in any adverse action. 

IV. Definitions. 

A. “Adverse action” is defined as a response by a harassing party which is directed at the complainant as a direct result of the complainant’s failure to succumb to the harassment. Adverse actions may include, but are not limited to, any form of physical or verbal intimidation or threat, job loss, increase in work responsibilities without adequate compensation or training, and lateral transfers without a reduction in pay or benefits if the complainant is transferred to an undesirable location in the office, or any change in or interference with the complainant’s education and is a result of his or her reaction to unlawful discrimination or unlawful harassment. 

B. “Retaliation” shall include, but is not limited to, adverse actions against a complainant for his or her reaction to unlawful discrimination or unlawful harassment, taken by the person responsible for the unlawful discrimination or unlawful harassment, or by any other party so long as the adverse action is the result of the complainant’s reaction to unlawful discrimination or unlawful harassment. 

C. "Title IX Coordinator" shall mean the District’s Associate Superintendent of Human Resources. 

D. “Unlawful Harassment” is defined as unwelcomed repetitive conduct affecting the learning environment with the effect of unreasonably interfering with the ability of a student to perform in the school related program or activity and creates an intimidating, offensive or hostile learning environment, which is based in whole or in part on the student’s protected status.

I. Complaint and Reporting Procedures. 

A. All students and parents are responsible for helping the District to prevent unlawful discrimination and unlawful harassment. Students and parents who believe that they, or their children, have been subjected to or have witnessed any conduct by a District employee or student which constitutes unlawful discrimination or unlawful harassment (excluding sexual harassment) should follow the following complaint and reporting procedures. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

1. Students and parents are encouraged to directly advise the offending person that such conduct is offensive and must stop. If such an effort is unsuccessful or too uncomfortable or the student or parent desires not to directly communicate with the offending person, then the student or parent should report the matter to a teacher, counselor, assistant principal or principal, or any other available District personnel. 

2. When a student or parent reports unlawful discrimination or unlawful harassment to a teacher or counselor, the teacher or counselor shall: 

a. If the alleged offending person is a District staff member or other adult, immediately report the matter to the building principal. 

b. If the alleged offending person is a student, depending on the seriousness of the alleged conduct, the teacher or counselor shall either: 

(i) Immediately report the matter to an assistant principal or the building principal, or 

(ii) Immediately investigate the matter in accordance with the District's student discipline procedures and, if it is concluded that a violation of the District's Standards for Student Conduct has occurred, impose discipline sanctions pursuant to the Standards for Student Conduct and undertake other appropriate actions to redress any such conduct and prevent its future recurrence. 

3. When an assistant principal or building principal receives such a report of unlawful discrimination or unlawful harassment,  they shall: 

a. If the alleged offending person is a District staff member or other adult, immediately report the matter to the District's Associate Superintendent of Human Resources. 

b. If the alleged offending person is a student, the assistant principal or building principal shall immediately investigate the matter in accordance with the District's student discipline procedures and, if it is concluded that a violation of the District's Standards for Student Conduct has occurred, impose discipline sanctions pursuant to the Standards for Student Conduct and undertake other appropriate actions to redress any such conduct and prevent its future recurrence. 

4. When the Associate Superintendent of Human Resources receives such a written report of unlawful discrimination or unlawful harassment (excluding sexual harassment) by a District staff member, he or she shall follow the procedures outlined in District Rule 4001.2. For reports of sexual harassment by a staff member, the procedures outlined in District Rule 4001.3 shall be used.

5. When any other District personnel receive such a report of unlawful discrimination or unlawful harassment, they shall immediately report the matter to an assistant principal or the building principal. 

B. Unless prohibited by law or District policies or rules, the investigation and resolution of the complaint or report will be discussed with the student or parent making the complaint, within ten (10) working days of the alleged discrimination being reported. 

C. If the student or parent is not satisfied with the resolution of their complaint, they may use the grievance procedures set forth in Section II of this Rule. 

II. Formal Complaint Procedures. Any student or parent who is not satisfied with the resolution of their complaint of unlawful discrimination or unlawful harassment may initiate the following formal complaint procedures which are intended to assist students and parents in the fair and prompt resolution of their complaints and concerns regarding discrimination and sexual harassment. 

A. Level 1. A student or parent shall within ten (10) working days after the occurrence of the event which is the subject of the formal complaint, make an appointment with and meet and discuss the matter with the building principal. Every effort will be made to resolve the formal complaint at this level. The building principal shall give the student or parent an oral response within seven (7) working days of such meeting. Due to the importance of resolving the formal complaint at the building level, the meeting with the building principal is important and essential, and the failure of the student or parent to attend such a meeting will constitute an abandonment of the formal complaint. 

B. Level 2. If the student or parent is not satisfied with the resolution of their formal complaint at Level 1, they may appeal by filing a formal written appeal with the building principal within seven (7) working days after the building principal's oral response at Level 1. 

1. The written appeal must be signed, contain a complete statement of the facts constituting the appeal, and the reasons why the building principal’s response is not acceptable. 

2. The building principal will notify their supervisor and the Associate Superintendent of Human Resources that they have received such a formal written appeal. The building principal shall, within seven (7) working days of receipt of the formal appeal, create a written response and forward the written response to the student or parent, and also forward the formal written appeal and their written response to the Associate Superintendent of Human Resources. 

3. Upon receipt of the formal written appeal and the building principal's written response, the Associate Superintendent of Human Resources shall investigate the appeal and attempt to resolve it. As part of the investigation, the Associate Superintendent of Human Resources may meet with the student or parent, if the student or parent so requests, and undertake any such investigation as the Associate Superintendent of Human Resources deems appropriate. The Associate Superintendent of Human Resources may, in his or her discretion, designate another District administrator, other than any previously involved supervisor, assistant principal or principal, to conduct the investigation and appeal resolution when appropriate. 

a. The Associate Superintendent of Human Resources or his/her designee shall complete a written report within ten (10) working days of receiving the formal written appeal and the building principal's written response. Such written report shall summarize the facts, the determinations made, and to the extent permissible, any corrective actions to be implemented. The Associate Superintendent of Human Resources shall provide the student or parent with a copy of such written report within two (2) working days of its completion. 

C. Level 3. If the student or parent is not satisfied with the resolution of their appeal at Level 2, they may appeal to the District's Superintendent by filing a formal written appeal with the Superintendent within seven (7) working days after receipt of the written report at Level 2. 

1. The written appeal must be signed, contain a complete statement of the facts constituting the complaint and appeal, and the reasons the Level 2 resolution is not acceptable. 

2. Upon receipt of the formal written appeal, the Superintendent may, if he/she deems it necessary, investigate the appeal. As part of any such investigation, the Superintendent may undertake any such investigation deemed appropriate. The Superintendent may, in his or her discretion, designate another District administrator, other than any previously involved administrator(s), to conduct the investigation and appeal resolution when appropriate. 

3. The Superintendent or designee shall complete a written report within ten (10) working days of receiving the formal Level 3 written appeal. Such written report shall summarize the facts, the determinations made, and to the extent permissible, any corrective actions to be implemented. The Superintendent's decision and any action taken shall be final. The Superintendent shall provide the student or parent with a copy of such final written decision within two (2) days of its completion. 

III. General Provisions. 

A. Nothing in this Rule shall be construed as limiting the ability of students or parents who have a complaint regarding unlawful discrimination or unlawful harassment from discussing the matter informally with the building principal or any appropriate District administrators or staff members, or as limiting the involvement of the administration in informally addressing and resolving any such complaints. Students and parents are encouraged to discuss a contemplated complaint informally with the building principal or other District administrators or staff members prior to filing a complaint. 

B. The time limits in these procedures are for the purpose of insuring prompt action. If a student or parent does not pursue the next step of a procedure within the time period specified, it shall constitute an abandonment of the complaint. If an investigating administrator does not respond within the time period specified, the employee may proceed to the next level of the procedure. Nothing in this Rule shall prohibit the parties from jointly agreeing in writing to extend time lines set forth in this Rule. 

C. No retaliation of any kind will be permitted against any student or parent who makes a good faith complaint pursuant to this Rule, or against any person who in good faith participates in or cooperates with an investigation of alleged unlawful discrimination or unlawful harassment.

All persons are prohibited from knowingly proving false statements or knowingly submitting false information during the complaint process. Any person who does so may be subject to disciplinary action outside of and in addition to any disciplinary action under this Rule.

D. Information regarding an individually identifiable student or employee will only be shared with a student or parent filing a complaint, or with other persons, if allowed by law and in accordance with District policies and rules. 

E. To the extent permitted by law and in accordance with District policies and rules, the identity of students and parents filing complaints pursuant to this Rule and any documents generated or received pertaining thereto, will be kept confidential. Information may be disclosed if necessary to further an investigation, complaint, or appeal, or if necessary to carry out appropriate discipline. The District may disclose information to District personnel, law enforcement authorities, and others when necessary to enforce this Rule or when required or allowed by law. 

F. The proper law enforcement agency will be contacted promptly when there is a reasonable suspicion that a violation of a state or federal criminal law may have been committed. 

G. Working days shall mean: (i) days when school is in session for students during the school year; and (ii) all weekdays when school is in recess for summer vacation, excluding any national holidays.

The District is committed to making the schools free from sexual harassment and discrimination, harassment, intimidation, and bullying. Sexual harassment is a form of sexual discrimination under Title IX of the Education Amendment to the Civil Rights Act of 1972 and is prohibited by both Federal and State law. The District strictly prohibits sexual harassment of students and staff by other students, employees, or other persons at school, within the educational environment or program, or at any District sponsored or District related activity. The District shall ensure that its students receive age appropriate instruction about their rights to be free from sexual harassment, the District’s procedures for reporting and investigating complaints of sexual harassment, and with whom any complaint should be reported and/or filed.

Definitions

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the District conditioning the provision of an aide, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
2. Unwelcomed conduct determined by a reasonable person to be so severe, persuasive, and objectively offensive that effectively denies a person equal access to the District’s educational program or activity; or
3. Sexual assault as defined in 20 U.S.C. 1092, dating violence as defined in 34 U.S.C. 12291, domestic violence as defined in 34 U.S.C. 12291, or stalking as defined in 34 U.S.C. 12291.

Sexual Harassment also includes, but is not limited to, unwelcomed sexual advances, requests, or other verbal, visual or physical conduct of a sexual nature made by either student or staff within the educational setting under any of the following conditions:

1. Submission of the conduct as explicitly or implicitly made a term or a condition of an individual’s academic status or progress; or
2. Submission, or rejection of, the conduct by the individual is used as a basis of academic decisions effecting the individuals; or
3. The conduct has the purpose or effect of having a negative impact on the individual’s academic performance or of creating an intimidating, hostile or offensive educational or work environment; or
4. Submission to, or rejection of, the conduct by the individual is used as a basis for any decision effecting the individual regarding benefits or services, honors programs, or activities available at or through the District; or
5. Deliberate written or oral comments, gestures, or physical contacts of a sexual nature or demeaning to one’s gender, which are unwelcome or interfere with the school environment; or
6. Implicit or Explicit sexual behavior by a fellow student, District employee, or other person within the school environment that has the effect of controlling, influencing, or otherwise effecting the school environment; or
7. Unwelcome suggestive, vulgar, or obscene letters, notes, posters, calendars, or other visual products or derogatory comments, slurs, and/or jokes of a sexual nature that is sufficiently persistent and pervasive.

Hostile Educational Environment:  A hostile educational environment is created when sexual harassment is sufficiently severe and objectively offensive and persistent or pervasive.

Complainant: Any individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment. The formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic transmission by using the contact information listed for the Title IX Coordinator or by any additional method designated by the District.

Supportive Measures:  Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or to the Respondent before or after the filing of a formal complaint or where no complaint has been filed. Supportive measures are designed to restore or preserve equal access to the District’s educational programs or activities without unreasonably burdening either party, including measures designed to protect the safety of all parties or the District’s educational environment.  

Supportive measures may include, but are not limited to the following: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between parties, changes in work, leaves of absence, increase security, and other similar measures. 

Title IX Coordinator:  The Associate Superintendent of Human Resources is the Title IX Coordinator for the District.  The mailing address for the Title IX Coordinator is 5606 South 147th Street, Omaha, Nebraska 68137. Phone: 402-715-8200. Email Address: TitleIX@mpsomaha.org. The Title IX Coordinator is identified in all District non-discrimination notices and publications, and is directed to coordinate the District’s compliance efforts.

The District’s Title IX Coordinator shall receive all reports of sex discrimination including sexual harassment. Any person may report sex discrimination including sexual harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that could constitute sex discrimination or sexual harassment), in person, by email, by telephone, by using the contact information listed herein, or by any other means that results in the Title IX Coordinator receiving the verbal or written report.

Working Days:  any days when school is in session for students during the school year and all weekdays when school is in recess for summer vacation, excluding any national holidays.

Reporting Sexual Harassment
Any student (or parent/legal guardian) who believes that the student has been the victim of sexual harassment or harassment because of sex by a student, teacher, administrator or other employee of the District or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is encouraged to immediately report the alleged acts to an appropriate District employee or directly to the Title IX Coordinator. 

Any teacher, administrator, or other school official who has notice or received notice that a student has or may have been the victim of sexual harassment or harassment based upon the student’s sex by a student, teacher, administrator, or other employee of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is required to immediately report the alleged acts to an appropriate District employee or directly to the Title IX Coordinator. Any District employee who receives a report of sexual harassment, or harassment because of one’s sex, shall inform the Building Principal or Title IX Coordinator immediately.

Upon receipt of a report, the Building Principal shall notify the District Title IX Coordinator immediately. The Building Principal may request but shall not insist that a formal complaint be submitted to the Title IX Coordinator. A written statement of the facts alleged or as reported will be forwarded as soon as practical by the Building Principal to the Title IX Coordinator. In the event a Building Principal is provided a written statement, the Building Principal shall forward the written statement to the Title IX Coordinator within 24 hours of a report being made whether or not a Complainant decides to pursue a formal complaint. 

Required Response
The District, upon receipt of a formal complaint, or upon receipt of actual knowledge of sexual harassment in an educational program or activity, shall respond promptly in a manner that is not deliberately indifferent. An educational program or activity includes locations, events, or circumstances over which the District exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by the District. The District’s response shall treat the Complainant and Respondent equitably by offering supportive measures to the Complainant and Respondent and by following a grievance process before imposition of any disciplinary actions or sanctions against the Respondent. 

The protections of this Rule apply to all students, employees, parents, and visitors to District property or District-sponsored activities or events.  The District will investigate and address alleged prohibited conduct regardless of where it occurs.

For any party under the Rule under 19 years old, all written notifications provided pursuant to this Rule will be directed to the party’s parents/guardians.

The grievance process may be temporarily delayed and/or timelines extended for good cause as determined by the Title IX Coordinator with written notice to the parties explaining the reason(s) for the delay.  Whenever the Title IX Coordinator determines that the District’s Sexual Harassment Grievance process should be suspended to cooperate with law enforcement, the Title IX Coordinator shall provide written notice to all parties of such determination and provide the parties with a reasonable estimate of the length of the anticipated suspension.

Investigations begin with presumptions that the Respondent did not engage in any prohibited conduct, and that the Complainant is credible.  A determination that the non-discrimination and harassment policy has been violated and credibility determinations will only be made at the conclusion of an investigation.  In no event will past sexual behavior of a Complainant be considered, except in the limited circumstance where the evidence is offered to prove consent or that someone other than the Respondent committed the alleged misconduct.

In determining whether prohibited conduct occurred, an objective evaluation of all relevant evidence will be made and the following will be considered: 

1. the surrounding circumstances; 
2. the nature of the conduct; 
3. the relationships between the parties involved; 
4. past incidents; and
5. the context in which the alleged incidents occurred.  

Sexual Harassment Grievance Process - Steps

1. Receipt of Notice of Prohibited Conduct - Upon receiving notice of conduct that could constitute prohibited conduct, the Title IX Coordinator or his/her designee will promptly contact the Complainant in a confidential manner to discuss the availability of supportive measures and to explain the process for filing a formal complaint.
2. Filing a Formal Complaint - An individual may file a formal complaint by submitting a written complaint in person, by mail, by telephone, or by e-mail to the Title IX Coordinator or his/her designee.  If a verbal report of prohibited conduct is made, the Complainant will be asked to submit a written complaint. If a Complainant refuses or is unable to submit a written complaint, the Title IX Coordinator may cause a written summary of the verbal complaint to be made and either submit the written summary to the Complainant for signature or sign the complaint as provided below. If a Complainant does not file a formal complaint, the Title IX Coordinator in his/her sole discretion may sign a formal complaint and initiate the grievance process.  The Title IX Coordinator will initiate the grievance process over the wishes of the Complainant only where such action is not clearly unreasonable in light of the known circumstances.
3. Investigation and Informal Resolution - Upon receipt of a formal complaint, the Title IX Coordinator shall appoint a separate investigator and decision-maker, provide a written notice of allegations to both the Complainant and the Respondent identifying the factual basis of the allegation including sufficient details known at the time, stating that the Respondent is presumed not responsible for the alleged conduct, and that a determination of responsibility will be made at the end of the grievance process. 

No disciplinary sanctions shall be applied without following the sexual harassment grievance process prescribed herein when a formal complaint has been filed.

The notice of allegations shall be provided to both parties with sufficient time to prepare a response before any initial interview of the Respondent is conducted.

Informal Resolution Process
After the formal complaint is received and notice of allegations has been provided to all parties, the Title IX Coordinator may offer or request an informal resolution process, such as mediation or restorative justice, in lieu of a full investigation and determination.  In no event will an informal resolution be facilitated to resolve a complaint of staff-on-student sexual harassment.  In order for the informal resolution processes to be implemented, all parties must voluntarily agree in writing.  In the event that a resolution is reached during the informal resolution process and agreed to in writing by the parties, then the terms of the agreed upon resolution will be implemented and any alleged harassment will be eliminated and the formal complaint will be dismissed. The Complainant is precluded from filing a second complaint concerning the original allegation.  At any time prior to agreeing to a resolution, any party may withdraw from the informal resolution process and resume the grievance process.

If the informal resolution process does not occur or is not utilized, the designated investigator will interview the Complainant, witnesses, the Respondent, and review relevant records.

District employees and students are expected to fully participate in investigations, but in no event will a Complainant be subjected to any disciplinary sanctions or consequences for refusing or failing to participate.

The written notice of allegations shall also state that the parties have an equal right to retain an advisor of their choice, who may be but is not required to be an attorney, and that the parties have an equal right to inspect and review evidence obtained during an investigation. The District shall not be responsible for any fees or costs related to any advisor selected by either of the parties provided however, if requested, the District shall provide District employees to act as an advisor, if so requested.

The District shall provide an equal opportunity for each of the parties to present fact and expert witnesses and other inculpatory or exculpatory evidence during the investigation and shall not restrict the ability of the parties to discuss the allegations or gather evidence. 
Within 20 working days of receiving the formal complaint the District shall send written notice of any investigative interviews or meetings and advise the parties and their advisors of all evidence gathered directly related to the allegations ten (10) working days prior to the issuance of the final investigative report to allow the parties the opportunity to inspect, review, respond, and produce any additional evidence.

Once the investigator’s report summarizing the relevant evidence is completed, the investigator simultaneously will send the report and supporting evidence to: 
    (a)     parties for their review and written response;  
    (b)     the decision-maker;
    (c)    the Title IX Coordinator.  

The parties will have ten (10) working days to submit a response to the investigator’s report, including proposed relevant questions for the decision-maker to ask the other party and/or any witnesses.  In his/her sole discretion, the decision-maker may re-interview parties and/or witnesses to ask follow-up questions.

The decision-maker will review the investigation file and report, and may, but is not required to take the following steps:
(a)    re-interviewing a party or witness, and 
(b)    gathering additional evidence if deemed necessary.

No later than 20 working days after receipt of the investigator’s report, the decision-maker simultaneously will issue to the parties a written determination as to whether the preponderance of the evidence shows that the Non-Discrimination and Harassment Policy was violated.

The written determination shall be provided to each party and will include the following information as appropriate: 
(a)    identification of the allegations, 
(b)    a description of the procedural steps taken, 
(c)    findings of fact, 
(d)    conclusion regarding application of the student discipline code or policies/procedures applicable to to the facts, 
(e)    a concise statement of the rationale supporting the conclusion on each allegation, 
(f)    what if any disciplinary sanctions imposed on the Respondent, 
(g)    what if any remedies will be instituted, and 
(h)    notice of the appeal procedure.  

The decision-maker’s determination is final, unless a timely appeal is filed. 

4.    Appeal
The party seeking an appeal shall file written notice with the Title IX Coordinator no later than 20 working days after the date of the decision-maker’s written decision or after the date that a formal complaint is dismissed. The written notice shall state the grounds for the appeal. The Title IX Coordinator will designate an appeal officer to decide the appeal and notify all parties that an appeal has been filed.

No later than 10 working days after an appeal is filed, the appealing party may submit a written statement in support of an appeal. The other party or parties may submit a written statement no later than 10 working days after the appealing party’s written statement is submitted or 10 working days from the appealing party’s deadline if the appealing party does not to submit a written statement. Written statements shall be submitted to the Title IX Coordinator who will provide them to the other party or parties and the appeal officer when received.

The appeal may be considered due to the following reasons only: 
(a)    procedural irregularity that affected the determination, 
(b)    new evidence that was not reasonably available at the time the determination was made, or
(c)    conflict of interest or bias on behalf of the Title IX Coordinator, investigator, or decision-maker.

The review of the investigation and written determination may include any of the following steps: 
(a)    review of the evidence gathered and written reports and determinations, 
(b)    re-interviewing a party or witness, and 
(c)    gathering additional evidence if deemed necessary by the appeal officer.  
The appeal officer shall prepare a written response to the appeal within 15 working days after the deadline to submit written statements in support of or challenging the determination. Copies of the written response on appeal shall be provided simultaneously to the Complainant, the Respondent, and the Title IX Coordinator. The decision on the appeal officer shall be final.

District Action
If the investigation and decision making results in a finding that the Complaint’s report was factual and Respondent or other individuals violated the Non-Discrimination and Harassment Policy, the District will take prompt, corrective action to ensure that such discriminatory conduct ceases and take appropriate action to prevent any reoccurrence. The District will make all reasonable efforts to remedy discriminatory effects on the Complainant and any others who may be affected.

Disciplinary actions and the range of sanctions and remedies for responsible persons shall be consistent with the District’s existing student code of conduct, professional code of conduct and staff discipline, Board of Education policies and rules and District procedures, and any applicable state and federal laws, and shall be implemented at the conclusion of the process. 

A formal complaint will be dismissed if the conduct alleged: 

1. Did not constitute sexual harassment as defined in Title IX and/or Title IX regulations; 
2. Did not occur in the District’s educational programs or activities; or 
3. Did not occur against a person in the United States. 

A formal complaint may be dismissed if at any time during the investigation: 

1. The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; 
2. The Respondent is no longer enrolled or employed by the District; or 
3. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Available Interim Measures
The District shall take steps to ensure equal access to its educational programs and activities and protect the Complainant as necessary, including taking interim measures during the process and before the final outcome of an investigation. The District shall notify the student and/or his or her parents/guardian of the options to avoid contact with the alleged Respondent where available. As appropriate, the District shall consider a change in academic and extracurricular activities or the student’s living, transportation, dining, and/or working situation. The District shall assess opportunities to provide increased monitoring, supervision, or security at locations or activities where the alleged discrimination and sexual harassment occurred. Nothing in this rule shall prohibit the District from placing a non-student employee on administrative leave during the pendency of the grievance process, nor from removing a Respondent from the educational program on an emergency basis if the District undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student justifies removal and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Potential remedies for students who have been subjected to sexual harassment or harassment because of sex include, but are not limited to: 

1. Direct intervention or consequences applied to the Respondent;
2. Supportive Services available to either the Complainant or the Respondent through the District’s assistance program;
3. The District may issue statements to its student population, staff or the community making it clear that the District does not tolerate sexual harassment or harassment because of sex and will respond to any reports about such incidents;
4. Non-discrimination training for students, employees, or parents/guardians and families. 

A student who violates the District policies prohibiting sexual harassment will be subject to intervention or discipline consistent with the Code of Student Conduct. Such intervention or discipline may include counseling, parent/guardian conference, detention, suspension, transfer, or expulsion. Incidents of sexual harassment, depending on their nature, will be referred to law enforcement and reported to child protective services, as appropriate. 

Retaliation
No District employee, representative, or agent may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any rights or privileges protected by this rule or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or determination under this rule. 

The District prohibits retaliation against any participant in the reporting, complaint, or grievance process. A separate uniform complaint may be filed if retaliation occurs against any individual involved in the processing of a discrimination, harassment, or bullying complaint. Each complaint shall be investigated properly and in a manner which respects the privacy of all parties concerned. Follow-up with the student or employee will occur promptly to ensure that the harassment and/or retaliation has stopped and that there will be no further retaliation.

All persons are prohibited from knowingly proving false statements or knowingly submitting false information during the complaint process and any person who does so may be subject to disciplinary action outside of and in addition to any disciplinary action under this Rule.

Confidentiality and Retention of Investigation Information and Records

Except as necessary to complete a thorough investigation and grievance process as required by law, the identity of the Complainants(s), Respondents(s), witnesses, disclosure of the information, evidence, and records which is required to be disclosed to the parties or the designated representatives, the information, records, and evidence gathered in the investigation will otherwise be maintained in strict confidence by the District.  The District is not responsible, nor can it control any re-publication or disclosure of such information, evidence or records by the participating witnesses, parties or representatives. The Title IX Coordinator will retain investigation files for a time period of no less than seven (7) years, and investigation determination notices will be permanently retained in individual employee and student files.  Where a charge or civil action alleging discrimination, harassment, or retaliation has been filed, all relevant records will be retained until final disposition of the matter.

Training
The District will provide annual training to employees on identifying and reporting acts that may constitute discrimination, harassment or retaliation.  The Title IX Coordinator, designated investigators, designated decision-makers, designated appeal officer, and any District administrators who are designated to facilitate informal resolution processes, will receive additional annual training on this policy and implementation of the grievance process.

The District will provide, as appropriate, instruction to students regarding discrimination, harassment, and retaliation.
 

I.        Definition of a Service Animal.
 

          A.         A service animal must be a dog or, in specific circumstances, a miniature horse, that is individually trained to do work or perform tasks for the benefit of a student with a disability and is required for the student with a disability. No other species of animal, whether wild or domestic, will be permitted in District facilities as a service animal.

          B.        Service animals do not include pets, farm animals, wild or exotic animals, or any animals whose function is to provide crime deterrent effects, emotional support, comfort, companionship, therapeutic benefits, or to promote emotional well-being.

II.       Work or Tasks of a Service Animal.

          A.        The work or tasks performed by the service animal must be directly related to the student’s disability and required for the student with a disability.

          B.        Examples of work or tasks that a service animal may perform to meet this definition include:

                     1.         Navigation: assisting individuals, who are blind or have low vision with navigation and other tasks,

                     2.         Alerting: alerting individuals who are deaf or hard of hearing to the presence of people or sounds,

                     3.         Protection: providing non-violent protection or rescue work,

                     4.         Pulling: pulling a wheelchair,

                     5.         Seizure: assisting an individual during a seizure,

                     6.         Allergens: alerting individuals to the presence of allergens,

                     7.         Retrieving: retrieving items such as medicine or the telephone,

                     8.         Physical support: providing physical support and assistance with balance and stability to individuals with mobility disabilities, and

                     9.         Interrupting behaviors: helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

         C.        Work or tasks that are excluded from meeting the definition are:

                     1.         Guard dogs: providing crime deterrent effects via the animal’s presence, and

                     2.         Companion dogs: the provision of emotional support, comfort, companionship, therapeutic benefits, or emotional well-being.

III.      Presence of Service Animals.

          A.        A student with a service animal shall be permitted to be accompanied by his/her service animal in all areas where students are allowed to go.

          B.        A student with a service animal may not be required to pay an extra fee for the service animal to attend events for which a fee is charged for students.

IV.      Removal of a Service Animal.

          A.        A District administrator may direct a student with a service animal, the service animal’s handler, or the student’s parents to remove a service animal from a District facility, a school building, a classroom, or from a school function, if any one of the following circumstances occur:

                     1.         The service animal is out of control and the service animal’s handler does not take effective action to control it,

                     2.         The service animal is not housebroken,

                     3.         The service animal’s presence would fundamentally alter the nature of the service, program, or activity, or

                     4.         The presence of the service animal poses a direct threat to the health or safety of others.

          B.        To determine whether a direct threat exists, an individualized assessment is to be made to ascertain:

                     1.         The nature, duration, and severity of the risk,

                     2.         The probability that the potential injury will actually occur, and

                     3.         Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

V.       Control of the Service Animal.

          1.        The service animal must be under the control of its handler. In most cases the service animal must have a harness, leash, or other tether. 

          2.        The service animal does not need to be on a harness, leash, or other tether, however, if the handler is unable because of a disability to use a harness, leash, or other tether. A harness, leash, or other tether is also not required if it would interfere with the service animal’s safe, effective performance of work or tasks.

          3.        If either of the harness, leash, or other tether exceptions apply, the service animal must be under the handler’s control via voice control, signals, or other effective means.

          4.        The District will provide reasonable accommodations of adult assistance to a student with a service animal when, due to the student’s young age or significant disabilities, it is reasonably necessary to assist the student in his/her use or control of the service animal, and such accommodations do not fundamentally alter the nature of the educational service, program, or activity.

VI.      Responsibility for Care and Supervision.

          1.        The District is not responsible for the care and supervision of the service animal, including walking the service animal or responding to the service animal’s need to relieve itself.

          2.        A student with a service animal shall provide documentation of ownership, veterinarian vaccinations and health status, proper pet licensure, and liability insurance coverage.

          3.        A student with a service animal shall be solely responsible to maintain and keep current such vaccinations, licensure, and liability insurance, and neither the school nor the District shall be liable in any manner for any costs or expenses associated with meeting these requirements.

          4.        A student with a service animal shall maintain the service animal so that it will always be clean, well groomed, and not have an offensive odor.

          5.        A student with a service animal shall be solely responsible for any and all costs and expenses associated with the ownership, training, boarding, veterinarian and health care, licensing, insurance coverage, and care and maintenance of the service animal, and neither the school nor the District shall be liable in any manner therefor.

          6.        A student with a service animal shall be liable for any damage done to the premises or facilities or to any person by the service animal.

VII.     Miniature Horses.

          A.       Requests to permit a miniature horse to accompany a student with a disability on District premises shall be considered in accordance with 28 C.F.R. § 35.136(i).
 

VIII.    Inquiries.

          A.       When addressing a service animal matter, District staff shall not ask about the nature or extent of the student’s disability.

          B.       District staff may not ask questions about the service animal’s qualifications as a service animal when it is readily apparent that the animal is trained to do work or perform tasks for a student with a disability. Examples include where the service animal is observed guiding a student who is blind or has low vision, pulling the student’s wheelchair, or providing assistance with stability or balance to a student with an observable mobility disability.

          C.       When it is not readily apparent that the animal qualifies as a service animal, District staff may ask:

                    1.         If the animal’s presence is required because of a disability, and

                    2.         What work or task the animal has been individually trained to perform.

                    3.         Staff may not require documentation, such as proof that the service animal has been certified, trained, or licensed as a service animal.

I. General Statement. No student shall on the basis of sex, sexual orientation, gender or gender identity be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any educational program or activity in a manner which violates federal or state law, or District policies or rules. 

II. Appointment of Title IX Coordinator. The Associate Superintendent of Human Resources, or his or her designee, shall serve as the District's Title IX Coordinator. The Title IX Coordinator shall be responsible for investigating any complaints under Title IX and the Nebraska Equal Opportunity in Education Act, and for coordinating the grievance procedures for students complaining of a violation of this Rule. 

III. Complaints and Grievances. Complaints by students or parents regarding discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3. 

I.          Rules Governing the Enrollment of Students.

            A.          Enrollment of Resident Students. Students of school age residing in the District, students who                          have at least one (1) parent residing in the District, and students of school age who may be by law allowed to attend the District’s schools without charge, shall be permitted to enroll in the District’s schools tuition-free.

            B.         Questionnaire Form. Students who reside in the District with a person other than the student's parents or legal guardian will be required to complete District and Nebraska Department of Education questionnaire forms which shall include, among other things, the name and address of the contact person for medical emergencies, student disciplinary matters, school conferences, and excessive absenteeism. The forms must be completed and returned to the District within the time frame set by the District.

            C.         Enrollment of Future Residents. Students whose parents or guardian are planning to become District residents in the reasonably near future may be enrolled in the District tuition-free. Reasonable proof of future residency will be required by the District prior to enrollment. If the parents or guardian of such student have not become District residents within nine (9) weeks of enrollment, the student may be excluded from further attendance until residency is established.

            D.         Homeless Children and Youth. Children and youths who are homeless and who request admission, shall be admitted according to District Rule 5100.9.

            E.         Expelled Students. A student who has been expelled from a public school in any school district in any state or from a private, denominational, or parochial school in any state and who has not completed the terms of the expulsion, shall not be permitted to enroll in the District until the District’s Board or the Board’s designee approves, the enrollment of the student. As a condition of such enrollment, the District’s Board may require attendance in an alternative school, class or education program pursuant to Nebraska Revised Statute §79-266 until the terms of the expulsion are completed. A student who has been expelled from a private, denominational, or parochial school or from a school in another state may not be prohibited from enrolling in the District for any period of time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any expulsion for an offense for which expulsion is not authorized for a public school student under the Student Discipline Act, if the student is a resident of the District or the student has been accepted pursuant to the District’s Option Enrollment Programs. 

II.         Resident Students Who Move During the School Year. 

            Students who move out of the District during the school year may continue attending school in the                    District for the remainder of the school year tuition-free.

III.        Enrollment of Nonresident Students. 

            A.          The District may admit the following nonresident students:

                         1.          Students who have at least one (1) parent residing in the District.
    
                         2.          Students accepted through the District's Option Enrollment Programs.

                         3.          Nonresident students from Nebraska may be admitted pursuant to a contract with the school district where the student is a resident, with the payment and collection of tuition pursuant to the contract.

                         4.          Nonresident students of another state may be admitted, with the advance payment of tuition at a rate determined by the Board.

              B.        Nonresident students may not attend schools which are closed to option enrollment due to capacity standards. Nonresident students may request enrollment at any District school which is not closed to option enrollment. 

IV.          Wards of the State or a Court. 

              Any student who is a ward of the state or a ward of any court and who resides in a foster family home within the District which is licensed or approved by the Department of Health and Human Services or who resides in a foster home within the District which is maintained or used pursuant to Nebraska Revised Statute §83-108.04 shall be deemed a resident of the District. Students who are placed in foster homes within the District by individuals, or by agencies other than the Department of Health and Human Services or in foster homes which are not maintained or used pursuant to Nebraska Revised Statute § 83-108.04, as hereinbefore provided, shall be required to complete a residency questionnaire and shall be subject to the same residency requirements as other nonresident students seeking enrollment in the District.

V.            Improper Enrollment. 

               A.        If a student is improperly enrolled in the District, the District in its sole discretion may:

                          1.         Exclude the student from the schools of the District and charge tuition for the time period that the student was improperly enrolled; or 

                          2.         Permit the nonresident student to remain enrolled as a nonresident student provided tuition is paid in advance.

VI.         Illegal Aliens.

             Illegal aliens will not be denied a public education based on their illegal alien status.

VII.        Definitions. 

             A.        "Guardian" shall mean a legal guardian who has been appointed by a court or who has accepted a testamentary appointment as provided in Neb. Rev. Stat. § 30-2605.

             B.        "Homeless child or youth" shall mean:

                         1.          An individual who lacks a fixed, regular, and adequate nighttime residence; and 

                         2.          Includes:

                                     a.        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; or are abandoned in hospitals;

                                     b.        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, within the meaning of 42 U.S.C. §11302(a)(2);

                                     c.        Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

                                     d.        Migratory children, as defined in 20 U.S.C. § 6399(3), who qualify as homeless because the children are living in circumstances described in subsections VII(B)(2)(a)-(c)

                        3.          The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law.

             C.       "Improper enrollment" shall mean students enrolled in the District who do not meet the residency, option enrollment, or other statutory requirements to enable tuition-free admission into the District. 

             D.       "Parents” shall mean the lawful father or mother of a child, including adoptive parents. A guardian or any other person in legal or actual charge or control of a child who enrolls a child in school, shall be considered to be acting as a parent for all educational purposes, unless otherwise restricted by law.

I. Admission to Kindergarten:  Age Requirement. The District shall not admit any child into kindergarten unless such child has reached the age of five (5) years or will reach such age on or before July 31 of the current year with the following exceptions:     

A. The Board may admit a child who will reach the age of five (5) between August 1 and October 15 of the current school year if the parent or guardian requests such entrance and provides an affidavit stating that:

1. The child attended kindergarten in another state in the current school year in accordance with the other state’s kindergarten enrollment statutes; or

2. The family anticipates a relocation to another state that would allow admission to kindergarten within the current school year in accordance with the other state’s kindergarten enrollment statutes; or

3. The child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

A. Recognized assessment procedures that the District’s Educational Services Division follows include:

I. A parent/guardian wishing to have their child considered for early entrance must be a resident within the District.

II. The parent/guardian must attend a parent meeting about early entrance testing.

III. The assessment date and time will be scheduled at the end of the parent meeting.

IV. The parent/guardian must bring to the testing center, prior to testing:
1. Consent for evaluation,
2. A copy of the child’s birth certificate,
3. Completed Early Entrance Parent Questionnaire, and
4. A fee paid to the District.

V. Early entrance into kindergarten will be based on meeting or exceeding all assessment cutscores.

VI. A report will be provided the parent/guardian and a copy placed in the child’s school record.

VII. If the child will be accepted into kindergarten, the information will be shared with appropriate school personnel.

VIII. If the child meets the criteria for early entrance they must attend full-day.

B. Assessment components include, but are not limited to:
I. The Differential Ability Scales II (DAS-2), administered by qualified District personnel (a standard score at or above 130 on the General Conceptual Ability and 125 on School Readiness).
II. The Conners Early Childhood Rating Scale is completed by parents.
III. Other assessments deemed necessary.

B. The Board may admit a child who will reach age five (5) between August 1 and October 15 of the current school year, who is seeking such admission by transfer from any Nebraska non-public school or from any Nebraska public school district, if the child has demonstrated through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

1.The recognized assessment procedures approved by the Board are those set forth in the subsection I(A)(3) of this Rule.

2. Attendance in kindergarten in any Nebraska non-public school does not exempt the child from having to demonstrate through assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten.

3. Attendance in kindergarten in any other Nebraska public school district does not exempt the child from having to demonstrate through recognized assessment procedures approved by the Board that he or she is capable of carrying the work of kindergarten, unless in the District’s sole determination the assessment procedures of the other Nebraska public school district are equivalent to the recognized assessment procedures set forth in the subsection I(A)(3) of this Rule.

II. Proof of Age and Identity, Physical Examination, and Immunization.

A. Upon enrollment of a student in the District, the enrolling school shall:

1. Require compliance with the physical examination and visual evaluation requirements of District Rule 5600.3 (I).

2. Require compliance with the immunization requirements of District Rule 5600.3 (II) and (III).

3. Notify in writing the person enrolling the student that if a birth certificate or other reliable proof was not provided upon enrollment that he or she must provide within thirty (30) days either:

A. A certified copy of the student’s birth certificate; or test Other reliable proof of the student’s identity and age, along with an affidavit explaining the inability to produce a copy of the birth certificate.

B. If a certified copy of a birth certificate cannot be produced, then other reliable proof (in order of preference) of the student’s identity and age must be provided along with an affidavit explaining the inability to produce a copy of the birth certificate:

1. Baptismal certificate;

2. Passport;

3. Immigration certificate; or

4. Bible record.

C. Upon failure of the parent or guardian to comply with the preceding paragraph, written notice shall be given to the parent or guardian that unless he or she complies within ten (10) days the matter shall be referred to the local law enforcement agency for investigation.  If compliance is not obtained in such ten (10) day period, then the matter shall be immediately reported to the local law enforcement agency.  Any affidavit received pursuant to the preceding paragraph that appears inaccurate or suspicious in form or content shall be reported immediately to the local law enforcement agency.

III. Withdrawal (Age 6 and Below)

A. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and providing the following documentation:

1. A signed affidavit stating that the person intends for the child to participate in a non-accredited or non-approved school and the person intends to provide the Commissioner of Education with a statement pursuant to Nebraska Revised Statute §79-1601(3) on or before the child's seventh birthday; or

2. A signed affidavit stating that the child is participating in an education program that the person believes will prepare the child to enter grade one (1) for the following year.

3. The principal shall notify the Director of Student Services of the withdrawal.

B. In accordance with the Nebraska Compulsory Education Law, any person with legal or actual charge or control of a child who will not reach six (6) years of age prior to January 1 of the then-current school year, may discontinue the enrollment of such child by meeting with the principal and completing the building withdrawal procedures. The principal shall notify the Director of Student Services of the withdrawal.

I.    General Statement.  

A.    Nebraska law enables any kindergarten through twelfth grade Nebraska student to attend a school in a public school district in which the student does not reside pursuant to the Nebraska option enrollment laws and subject to limitations and standards authorized by law and adopted by the public school district.  The option is only available once to each student prior to graduation.  Provided however, that an option does not count toward such limitation if such option meets, or met at the time of the option, one of the following criteria:  
 
1.    The student relocates to a different resident school district; or
2.    The option school district merges with another district; or 
3.    The option school district is a Class I district; or 
4.    The student will have completed either the grades offered in the school building originally attended in the option school district or the grades immediately preceding the lowest grade offered in the school building for which a new option is sought; or 
5.    The option would allow the student to continue current enrollment in a school district; or 
6.    The option would allow the student to enroll in a school district in which the student was previously enrolled as a student; or 
 
B.    Option enrollment shall be administered under the direction of the District’s Superintendent and the Superintendent shall serve as the designee of the District’s Board of Education for any matters involving option enrollment to be acted upon by the Board, except as otherwise required by law or hereinafter provided.

II.    Standards for Acceptance, Rejection, and Capacity.

    A.    Acceptance, Rejection, and Capacity.  The Board shall adopt a resolution setting forth its specific capacity standards for acceptance and rejection of applications as an option school district, and for acceptance or rejection of a request for release of a resident or option student submitting an application to an option school district after March 15 as provided in subsection III(A) of this Rule.  The Board's adoption of a resolution does not preclude the Board from adopting a subsequent resolution with specific capacity standards partially or wholly different from its previous resolution(s).  Capacity for special education services shall be determined on a case-by-case basis, with the District’s Director of Special Education Services or designee evaluating the applications for option enrollment received by the District which indicate that the student has an individualized education program under the Individuals with Disabilities Education Act or has been diagnosed with a disability as defined in Neb Rev. Stat. § 79-1118.01, to determine if the District and the appropriate class, grade level, or school building has the capacity to provide the student the appropriate services and accommodations. For all other students, the standards may include the capacity of a program, class, grade level, or school building, and, in addition shall take into consideration any unique circumstances having an impact on enrollment capacity.  Such unique circumstances having an impact on enrollment capacity shall include, but shall not be limited to, planned expansion and increases of enrollment, projected future enrollments, growth issues pertaining to instructional staff, class size and unassigned instructional space, housing construction projections, and planned accommodations for future enrollment growth.  To facilitate option enrollment, the District shall annually establish, publish, and report a maximum capacity for each District school building pursuant to procedures, criteria and deadlines established by the State Department of Education.   Standards shall not include previous academic achievement, athletic or other extracurricular ability, disabilities, proficiency in the English language, or previous disciplinary proceedings except as provided in Neb. Rev. Stat. §79-266.01.  Standards for acceptance or rejection of a request for release shall not include that a request occurred after the deadline set forth in subsection III(A) of this Rule.  The District may by resolution prior to October 15 of each school year, declare a program, class, grade level, or school building unavailable to option students for the next school year due to a lack of capacity. 

B.    Priorities for Option Enrollment.  Priority for acceptance of applications received shall be as follows: 

1.    For applications received on or before the March 15 deadline:

a.        First priority for option enrollment shall be for siblings of option students enrolled in the District.  
b.        Second priority shall be for enrollment of students who reside in the Learning Community and who contribute to the socioeconomic diversity of enrollment at the school building to which the student will be assigned. 
c.        Third priority shall be for enrollment of other students who reside in the Learning Community.  
d.        The District shall not be required to accept a student meeting the priority criteria if the program, class, grade level, or school building is at capacity, except as provided in Neb. Rev. Stat. § 79-240 and subsection III(D)(7) of this Rule.

2.        In the event there are fewer spaces available than the number of applications in a given priority category, the selection shall be determined on a random basis. If the applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order as provided in subsection IV of this Rule. All wait lists will become null and void prior to the first day of the next upcoming second semester. 
 
3.    For applications received after the March 15 deadline and for which space is available in the program, class, grade level, or school building, selection shall be as provided in subsection IV of this Rule.

III.    September 1 to March 15 Regular Application and Cancellation Process.

A.    September 1 to March 15 Regular Application.  To attend an option school district, the student's parents or legal guardian shall submit an application to the board of education of the option school district between September 1 and March 15 for enrollment during the following school year.  If the District is the option school district, the application shall be delivered to the office of the Superintendent or Superintendent's designee.  Applications submitted after March 15 shall contain a release approval from the resident school district on the application form prescribed and furnished by the Department of Education.  The option school district may not accept or approve any applications submitted after such date without such a release approval.  The option school district shall provide the resident school district with the name of the applicant on or before April 1. 

1.    The student’s parents or legal guardian shall use the application and cancellation forms furnished by the Department of Education.  
2.    A separate application is required for each student.
3.    Applications shall be accepted for the immediately following school year only. 
4.    Siblings of option students shall make their own independent application for attendance as an option student.
5.    A particular school within a school district may be requested, but the school assignment of the option student shall be determined by the option school district and Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school. 
6.    A parent or guardian may provide information on the application regarding the applicant’s potential qualification for free or reduced-price lunches.  Any such information provided shall be subject to verification and shall only be used for the purposes of Neb. Rev. Stat. § 79-238(4).  Nothing in this subsection requires a parent or guardian to provide such information.  Determinations about an applicant’s qualification for free or reduced-price lunches for purposes of Neb. Rev. Stat. § 79-238(4) shall be based on any verified information provided on the application.  If no such information is provided, the student shall be presumed not to qualify for free or reduced-price lunches for the purposes of Neb. Rev. Stat. § 79-238(4).  Each year the District shall randomly select at least three percent of the option enrollment applications accepted, for verification of free or reduced-price lunch status.  The District may, in its discretion, audit to verify the free and reduced-price lunch status of all such applications.  

7.    Applications for students who do not actually attend the option school district may be withdrawn in good standing upon mutual agreement by both the resident and option school districts.

8.    False or substantially misleading information submitted by a parent or guardian on an application to an option school district may be cause for the option school district to reject an application or to reject a previously accepted application if the rejection occurs prior to the student’s attendance as an option student.

        9.    Students who relocate to a different resident school district after February 1, or whose option school district merges with another district effective after February 1, may submit an application to an option school district for attendance during the current or immediately following and subsequent school years. Such application does not require the release approval of the resident district and the option school district shall accept or reject such application within forty-five days and shall provide the resident school district with the name of the applicant within forty-five days of submission.    

    B.    Cancellation.  No option student shall attend an option school district for less than one school year unless the student relocates to a different resident school district, completes requirements for graduation prior to the end of the student's senior year, transfers to a private or parochial school, or upon mutual agreement of the resident and option school district to cancel the enrollment option and return to the resident school district.  Except as provided in the preceding sentence or the option student shall attend the option school district until graduation unless the student relocates in a different resident school district, transfers to a private or parochial school, or chooses to return to the resident school district.  In case of cancellation, the student's parents or legal guardian shall provide written notification to the school boards of the option and resident school districts on forms prescribed and furnished by the Department of Education in advance of such cancellation.                  

    C.    Waiver of Deadlines.  Upon agreement of the school boards of the resident and option school districts, the deadlines for application and approval or rejection may be waived.

D.    Acceptance by District.

    1.    The District shall accept or reject applications based on the capacity of the school building, the eligibility of the applicant for the school building program, the number of such applicants that will be accepted for a given school building, and in the order of selection priority as hereinbefore provided, and for applications which indicate that the student has an individualized education program under the Individuals with Disabilities Education Act or has been diagnosed with a disability as defined by Neb. Rev. Stat. § 79-1118.01, the capacity to provide the services and accommodations required.

    2.    The selection process shall be conducted on a “building by grade” basis.  In the event the applications to a building exceed the capacity of such building, the selection shall be in the order of selection priority as hereinbefore provided.

    3.    If all school buildings identified on an application are at maximum capacity but the District has buildings offering the same grades which have remaining capacity, the District may communicate with the student, parent or legal guardian and identify those school buildings within the District which have capacity, which the applicant may substitute for one or more school buildings identified on the submitted application. 

    4.    If the applications received for a school building exceed the remaining capacity of the school building, the District shall establish a wait list for all excess applications in the order of selection priority as hereinbefore provided, and option enrollment slots which become available shall be filled from the wait list in order as provided in subsection IV of this Rule. All wait lists will become null and void prior to the first day of the next upcoming second semester.
 
    5.    The District may, in its discretion, accept option enrollment applications in excess of the maximum capacity of a school building, in the order of selection priority as hereinbefore provided.

    6.    The District shall notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected on or before April 1.

        7.    The following students shall be automatically accepted and the deadlines prescribed in Neb. Rev. Stat. § 79-234 shall be waived:

            a.    Students who relocate in a different school district but want to continue attending the original resident school district and who have been enrolled in the original resident school district for the immediately preceding two years. 

            b.    Option students who relocate in a different school district but want to continue attending the option school district.

            c.    An option student who subsequently chooses to attend a private or parochial school shall be automatically accepted to return to either the resident or option school district upon the completion of the grade levels offered at the private or parochial school.  If such student chooses to return to the option school district, the student’s parents or legal guardian shall submit another application to the option school district’s board of education which shall be automatically accepted, and the application deadlines shall be waived. 

    E.    Completion of Enrollment Processes.
        
        1.    The parents or legal guardians of a student who has been accepted by the District for an option enrollment placement, must complete the District’s defined enrollment processes by May 15.  Failure to complete the District’s defined enrollment processes by May 15 shall result in the forfeiture of the option enrollment slot by the applicant, and, if applicable, shall be filled from the District’s wait list as provided in subsection IV of this Rule.    

IV.     Wait Lists and Application Process for Newly Available Option Enrollment Slots After June 1. 

A.    The District will follow the following procedures when any option enrollment slots open or become newly available after June 1 and up through the day prior to the start of the next upcoming second semester. 

B.    Such option enrollment slots which become newly available shall first be filled from the wait list in order. 

1.    The District will communicate with the parent or legal guardian of the first student on the wait list about the newly available option enrollment slot and whether the parent or legal guardian desires to accept it.  If the parent or legal guardian does not accept it, then the District shall similarly communicate with the parents or legal guardians of the next students on the wait list in order, until the newly available option enrollment slot is filled or the wait list is exhausted. 

2.    When a parent or legal guardian accepts such a newly available option enrollment slot they will have four business days to obtain and provide to the District a release approval from the resident school district on the application form prescribed and furnished by the Department of Education.  The District may not fill any such newly available option enrollment slot without such a release approval. 

3.    When the release approval is provided to the District, the District shall immediately notify, in writing, the parent or legal guardian of the student and the resident school district that the application is accepted.  The parent or legal guardian of the student so accepted for a newly available option enrollment slot must then complete the District’s defined enrollment processes within three business days and the student shall immediately start attending school when the District’s defined enrollment processes are completed, if school is then in session.

4.    Failure to complete the District’s defined enrollment processes within three business days and/or failure of the student to start attending school shall result in the forfeiture of the option enrollment slot by the applicant and such slot shall then be offered to the parents or legal guardians of the next student on the wait list in order. 

5.    All wait lists shall become null and void prior to the first day of the next upcoming second semester. 

6.    No such newly available option enrollment slots shall be filled from any wait lists after the start of the second semester and through May 31. 

C.    If there is no applicable wait list, then such option enrollment slots which become newly available may be filled via any new application or applications which may be received by the District therefor. 

1.    Such applications will only be received after June 1 and up to the day prior to the start of the upcoming second semester. Such applications must be delivered to the office of the Superintendent or Superintendent’s designee. Such applications shall contain a release approval from the resident school district on the application form prescribed and furnished by the Department of Education. The District may not accept or approve any such applications without such a release approval. 

2.    The application requirements as provided in subsections III(A)(1), (2), (4), and (6) through (9) of this Rule must be complied with. 

3.    Such applications shall only be received for the program, class, grade level, or school building which the District has determined to have then available option enrollment slots, and acceptance shall be based upon the date and time of submittal of the application to the District with the earliest date and time of submittal receiving priority.

4.    If there are multiple and simultaneous applications submitted, the District shall accept reject such applications based on the number of option enrollment slots which the District has determined are then available for option enrollment, the eligibility of the applicant for the school building program, and in the order of selection priority as provided in subsections II(B)(1)(a) through (d) of this Rule. If such option enrollment slots still exist after the completion of the selection priority process, then those slots shall be filled on a random drawing basis from the existing applications on file. The District shall not establish a wait list for any excess applications.

5.    The District shall immediately notify, in writing, the parent or legal guardian of the student and the resident school district whether the application is accepted or rejected. 

6.    The parent or legal guardian of the student so accepted for a newly available option enrollment slot must then complete the District’s defined enrollment processes within three business days and the student shall immediately start attending school when the District’s defined enrollment processes are completed, if school is then in session.

7.    Failure to complete the District’s defined enrollment processes within three business days and/or failure of the student to start attending school shall result in the forfeiture of the option enrollment slot by the applicant and such slot shall remain open. 
    
V.    Notification of Rejection of Application or Request for Release and Right to Appeal.  

If an application or request for release is rejected by the District in its capacity as an option or resident school district, the District shall provide written notification sent by certified mail to the parent or guardian stating the specific reasons for the rejection including, for students with an individualized education program under the Individuals with Disabilities Education Act or with a diagnosed disability as defined in Neb. Rev. Stat. § 79-1118.01, a description of the services and accommodations required that the District does not have the capacity to provide, and the process for appealing such rejection to the State Board of Education.  The parent or legal guardian may appeal the rejection to the State Board of Education within thirty days after the date the notification of the rejection was received by the parent or legal guardian. 

VI.    Treatment of Option Students.  

For purposes of all duties, entitlements, and rights established by law, including special education as provided in Neb. Rev. Stat. § 79-1127, option students shall be treated as resident students of the option school district. 

VII.    Accepting Credits.  

If the District is the option school district, it will accept credits toward graduation that were awarded by the resident school district.  Further, the District shall award diplomas to option students if the student meets the District's graduation requirements.  

VIII.    Transportation or Reimbursement.

 This section constitutes the District’s specific standards for providing transportation for option students for the 2017-2018 school year and the school years thereafter.

A.    Except as otherwise provided by law, Neb. Rev. Stat. § 79-611 and District Rule 3811.1 do not apply to the transportation of option students.

B.    The parent or legal guardian of the option student shall be responsible for transportation except as herein provided.

C.        Option students who qualify for free lunches shall be eligible for transportation reimbursement as described in Neb. Rev. Stat. § 79-611 from the District, except that they shall be  reimbursed at the rate of one hundred forty-two and one-half percent of the mandatorily established mileage rate provided in Neb. Rev. Stat. § 81-1176 for each mile actually and necessarily traveled on each day of attendance by which the distance traveled one way from the residence of such student to the schoolhouse exceeds three miles.

D.     For option students verified as having a disability as defined in Neb. Rev. Stat. § 79-1118.01, the transportation services set forth in Neb. Rev. Stat. § 79-1129 shall be provided by the resident school district.
 
IX.    Definitions.     

    A.    "Department of Education" shall mean the Nebraska State Department of Education.

    B.    "Enrollment Option Program" shall mean the program established in Neb. Rev. Stat. § 79-234. 

    C.    “Learning Community” shall mean the Learning Community of Douglas and Sarpy Counties.

    D.    "Option school district" shall mean the public school district that a student chooses to attend other than the student's resident school district.

    E.    "Option student" shall mean a student that has chosen to attend an option school district.

    F.    "Parents" shall mean, in the case of parents who are divorcing or divorced, the custodial parent.

    G.    "Resident school district" shall mean the public school district in which a student resides or the school district in which the student is admitted as a resident of the school district pursuant to Neb. Rev. Stat. § 79-215.

    H.    "Siblings" shall mean all children residing in the same household on a permanent basis who have the same mother or father or who are stepbrother or stepsister to each other.

    I.    “Student who contributes to the socioeconomic diversity of enrollment” shall mean a student who does not qualify for free or reduced-price lunches when based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend either has more students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community or provides free meals to all students pursuant to the community eligibility provision, or a student who qualifies for free or reduced-price lunches based on information collected voluntarily from parents and guardians pursuant to Neb. Rev. Stat § 79-237 when, based upon the certification pursuant to Neb. Rev. Stat. § 79-2120, the school building the student will be assigned to attend has fewer students qualifying for free or reduced-price lunches than the average percentage of such students in all school buildings in the Learning Community and does not provide free meals to all students pursuant to the community eligibility provision.

I. Admission 

A. The District will annually approve foreign exchange programs prior to considering and admitting foreign exchange students for the ensuing school year. All foreign exchange agencies must be certified through the Council on Standards for International Educational Travel. The Board will be provided with a written list of the foreign exchange programs approved by the District.

B. The District will accept a maximum of nine (9) students from foreign nations through the District's approved foreign exchange programs unless otherwise determined by the Superintendent or designee. 

C. Foreign exchange students must be at least sixteen (16) years old, but not older than nineteen (19) years old, on or by September 1st of the school year in which the student is going to enroll in the District. Foreign exchange students must not have graduated from high school (or an equivalent educational institution) prior to enrollment in the District.

D. Complete application portfolios will be accepted on a first come first served basis in the Office of Student Services beginning on the first day of school of the preceding school year of attendance. All application portfolios must include the following:

i. Student demographic information to include a Birth Certificate or Passport. 

ii. Student Health information to include immunization records. All foreign exchange students must meet the minimum immunization requirements for the State of Nebraska.

iii. Host family application and information to include address and length of stay.

iv. Documentation of financial support and assurance that the student is covered by health insurance.

v. A complete transcript and brief explanation of the transcript.


vi. The name and contact information of the local exchange program liaison

E. No foreign exchange student will be enrolled in the District until the foreign exchange student has provided the District with all records and information requested by the District. Foreign exchange students must also comply with any health requirements imposed by state or other governing law. 

F. To be enrolled, acceptance by the District of foreign exchange students must be made prior to the commencement of the school year; no acceptance of foreign exchange students will be made during the school year.

G. Upon acceptance, the host family must contact the assigned high school to complete additional enrollment and scheduling processes.

H. The Millard Public Schools is not responsible for finding host families for foreign exchange students.

II. Requirements During Attendance in the District 

A. Foreign exchange students must reside in the District during the school year.

B. With the exception of providing activity tickets, no District funds will be expended on foreign exchange students unless expressly authorized by the Board. 

C. If practicable, placement of more than one student of a particular foreign nationality in the same high school will be avoided. 

D. Foreign exchange students completing twelfth grade in the District will be provided with an honorary Diploma. If a foreign exchange student wishes to receive a District high school diploma, the student must make application to the school principal at the beginning of the school year, and must successfully complete District graduation requirements.

E. The Millard Public Schools will not provide English-as-a-second-language instruction to foreign exchange students. 

F. Foreign exchange students are subject to all district policies and rules.

I. Rules Governing Student Surnames

A. Enrollment 

Students enrolling in the District will be enrolled using the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

B. District Records 

When preparing or filling out records pertaining or relating to a District student, the District will use the surname used in the student's birth certificate unless the student's surname has been changed by a court of competent jurisdiction in which case the District will use the surname ordered by such court.

I. Collection of Information

At the beginning of each school year, the District will collect enrollment information on paper report forms to provide a baseline for judging the accuracy of the District’s computerized database. Paper reports will be used on the third school day and on September 20th; computerized records will be used thereafter.

When a student enrolls during the school year, the principal or principal’s designee will be responsible for collecting the applicable census data for all the children in that student’s family. The District’s administration may develop and implement guidelines and procedures to assist school principals or the principals’ designee in obtaining the appropriate census and enrollment information.

II. Contents and Timelines of Enrollment Reports 

An accurate enrollment report will be accessible to authorized users on or by the 20th day of each month. It will be the responsibility for each District school to ensure that each student is properly recorded in the District’s database.

Student database information shall include each student’s:

A. Grade, teacher (for elementary grade students), race, and sex;

B. Status (whether the student has been added to or dropped from enrollment in the District); and

C. Housing subdivision.

I. Qualified children may apply for participation in the District’s preschool programs. Qualified children meet the following criteria:

A. Resident Requirement: Children must reside in the District or have one parent residing in the District.

B. Age Requirement: The District shall not admit any child into preschool unless such child has reached the age of four (4) years or will reach such age on or before July 31 of the current school year. Children who have reached the age of five (5) years on or before July 31 of the current school year are not preschool eligible. 

II. Applications shall be made in accordance with the following application procedures:

A. Applications Open: Applications may be submitted to the Office of Educational Services after September 15 of the year preceding. 

B. Applications Deadline: The deadline for applications is February 15 of the preceding school year.

III. Applications for a preschool program will be approved and placements will be made in the following order: 

A. Qualified children whose family income qualifies them for participation in the federal free or reduced lunch program; English learner; children who demonstrate an academic need; children whose parents are younger than eighteen; children who were born prematurely or at a low birth weight as verified by a physician; children enrolled in Head Start; children of homeless families; foster children; and children of migrant families. 

B. Remaining slots are available for parent pay children subject to NDE Rule 11 and placement will be made in the following order.
i. Qualified children in the school attendance area.
ii. Qualified siblings of children enrolled in the building or program.
iii.Qualified children from elsewhere in the District.

C. In the event that the applications for a preschool program exceed capacity, then a random drawing in the order outlined in Section III(A) above will determine which applications are approved. 

D. The District reserves the right to accept preschool enrollment on an as available basis once the school year begins.

IV. Limitations and Restrictions on Student Eligibility

A. Qualified resident children who are accepted into a preschool program will be assigned back to their home school for kindergarten. If parents wish to enroll their child in a building other than the assigned school, they may apply via the District’s K-12 Within-District Transfer Policy.

B. Students who are accepted into a preschool program may transfer to another preschool program during the current school year only if an opening is available and there is not a wait list. Students may apply for a different preschool program for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

C. Students who move out of the district do not meet eligibility requirements and are no longer qualified to participate in the District's preschool programs. Such students will be disenrolled from the program.

V. Transportation

A. Transportation for children must be provided by the child's parents or legal guardian unless as otherwise required by law.

VI. Exceptions

A. The District recognizes the configuration of educational groupings unique to specific preschool programs. Such unique configurations may result in the continued participation in said program until such time as the next program grouping is encountered. The District reserves the right to make this determination annually based upon program capacity and other pertinent factors. 

B. Nebraska Department of Education Rule 11 requires Title I funded programs to include children verified as having disabilities pursuant to 92 NAC 51 and to maximize the participation of economically and categorically diverse groups of children. 

VII. Program Qualifications

A. All Early Childhood Programs shall comply with Nebraska Department of Education Rule 11.

B. Nebraska Department of Education Rule 11 states that grant funds shall be targeted toward serving children regardless of their abilities, disabilities, or the social, linguistic, or economic diversity of the children's families. 

C. Early Childhood Special Education services are provided for eligible children birth to age five based upon evaluation of the child’s development. This program is only available to resident children, and children who have at least one parent residing in the District.

D. Montessori Preschool: Open to three and four year olds that have reached that age on or before July 31 of that school year. This program follows the Montessori curriculum and methodologies. Parents may apply to enroll their child in another Montessori Preschool program site for the subsequent year by following the application steps outlined in Section II above. Applications will be processed in accordance with Section III(A) above.

I. The District will comply with the federal and state laws regarding homeless children and youths. 

A. "Homeless child or youth" shall mean:

1. An individual who lacks a fixed, regular, and adequate nighttime residence; and

a. 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; or are abandoned in hospitals. 

b. 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, within the meaning of 42 U.S.C. § 11302(a)(2)(c); 

c. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

d. Migratory children, as defined in 20 U.S.C. § 6399, who qualify as homeless because the children are living in circumstances described in subsections I (A)(1)(a)-(c) above.

B. The term “homeless child or youth” does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or State law. 

II. Homeless Coordinator. The District’s designated Homeless Coordinator is the Director of Student Services. The Homeless Coordinator shall serve as the school liaison for homeless children and youth. 

A. Responsibilities. The responsibilities of the Homeless Coordinator are to assist with the identification, enrollment, and placement of homeless children and youth, and to provide support and staff development activities to all school personnel regarding the educational rights and needs of homeless children and youth, as needed. The Homeless Coordinator shall ensure that: 

1. Homeless children and youths are identified by school personnel and through outreach and coordination activities with other entities and agencies; 

2. Homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in schools of the District and to meet the same State academic standards to which all student are held; 

3. Homeless children and youths and their families have access to and receive educational services for which they are eligible and referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; 

4. The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children; 

5. Written notices are provided in accordance with federal law and public notices of the educational rights of homeless children and youths are disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; 

6. Enrollment disputes are mediated in accordance with Section VI of this Rule; 

7. The parents or guardians of homeless children and youths, and any unaccompanied youth, are fully informed of transportation services available under law; 

8. Unaccompanied youths are enrolled in school, have opportunities to meet the same State academic standards as the State establishes for other children and youth, and that unaccompanied youth are informed of their status as independent students under the Higher Education Act of 1965 and may obtain assistance from the Homeless Coordinator to receive verification of such status for purposes of the free application for federal aid pursuant to 20 U.S.C. § 1090. 

B. Coordination. The Homeless Coordinator shall coordinate with State coordinators and community organizations as well as school personnel responsible for the provision of education and related services to homeless children. Coordination activities with area shelters and other homeless service providers are to be established by the Homeless Coordinator. 

C. Financial. In conjunction with the Business Office, the Homeless Coordinator shall ensure that financial records are maintained to show expenditures are for authorized activities. 

D. Program Activities. The Homeless Coordinator shall design program activities to meet the greatest need as determined by the District and homeless service providers. 

E. Documentation. The Homeless Coordinator shall document the number of homeless children and youth receiving services. 

F. Student Records. The Homeless Coordinator shall ensure that any record ordinarily kept related to students, including immunization and other required health and medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, shall be maintained so that the records of a homeless child or youth are available, in a timely fashion, when the child or youth enters a new school or school district and in a manner consistent with the Family Educational Rights and Privacy Act. 

III. Enrollment and Placement of Homeless Children and Youth. The enrollment and placement of homeless children and youths shall be in compliance with federal and state laws. 

A. Enrollment. A homeless child or youth shall be immediately enrolled even if the child or youth is unable to produce records normally required for enrollment. Lack of previous school records, immunization and other required health and medical records, birth certificate, or other documentation from the previous school will not delay the enrollment of a homeless child or youth. Guardianship issues, uniform or dress code requirements, and residency requirements will not be an obstacle to delay or deny enrollment. The District may nonetheless require the parent or guardian of the homeless child or youth to submit contact information. 

B. Obtaining Records. The District shall immediately contact the school last attended by the homeless child or youth to obtain relevant academic and other records. If the homeless child or youth needs to obtain immunizations or other required health or medical records, the District shall immediately refer the parent or guardian of the homeless child or youth to the Homeless Coordinator, who shall assist in obtaining necessary immunizations or screenings, or the immunization or other required health or medical records. 

C. Placement. Placement decisions for a homeless child or youth shall be made according to the District’s determination of the child’s or youth’s best interest. 

1. In determining the best interest of the child or youth, the District shall: 

a. Presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the child’s or youth’s parent or guardian; and 

b. Consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian; and 

c. If after conducting the best interest determination based on consideration of the presumption and the student-centered factors, the District determines that it is not in the child’s or youth’s best interests to attend the school of origin or the school requested by the parent or guardian, the District shall provide the child’s or youth’s parent or guardian with a written explanation of the reasons for the determination, in a manner and form understandable to such parent or guardian, including information regarding the right to appeal. 

2. If placed in the school of origin, the placement shall continue for the duration of the child’s or youth’s homelessness. If the child or youth becomes permanently housed (no longer homeless) during the school year the placement in the school of origin will be continued for the remainder of that school year. When the child or youth completes the final grade level served by the school of origin, the District designated receiving school at the next grade level shall become the school of origin. 

3. If the homeless child is an unaccompanied youth, the Homeless Coordinator shall assist in the placement decision, give priority to the views of the unaccompanied youth, and, if it is determined not to be in the unaccompanied youth’s best interests to attend the school of origin or the school requested by the unaccompanied youth, provide the unaccompanied youth with a written explanation of the reasons for the determination, in a manner and form understandable to such unaccompanied youth, including information regarding the right to appeal. 

4. The grade placement for the homeless child or youth will be the appropriate grade level as determined by the building principal or designee using the same procedures that are used for placing non- homeless children or youths attending that school. 


IV. Educational Services and Stigmatization or Segregation. It is the District’s policy that homeless children and youths not be stigmatized or segregated on the basis of their status as homeless. Homeless children and youths will be provided the same free appropriate public education as other students. Homeless children and youths will be provided services comparable to services offered to other students in the school in which the homeless child or youth has been placed, including transportation services, educational services for which the student meets the eligibility criteria, such as services provided under Title I, educational programs for children with disabilities, educational programs for English language learners, programs in vocational, career and technical education, programs for gifted and talented students, and school nutrition programs. 

V. Transportation. Transportation will be provided to homeless children and youths to the extent required by law. 

A. Comparable Service. Transportation will be provided to homeless children and youths comparable to that provided to students who are not homeless. 

B. School of Origin. When a homeless child or youth attends the school of origin, transportation will be provided to and from the school of origin upon request of the parent or guardian of the homeless child or youth, or upon request of the Homeless Coordinator in the case of an unaccompanied youth. If the homeless child or youth relocates out of the District but continues to be enrolled in the District based on it being the school of origin, the District will negotiate with the school district in which the child or youth is residing to develop a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If agreement is not reached, the responsibility and cost for transportation shall be shared equally. 

C. Eliminate Barriers. Transportation will be provided when necessary to eliminate barriers to school enrollment and retain children and youths experiencing homelessness. 

VI. Dispute Resolution Procedures. 

A. If a parent, guardian, or other person having legal or actual charge or control of a homeless child or youth has any complaint or dispute regarding eligibility, the educational placement, or enrollment of such homeless child or youth, the following procedures shall be followed so as to promptly resolve the complaint or dispute. 

1. The homeless child or youth and the parent or guardian shall be referred to the Director of Student Services and they will be required to submit a written dispute statement to the Director of Student Services. 

2. When it is determined that additional information would be helpful, the Director of Student Services will schedule a meeting within ten (10) days, or such time as practicable, at which time the homeless child or youth and parent or guardian will be given the opportunity to provide information in support of their position. 

3. The Director of Student Services will contact school officials and others as determined appropriate to obtain information to corroborate the information provided in support of the positions of the homeless child or youth and parent or guardian and the District. 

4. The Director of Student Services will provide a written response and explanation of a decision regarding the dispute within thirty (30) calendar days after receiving the dispute statement. 

5. The written response and explanation of the decision will include a notice of the right to appeal using the appeal process provided in Nebraska Department of Education Rule 19. 

B. During the time such a complaint or dispute is being considered, including all available appeals, the homeless child or youth shall be enrolled in the school where enrollment is sought.

I. K-12 Within-District Transfers 

A. A parent of a kindergarten through twelfth grade student who is currently enrolled in the District may submit a request to have his/her student attend a different school or special program during the current or next school year. Such requests shall be made in accordance with the following procedures. 

II. Student Eligibility for Within-District Transfers 

A. Any K-12 student whose parents reside in the District attendance area. 

B. Any K-12 student who is currently attending the District under Option Enrollment. 

III. Limitations and Restrictions on Student Eligibility 

A. Students will not be allowed to transfer to another school during suspension or expulsion. A student’s disciplinary record will be considered and students with extensive disciplinary records will not be considered for transfer unless it is determined to be in the best interests of the student or the school. 

B. The within-district transfer policy will not apply to or alter a student’s mandatory reassignment. 

C. If the student is in a special education program, the approval recommendation of the Director of Special Education will be based upon the student’s individualized education program and educational needs; class size; related service needs; transportation arrangements as may be required by law; the allocation of specially trained staff and personnel; facility issues; and the allocation of equipment or materials necessary to provide an appropriate education program. 

D. If the student receives EL services, the recommendation of the Superintendent or designee will be based upon the student’s educational needs and the allocation of specially trained staff and personnel. 

IV. Conditions of Transfers 

A. Student Withdrawal from Special Program: Any student approved for a within-district transfer to attend a special program in the District who subsequently withdraws from participation in such program shall have his/her within-district transfer approval revoked. Such student shall be reassigned to the school he/she would have attended if the within-district transfer had not been approved or may apply for a within-district transfer to another school. Within-district transfer requests will be in accordance with the factors outlined in Sections IX and X of this rule.

B. Students of parents who move from one school's attendance area to that of another within the District during the school year may continue attending the original school for the remainder of the current school year and start attendance at the assigned school with the commencement of the next school year. If the parents would like the student to remain at the original school to complete the educational level a Within District Transfer Request Form is required. Approval of such a Within District Transfer Request will be in accordance with the factors outlined in Sections IX and X of this Rule. 

C. Once a student is transferred to a particular school, the student will follow the assigned level path for that school (elementary, middle school, or high school).  Parents do not need to re-apply at each change in level. 

D. Parents may cancel their student’s transfer and return to the school assigned to their address by contacting the Office of Student Services.

E. The Superintendent or designee may reassign a student should it be determined that circumstances justify such reassignment. 

F. Once a transfer is approved, every effort will be made to make the transfer permanent; however, the District reserves the right to reassign transferred students back to their home school. 

G. Unless special safety, health, or program issues are involved, no student will be granted more than one transfer per school year. 

V. Transportation 

A. Transportation for students who transfer within the District must be provided by the student's parents or legal guardian unless as otherwise required by law. 

VI. Within-District Transfer Applications 

A. A Within-District Transfer Request Form should be completed online with the Office of Student Services. 

B. Students who desire to attend a special program may be required to complete a Within-District Transfer Form in the event that a program waitlist is necessary. 

C. Only one Within-District Transfer Request Form may be completed at any given time for an individual student. 

VII. Determination of Schools Open to Within-District Transfers 

A. The Superintendent or designee will recommend which schools, programs, grades or classes are to be considered open to within-district transfers. 

B. The Superintendent or designee will base recommendations on available space, curriculum, class size, personnel and staffing requirements, facility issues, the allocation of equipment and materials, and anticipated growth for the school, program, grade, or class. 

VIII. K-12 Within-District Transfer Requests for the Subsequent School Year 

A. Application Timeline 

1.    Applications Open: Parents may submit applications for within-district transfers to the Office of Student Services any time after the first day of school of the year preceding the school year in which the transfer would take effect if approved.

2.    Applications Deadline: Applications for within-district transfers must be submitted online no later than 5:00 p.m. on February 15 of the preceding school year. Applications must be completed by the parent, legal guardian or emancipated minor student.  

3.    The application period for within-district transfers will re-open after the option enrollment application process is completed. Within-district transfer applications will then be accepted on a first come-first served basis.

B. Approval Process 

1. Applications for within-district transfers will be approved for a specific building or program based upon the order outlined in Section VIII (C) below. 

2. If requests for within-district transfers exceed capacity, a random drawing in the order outlined in Section VIII (C) below will determine which applications are approved. 

C. Order of Approval 

1.    Montessori Program Transfer Requests

a.    Elementary
i.    Millard resident, in the Pre-Kindergarten Montessori Program, with a sibling in the Montessori Program
ii.    Millard resident in the Pre-Kindergarten Montessori Program 
iii.    Millard resident who lives within the Montessori Program school attendance area
iv.    Millard resident with a sibling in the Montessori Program
v.    All other resident transfers
vi.    Non-resident, in the Pre-Kindergarten Montessori Program, with a sibling
vii.    Non-resident, in the Pre-Kindergarten Montessori Program
viii.    All option enrollment applications

b.    Secondary
i.    Millard resident, in the Montessori Program, with a sibling in the Montessori Program
ii.    Millard resident in the Montessori Program 
iii.    Non-resident in the Montessori Program
iv.    Millard resident who lives within the Montessori Program school attendance area
v.    Millard resident with a sibling in the Montessori Program
vi.    All other resident transfers
vii.    All other non-Resident Students
viii.    All option enrollment applications

2.    School Attendance Area Students

3.    Other District Resident Students

a.    Millard Resident Siblings

b.    Regular Program by Grade

4.    Non-Resident Option Enrollment Students

a.    Millard Non-Resident siblings

b.    Regular Program by Grade

5.    All other Non-Resident Students

Notification to Parents: The District shall notify the parents of the approval or denial of their student’s request for within-district transfer on or before March 1 of the preceding school year. 

IX. K-12 Within-District Transfers for the Current School Year 

A. Parents may submit applications for within-district transfers for the current school year to the Office of Student Services after the first day of school and prior to January 15 of the current year. 

B. The Superintendent or designee will determine whether the transfer request will be granted or denied after considering the following factors: 

1. The reasons for the within-district transfer request. 

2. The time of year the transfer request is made. 

3. Personnel and staffing requirements, building or program capacity, curriculum, and facility issues affecting the building to which the student wishes to transfer. 

4. The student’s educational program including, but not limited to, course credits and graduation requirements. 

C. The District shall notify the parents of the approval or denial of their student’s request for within- district transfer. 

X. Extenuating Circumstances. 

A. The Superintendent may in his/her discretion allow students to transfer schools when extenuating circumstances warrant. 

B. The Superintendent may in his/her discretion determine that transfer order of approval for certain schools be prioritized for relieving overcrowding. 

XI. Special programs shall mean the District’s Core Program, Montessori Program, and International Baccalaureate Programmes.

I. Withdrawal Procedure. The procedure for withdrawal of a student from school due to a change of residence, enrollment in a different public, private, denominational, or parochial day school, or attendance at a school which elects not to meet accreditation or approval requirements pursuant to state law, shall be in accordance with the following:

A. Secure withdrawal authorization from the parent, guardian, or other person with legal or actual charge or control of the student.

B. Obtain appropriate forms from the guidance office or principal’s office. 

C. Have the forms filled out by teacher, return all schoolbooks and property, and make sure all fees are paid. 

D. Take completed forms to the guidance or principal’s office for final clearance.

II. The procedure for withdrawal of a student who has reached sixteen (16) years of age but is less than eighteen (18) years of age, and which is for the purpose of being exempt from mandatory attendance requirements of state law, shall be in accordance with District Rule 5120.2.

I. Withdrawal Procedure for Purposes of Exemption from Mandatory Attendance Requirements. 

 A. A person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age may withdraw such student from school before graduation and be exempt from the mandatory attendance requirements of Neb. Rev. Stat. §79-201 if an exit interview is conducted and the withdrawal form is signed as required by subsections I(B) through I(F) of this Rule. 

B. Upon the written request of any person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age, the Superintendent or designee shall conduct an exit interview if the student is enrolled in a school operated by the District, or resides in the District and is enrolled in a private, denominational, or parochial school.

C. The Superintendent or designee shall set the time and place for the exit interview which shall be personally attended by the student, unless the withdrawal is being requested due to an illness of the student making attendance at the exit interview impossible or impracticable. The exit interview shall also be attended by the person who has legal or actual charge or control of the student who requested the exit interview, the Superintendent or designee, and the student’s principal or designee if the student at the time of the exit interview is enrolled in a District school. Other persons may also attend the exit interview, if such attendance is requested by any of the required parties and they agree to attend the exit interview and are available at the time designated for the exit interview. Such other persons may include, but need not be limited to, other District personnel or the student’s principal or such principal’s designee if the student is enrolled in a private, denominational, or parochial school. 

D. At the exit interview, the person making the written request shall present evidence that they have legal or actual charge or control of the student, and that the student would be withdrawing due to either financial hardships requiring the student to be employed to support the student’s family or one or more dependents of the student, or an illness of the student making attendance impossible or impracticable. The Superintendent or designee shall identify all known alternative educational opportunities, including vocational courses of study, that are available to the student in the District and how withdrawing from school is likely to reduce future earnings for the student and increase the likelihood of the student being unemployed in the future. Any other relevant information may also be presented and discussed by any of the parties in attendance. 

E. At the conclusion of the exit interview, the person making the written request may sign the withdrawal of the student or may rescind the written request for the withdrawal. 

F. Any withdrawal form signed by the person making the written request shall be valid only if the student signs the form unless the withdrawal is being requested due to an illness of the student making attendance at the exit interview impossible or impracticable, and the Superintendent or designee signs the form acknowledging that the interview was held, the required information was provided and discussed at the interview, and, in the opinion of the Superintendent or designee, the person making the written request does in fact have legal or actual charge or control of the student and the student is experiencing either financial hardships requiring the student to be employed to support the student’s family or one or more dependents of the student, or an illness making attendance impossible or impracticable. 

G. A person who has legal or actual charge or control of a student who is at least sixteen (16) years of age but less than eighteen (18) years of age may withdraw the student before graduation and be exempt from the mandatory attendance requirements of Neb. Rev. Stat. § 79-201 if such student has been enrolled in a school that elects pursuant to Neb. Rev. Stat. § 79-1601 not to meet the accreditation or approval requirements by filing with the State Department of Education a signed and notarized release on a form prescribed by the Nebraska Commissioner of Education. 

H. A student who has been withdrawn from school pursuant to this Rule may enroll in a school district at a later date as provided in Neb. Rev. Stat. § 79-215 or may enroll in a private, denominational, or parochial school or a school which elects pursuant to Neb. Rev. Stat. § 79-1601 not to meet accreditation or approval requirements. Any such enrollment shall void the withdrawal form previously entered, and the provisions of Neb. Rev. Stat. §§ 79-201 to 79-210 shall apply to the student. 

II. The District shall submit to the State Department of Education the withdrawal forms or data regarding students who have withdrawn from school pursuant to this Rule, in accordance with the requirement of state law. 

I. Attendance. 

A. Attendance Accounting. Attendance accounting shall be accomplished in secondary schools by recording students’ attendance period-by-period, in elementary schools by recording students’ attendance in the morning and afternoon, and in summer school by recording secondary students’ attendance period-by-period and elementary students’ attendance by the hour. 

B. Grounds for Excused Absences. Students will be granted an excused absence from school by the principal or the principal’s designee for the following reasons: 

1. Personal illness (a physician’s verification is required after four (4) consecutive days of absence for illness). 

2. Doctor or dental appointments for the student, which cannot be scheduled at a time other than during school hours. 

3. Death or serious illness of the student’s family member. 

4. Attending a funeral. 

5. Wedding or graduation of the student’s family member. 

6. Legal matters which cannot be arranged at a time other than during school hours. 

7. Observance of religious holidays of the student's own faith. 

8. College planning visits. 

9. Matters involving student safety. 

10. Matters related to military service. 

11. Personal or family vacations not to exceed five (5) days per school year. 

12. Pregnancy and parenting related appointments and/or conditions pursuant to District Rule 5200.3 (I). 

13. The approval of all excused absences may be subject to review by Student Services. 

C. Insufficient Grounds for Excused Absences. Students will be assigned an unexcused absence from school by the principal or the principal’s designee for the following reasons: 

1. Personal recreational activities. 

2. Non-school sponsored activities and athletics (e.g., competitive cheer, club sports, or theater caravans). 

3. Babysitting. 

4. Birthdays. 

5. Work. 

D. Rules Governing Absences. 

1. Individuals who are authorized to submit written excuses for absences are a parent or guardian, the student if age nineteen (19), or the student if emancipated. Written excuses must be provided to the principal or the principal's designee. 

2. The student's parents or guardians must call within the time specified by the school's guidelines and provide the following information: the date(s) and/or time of the absence and the reason for the absence. Failure to call within the required time frame will result in the absence being recorded as unexcused. 

3. The District reserves the right to require verification from a doctor or dentist when an absence is for medical or dental reasons. 

4. A written excuse, which is forged or contains factual misrepresentations, will subject the student to discipline under District Rule and the absence(s) will be recorded as unexcused absences. 

E. Make-up Work for Excused and Unexcused Absences. 

1. Schoolwork missed due to an excused or unexcused absence, must be completed to the satisfaction of each teacher whose class was missed. 

2. Students will have a minimum of one (1) school day for each day of absence, to make up missed schoolwork. Students who do not make up their work within the prescribed time limits will not receive credit for the work missed. 

3. Make-up work may be provided prior to a planned absence if the lessons and assignments have already been planned for and prepared by the teacher in the context of having created the weekly lesson plans. Make-up work provided to a student in advance of their absence does not guarantee that no additional work may need to be completed upon their return to school. Students who do not request missed work in advance will be provided all assigned work when the student returns from an absence. 

4. Providing early or late semester exams is at the discretion of the building principal or the principal’s designee. 

5. During prolonged absence due to illness, the parent may call the school office to make arrangements for picking up the missed work. 

6. When the school administration has given approval for a student to participate in school sponsored programs such as High Ability Learners (HAL) Seminars, music programs, dramatics, or athletics, the student should not be penalized for not being present to take tests and participate in the daily work. The student shall be given an opportunity to make up any work missed. 

II. Tardiness. 

A. Rules. The following rules shall apply to tardiness. 

1. Students tardy to school will not be admitted to class unless the student has the permission of the principal or principal's designee. 

2. Tardies will be excused or unexcused as determined by building principal or the principal’s designee. 

3. Each school shall adopt a set of guidelines to be used to avoid or minimize student tardiness and publish it in their student handbook. 

III. Excessive Absenteeism. 

A. Rules. The following rules shall apply to excessive absenteeism. 

1. At least one (1) attendance officer shall be appointed by the District’s Board who shall enforce the provisions of Nebraska's mandatory attendance laws. If the Superintendent, a principal, a teacher, or a Board member knows of a violation of Nebraska's mandatory attendance laws they shall within three (3) days report such violation to the District’s attendance officer who shall immediately investigate the violation. When of his or her personal knowledge or by report or complaint from any resident of the District, the District’s attendance officer believes that there is a violation of Nebraska’s mandatory attendance laws, the attendance officer shall immediately investigate such violation. 

2. If a student has accumulated eight (8) absences in a school year or the hourly equivalent, the District may render all services to address barriers to attendance. Such services shall include, but not be limited to, the following: 

a. Verbal or written communication by District officials with the person or persons who have legal or actual charge or control of any student. 

b. One or more meetings between, at a minimum, a school attendance officer, a school social worker, or a school administrator or his or her designee, the person who has legal or actual charge or control of the student, and the student, when appropriate, to attempt to address the barriers to attendance. The result of the meeting or meetings shall be to develop a collaborative plan to reduce barriers identified to improve regular attendance. The plan shall consider, but not be limited to: 

i. The physical, mental or behavioral health of the student; 

ii. Educational counseling; 

iii. Educational evaluation; and 

iv. Referral to community agencies for economic services, family or individual counseling, assisting the family in working with other community services, and referral to restorative justice practices or services. 

v. Prevention and early intervention procedures, service coordination, cooperative efforts, and information sharing, in accordance with the Superintendent’s Plan pursuant to Neb. Rev. Stat. § 79-2121. 

3. Absences due to pregnancy, or pregnancy related conditions, or care for an ill child, do not count towards the excessive absenteeism accumulated absences in a school year or the hourly equivalent. 

B. Notification. 

1. If a student has accumulated eight (8) absences in a school year or the hourly equivalent, the District will send written notice to the student’s parents or guardians regarding the State mandatory attendance and excessive absenteeism laws. If any of the absences are due to illness, the notice to the student’s parents or guardian shall indicate the number of absences due to such. 

2. If a student has accumulated fifteen (15) absences in a school year or the hourly equivalent, the District will send written notice to the student’s parents or guardians regarding the State mandatory attendance and excessive absenteeism laws. If any of the absences are due to illness, the notice to the student’s parents or guardians shall indicate the number of absences due to such. 

3. If a student is absent more than twenty (20) days in a school year or the hourly equivalent, the attendance officer may file a report with the county attorney of the county in which the student resides. The District shall notify the student’s family in writing prior to referring the student to the county attorney. The report shall state that the District has made the efforts required by Section III(A)(2) of this Rule and that the collaborative plan to reduce barriers identified to improve regular attendance has not been successful and the District recommends county attorney intervention. The report shall include the student's and parents’ names, address, number of excused and unexcused absences, number of absences due to illness documentation that the District has made the efforts required by Section III(A)(2) of this Rule, and copies of all other relevant information regarding the student’s attendance and excessive absenteeism. 

4. If a student has a history of being chronically absent from school, the District shall render any and all services in the District’s power to compel the student to attend school. 

C. Students on Probation. If a student on probation who has previously been expelled from the District is attending school pursuant to Nebraska law governing students on probation, prior to the re-admission of the student to the school, school officials shall meet with the student's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. The school may expel such a student for subsequent actions which violate District Rule 5400.6. Such a student shall be screened by the District for possible disabilities and, if the screening so indicates, the student shall be referred for evaluation for possible placement in a District special education program. 

IV. Students Exempt from the Mandatory Attendance Laws. Students who are exempt from the mandatory attendance laws are: 

A. Students who have obtained a high school diploma; 

B. Students who have completed the program of instruction offered by a school which elects pursuant to state law not to meet accreditation or approval requirements; 

C. Students who have reached eighteen (18) years of age; 

D. Students who have reached sixteen (16) years of age, but are not yet eighteen (18) years of age, and whose withdrawal from school before graduation and exemption from the mandatory attendance requirements has been completed in accordance with state law and District Rule 5120.2. 

E. Students who will reach six (6) years of age prior to January 1 of the then current school year, and their parent or guardian has discontinued enrollment in accordance with District Rule 5100.2(III)(A); and 

F. Students who will not reach six (6) years of age prior to January 1 of the then current school year, and their parent or guardian has discontinued enrollment in accordance with District Rule 5100.2(III)(B). 

V. Student Discipline. Students who violate the provisions of this Rule, or the District’s Standards for Student Conduct, or the guidelines of the building principal or principal's designee, may be subject to student discipline. Students who have excessive absences or tardies may also be subject to student discipline. 

VI. Definitions. 

A. "Emancipated student" shall mean any student, under the age of nineteen (19), who is either married, or is enlisted in the military service, or unmarried and has voluntarily left home without financial support from the student's parent(s), or the student has been declared emancipated by a court of law and the conditions leading to that declaration remain unchanged. 

B. “Excessive absences” shall mean eight (8) or more absences from school in a school year or the hourly equivalent. 

I. Attendance reports are due each month at a designated time. 

A. Elementary attendance reports should include the following information: 

1. Each teacher’s class enrollment for the beginning of the year, the previous month, and the present enrollment. 

2. Number of drops and adds. 

3. Number of students by grade and 

B. Secondary attendance reports should include the following: 

1. Each grade’s enrollment for the beginning of the year, the previous month, and the present enrollment. 

2. Number of drops and adds. 

3. Number of students by grade 

I. Attendance and Leave of Absence.

A. Pregnant and parenting students may attend their own health care, their child’s health care, and other pregnancy or parenting related appointments and such absences or tardiness will be excused. 

B. A pregnant or parenting student may take a leave of absence for pregnancy, childbirth, and other pre and post-natal related medical needs, along with recovery therefrom, for the duration that is deemed medically necessary by the student’s licensed health care provider. At the conclusion of a leave of absence, the student will return to the school of record and grade level as when the leave began. 

C. Absence due to pregnancy, or pregnancy related conditions, or care for an ill child, will not count toward excessive absenteeism pursuant to District Rule 5200.1(III).

II. Make-up Work and Alternative Coursework and Accommodations.

A. Pregnant and parenting students will be provided make-up work pursuant to District Rule 5200.1(I)(E) when absent.

B. Alternative methods to keep pregnant or parenting students in school will be made available. Such alternative methods may include accessing coursework on line, home based independent study, or accommodating tutoring visits. Such alternative methods are voluntary and pregnant or parenting students have the right to attend their regular classes and complete regular coursework.

C. Pregnant and parenting students may be provided additional reasonable accommodations upon request. Such reasonable accommodation requests will be evaluated and implemented on a case-by-case basis.

III. Extracurricular Activities.

A. Pregnant and parenting students may participate in activities, including extracurricular activities. A pregnant or parenting student may be required to obtain certification from the student’s licensed health care provider regarding the student’s safe participation in an extracurricular activity when such certification is required of students for other conditions requiring attention of a licensed health care provider. 

IV. Lactation Accommodations.

A. Reasonable time and space accommodations will be provided to lactating students to express milk during the school day. Such reasonable accommodations will be private, clean, and reasonably accessible, other than a bathroom.

B. Lactating students will be provided a food safe refrigerator to safely store breast milk.

V. Child Care Information.

A. A list of qualified licensed child care providers will be provided to pregnant and parenting students. Such list shall be local providers that participate in the quality rating and improvement system and meet all of the quality rating criteria for at least a step-three rating pursuant to the Step Up to Quality Child Care Act. Nothing in this Rule prohibits or limits any referral for a student or a student’s child to an early head start program or any other available community resources.

I. Annual Census. The District will annually prepare a census of the names of all of the children residing in the District, together with the names of all of the taxpayers in the District.

II. Responsibility for Annual Census. The Secretary of the Board shall take, or cause to be taken by a person appointed for such purpose by a majority vote of the Board, a census of the District consisting of a written list of the names of all children residing in the District from birth to twenty (20) years of age, together with the names of all District taxpayers. The Secretary or person appointed by the Board to take the census may delegate the responsibility of taking the census to the District’s principals, and may also develop and implement guidelines and procedures to be followed to assist in obtaining census information. A copy of the list, verified by oath of the person taking such census or by affidavit appended to or endorsed on the list, setting forth that it is a correct list of the names of all children belonging in the District from birth through twenty (20) years of age and that it reflects such information as of June 30, shall be kept in a depository maintained by the District and subject to inspection at all times.

III. Census for Children Less than Five Years of Age with Disabilities. Nebraska school districts are required to demonstrate participation in a plan of services for children less than five (5) years of age with disabilities. The content of the plan is to include a census by name, school district of residence, and the disability of all children less than five (5) years of age. 

IV. Definition. “Disability” shall mean disability as defined in District Rule 5400.2 or other governing law.

I. Bus Discipline. Procedures for handling discipline on school buses or on other District-provided transportation, and any other related disciplinary matters or problems, shall be subject to and processed in accordance with the District’s Standards for Student Conduct and other appropriate school rules. 

II. Regular Bus Routes. All discipline problems are to be reported to the principal of the student involved. No student is to be excluded from the bus or other District- provided vehicle during its use. 

III. Field Trips. The teacher is in charge of discipline on field trips. If the driver has a discipline problem, then the driver should contact the teacher and the teacher will handle the discipline problem.

I. Responsibility for Actions. Individual students shall be responsible for their actions, and to this end the District shall promote student conduct which respects the self-worth of students, staff members, and the community. 

II. Student Conduct. Students shall be expected to: 

    A. Know and follow the District’s rules and regulations; 

    B. Show respect to other persons and property; 

    C. Respect other persons’ points of view; 

    D. Care for and conserve all school property and supplies. 

III. District Property. Students and their parents shall be responsible for all damage caused to District property, equipment and supplies, which includes books and supplies of all kinds, equipment, buildings, and grounds. 

IV. Non-Compliance. Failure by a student to comply with the District regulations will result in enforcement of school discipline procedures and may include a parent conference. 
 

I. Bullying Prohibited. Bullying disrupts a school’s ability to educate students, threatens public safety by creating an atmosphere in which such behavior can escalate into violence, and is prohibited by 5400.6(II) (J) of the District’s Standards for Student Conduct.

II. Bullying Prevention and Education. In addition to prohibiting bullying in the District’s Standards for Student Conduct, the District will adopt an age appropriate developmentally based bullying prevention and education program, which includes in its scope the legal, social, health, and discipline consequences of bullying and provides information and techniques for the resistance and reporting of bullying. The program shall be for all students in all grades of the schools operated and served by the District from the early childhood level through grade twelve (12).

III. Bullying Defined. Bullying means any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) that has the purpose of exerting domination over another student through the act of intimidating, frightening, oppressing, retaliating, or adversely controlling the student, and that is disruptive of the educational process or any ongoing pattern of physical, verbal, written, graphic, demonstrative or electronic abuse, on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing. 

IV. Annual Review. The District’s administration shall review this Rule annually in conjunction with the annual review of District Rule 5400.6.
 

I. Dating Violence Prohibited. The District provides physically safe and emotionally secure environments for all students. Positive behaviors are encouraged in the educational program and are required of all students. Inappropriate behaviors, including but not limited to, dating violence, will not be tolerated and must be avoided by all students. 

II. Dating Violence Training. Strategies and practices will be implemented to reinforce positive behaviors and to discourage and protect others from inappropriate behaviors. Dating violence training, as defined by Neb. Rev. Stat.79-2,141(4,) shall be provided to staff deemed appropriate by the administration. Training shall include, but not be limited to, basic awareness of dating violence, warning signs of dating violence, and the District's dating violence policy. 

III. Dating Violence Information. The District shall inform the students' parents or legal guardians of the District's dating violence policy on an annual basis via the Student Handbook. If requested, the District shall also provide the parents or legal guardians a copy of the District's dating violence policy and other relevant information. 

IV. Definitions 

A. Dating Violence shall mean a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse, to control his or her dating partner. 

B. Dating Partner shall mean any person, regardless of gender, involved in an intimate relationship with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long term. 
 

I. General Statement. The District's disciplinary rules and procedures are designed to protect students' constitutional and statutory rights within the context of an orderly and effective educational process. Students will be excluded from school and/or school activities when their conduct interferes with an orderly and effective educational process.

II. Types of Exclusion and Disciplinary Action.

A. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in Rule 5400.6(IX)(G), on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with Rule 5400.6(II)(D)(1) through (4) as may be applicable.

B. Short-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

C. Emergency Exclusion. Immediate exclusion if:

1. The student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health and safety of the school community; or

2. The student's conduct presents a clear threat to the physical safety of himself, herself, or others; or

3. The student’s conduct is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

4. An emergency exclusion shall be based upon a clear factual situation warranting it and shall last no longer than is necessary to avoid the dangers necessitating the exclusion.

5. Emergency Exclusion for Five (5) Days or Less. The same procedures for short-term suspension shall be used for an emergency exclusion for five (5) days or less.

6. Emergency Exclusion for Over Five (5) Days. If the Superintendent or Superintendent’s designee determines that the exclusion will extend beyond five (5) days, the following procedural provisions must be followed:

a. Hearing/Final Determination. A hearing will be held and a final determination made within ten (10) school days after the initial date of exclusion.

b. Hearing Procedures. The hearing will be conducted in compliance with the disciplinary hearing procedures which are used for long-term suspension, expulsion and reassignment.

D. Long-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education for students suspended for ten (10) school days or more) for more than five (5) school days but less than twenty (20) school days If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

E. Expulsion. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education) for a period not to exceed the remainder of the semester in which it took effect with the following exceptions:

1. If the misconduct occurred within ten (10) school days prior to the end of the first semester, the expulsion shall remain in effect through the second semester; or

2. If the misconduct occurred within ten (10) school days prior to the end of the second semester, the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the annual review provision of Section II(D)(3)(d) below.

3. If the misconduct occurred prior to the last ten (10) school days of the first semester and the expulsion takes effect in the second semester because the recommendation for expulsion was appealed to a hearing examiner and/or to the Board or designated committee, the length of the expulsion shall not exceed the number of days it would have been in effect had the appeal not been made.

4. The time periods above do not apply to the following infractions which have the following periods of exclusion:

a. Firearms. Expulsion for one (1) year of any student who knowingly possesses, handles, transmits, uses, intimidates with, or threatens with any firearm, explosive, or destructive device as provided in Rule 5400.6 (II)(D)(1), on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. This subsection shall not apply to:

i. The issuance of firearms or the possession of firearms by members of the Reserve Officers Training Corps when training; or

ii. Firearms which lawfully are possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.

b. Dangerous Weapons. Students who use, intimidate with, threaten with, handle, transmit, possess on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, air soft gun, B.B. gun, or pellet gun, as provided in Rule 5400.6 (II)(D)(2), shall be excluded for twenty school (20) days and may be excluded for one (1) year.

c. Other Dangerous Weapons. Students who use or threaten with a knife, throwing star, brass knuckle, chemical substances, (including, but not limited to, mace, pepper guns, and bleach), and any other object that could be used to injure a person as provided in Rule 5400.6 (II)(D)(3), may be excluded for the remainder of the school year if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

d. Personal Injury. Students who knowingly and intentionally use force in causing or attempting to cause personal injury to a school employee, school volunteer, or student (unless caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person as hereafter provided) shall be excluded for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

e. Sexual Assault. Students who sexually assault or attempt to sexually assault any person on school grounds shall be excluded for one (1) year. Students who sexually assault or attempt to sexually assault any person off school grounds may be excluded for one (1) year, provided that a complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Sexual assault shall mean sexual assault in the first and second degree as defined in Neb. Rev. Stat. §§ 28-319 and 320 or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§ 28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Neb. Rev. Stat. § 79-267(9).

f. Annual Review. Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by a hearing examiner after the hearing examiner has given notice of the review to the student and to the student's parents or guardian. The review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to the hearing examiner recommendation that the student be re-admitted for the upcoming school year. If the Board (or Board Committee) took the final action to expel the student, the student may be re-admitted only by Board action. Otherwise, the student may be re- admitted by the Superintendent.

F. Mandatory Reassignment. Involuntary transfer to another school in the District.

G. Exclusion from School Grounds and Activities. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion, the student will be prohibited from being on school grounds (except the location designated for alternative education) and from participating in any District-sponsored 
extracurricular activities and from attending any extracurricular activities which take place on District property.

H. Other Disciplinary Action. Administrative and teaching personnel may take actions regarding student behavior which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, referral to restorative justice practices or services ,rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such 
counseling or evaluation.

III. Standards for Student Conduct (Rule 5400.6). In conjunction with the Student Discipline Act, the District shall adopt Standards for Student Conduct contained in Rule 5400.6 that will set forth student misconduct and the maximum sanction that the District shall impose. Rule 5400.6 shall be reviewed annually by the Board, and shall be distributed to students at the beginning of the school year or, in the case of student transfers, upon enrollment in the District.

IV. Effective Date of Exclusion. When a notice of intent to discipline a student by long- term suspension, expulsion, or mandatory reassignment is filed with the Superintendent, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of interference with an educational function or school purpose, or a personal injury to the student himself or herself, other students, school employees, or school volunteers.

V. Procedures for Exclusion. The District will adhere to the procedural requirements of 
federal and state law for the exclusion of students from school and school activities.

VI. Hearings. In cases involving emergency exclusion for more than five (5) school days, long-term suspension, expulsion, and mandatory reassignment, the student will have the right to a hearing to contest the exclusion. A Request for Hearing form will be provided to the student and the student's parents or guardian along with a description of the hearing procedures provided by the Student Discipline Act along with the procedures for appealing any decision rendered at the hearing.

VII. Formal Hearings and Appeal. If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory reassignment, the following
procedures shall be followed:

A. Written Charge and Summary of Evidence.

1.    The decision to recommend discipline shall be made within two (2) school days after learning of the alleged misconduct. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the Superintendent or designee.

2.    The principal shall, within two (2) school days of the decision, send written notice by registered or certified mail or by personal delivery to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act.

B.    Written Notice.  Written notice must include the violation and summary of evidence; the recommended penalty; the right to a hearing; the hearing procedure; a statement that the principal, legal counsel for the school, the student, the student’s parent or the student’s representative or guardian shall have a right to examine the student’s academic and disciplinary records and any affidavits to be used at the hearing, plus the right to know the identity of the witnesses to appear at the hearing and the substance of their testimony; and that if the student is suspended pending the outcome of a hearing, the student will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension as provided in Rule 5400.5(III) and Rule 6235.1.  A form on which the student, the student’s parent, or the student’s guardian may request a hearing must accompany the written notice, including the address where the hearing request form is to be delivered in person or by registered or certified mail.

C.    Suspension until Hearing.  When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the Superintendent or designee, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of interference with an educational function or school purpose, or a personal injury to the student himself or herself, other students, school employees, or school volunteers:

D.    Procedures if a Hearing is not Requested.  If a hearing is not requested by the student or the student’s parent or guardian within five (5) school days following receipt of written notice, the punishment recommended in the charge by the principal or his/her designee will automatically go into effect upon the fifth (5th) school day following receipt of the written notice by the student or his/her parent or guardian.

E.    Procedures if a Hearing is Requested.

1.    Request for Hearing.  A hearing must be requested within five (5) school days after receipt of the written notice.

a.    Request of Hearing Beyond Five Days.  If a hearing is requested more than five (5) school days but not more than thirty (30) calendar days following the actual receipt of the written notice, the hearing examiner shall be appointed and the hearing shall be held pursuant to the requirements of this Rule, but the imposed punishment shall continue in effect pending final determination.

2.    Appointment of Hearing Examiner.  If a hearing is requested the Superintendent shall within two (2) school days after receipt of the hearing request recommend appointment of a hearing examiner. The student or the student’s parent or guardian may request designation of a hearing examiner other than the hearing examiner recommended by the Superintendent if notice of the request is given to the Superintendent within two (2) school days after receipt of the Superintendent’s recommended appointment. Upon receiving such request, the Superintendent shall provide one (1) alternative hearing examiner who is not an employee of the District or otherwise currently under contract with the District and whose impartiality may not otherwise be reasonably questioned. The Superintendent may also provide an additional list of hearing examiners that may include hearing examiners employed by or under contract with the District. The student or the student’s parent or guardian shall, within five (5) school days, select a hearing examiner to conduct the hearing who was recommended, provided as an alternative hearing examiner, or included on an additional list, if any, and shall notify the Superintendent in writing of the selection. The Superintendent shall appoint the selected hearing examiner upon receipt of such notice. Individuals whose impartiality may be reasonably questioned shall include, but not be limited to, individuals who have a personal bias or prejudice concerning a party, have personal knowledge of evidentiary facts concerning the proceeding, have served as legal counsel to the District, or have a spouse who is an employee of or is under contract with the District.

3.    The hearing examiner shall be any person designated pursuant to Section VII(E)(2) above, if such person has not brought the charges against the student, shall not be a witness at the hearing, and has no involvement with the charge.

4.    Notice of Time and Place for Hearing.  Within two (2) school days after being appointed, the hearing examiner shall give written notice to the principal, the student, and the student’s parent or guardian of the time and place for the hearing.

a.    The hearing shall be held within a period of five (5) school days after appointment of the hearing examiner, but such time may be changed by the hearing examiner for good cause with consent of the parties.

b.    No hearing shall be held upon less than two (2) school days actual notice to the principal, the student, and the student’s parent or guardian, except with the consent of all the parties.

5.    Right to Examine Records and Statements.  The principal or legal counsel for the District, the student, and student’s parent or guardian, or representative, shall have the right to receive a copy of all records, affidavits and written statements referred to Section VII (B) of this Rule, and the statement of any witness in the possession of the principal no later than forty-eight (48) hours prior to the hearing.

F.    Hearing Procedures.

1.    Required Attendance at Hearing.  The hearing examiner, student, student’s parent or guardian, the student’s representative, if any, and legal counsel for the principal or District, if any, shall attend the hearing.

2.    Witnesses.  Witnesses shall be present only when they are giving information at the hearing.  The student, the student’s parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing.  Such testimony shall be under oath, and the hearing examiner shall be authorized to administer the oath.  The hearing examiner, upon proper advance request, shall make reasonable effort to assist the student or the student’s parent, guardian, or representative in obtaining the attendance of the witnesses. The District shall make available those witnesses who have knowledge of or were involved in the alleged misconduct and subsequent discipline of the student, if such witnesses are requested by the student, the student’s parent, guardian, or representative, and such witnesses are employees or under contract with the District.

a.    Cross-Examination.  The student, the student’s parent, guardian, or representative, the principal, the principal’s or the District’s legal counsel, and the hearing examiner shall have the right to question any witness giving information at the hearing.

b.    Immunity.  Any person giving evidence by written statement or in person at a hearing shall be given the same immunity from liability as a person testifying in a court case.

3.    Student Testimony.  The student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in such case, shall not be threatened with punishment nor be later punished for refusal to testify.

4.    Individuals may be Excluded from the Hearing.  The student may be excluded from the hearing in the discretion of the hearing examiner at times when the student’s psychological evaluation or emotional problems are being discussed.  The hearing examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing.

5.    Evidence on the Student’s Conduct and Records.  The principal may present to the hearing examiner statements, in affidavit form, of any person having information about the student’s conduct and the student’s records, provided that such statements and records have been provided to the student or the student’s parent, guardian, or representative at least forty-eight (48) hours prior to the hearing.  The information contained in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent or guardian, or representative, upon request, by appropriate District personnel.

6.    Rules of Evidence.  In conducting the hearing, the hearing examiner shall not be bound by the rules of evidence or any other rule of courtroom procedure.

7.    Proceedings Recorded.  The proceedings of the hearing shall be recorded at the expense of the District.

8.    Joint Hearings.  A joint hearing may be conducted when more than one (1) student is charged with violating the same rule and acted in concert, and the facts are substantially the same for all such students.

a.    Discretion of Hearing Examiner.  A joint hearing may be conducted if the hearing examiner believes that a joint hearing is not likely to result in confusion and no student shall have his or her interests substantially prejudiced by a single hearing.

b.    Order for Separate Hearing.  If during the conduct of the hearing the hearing examiner finds that a student’s interests will be substantially prejudiced by a joint hearing or that the hearing is resulting in confusion, the hearing examiner may order a separate hearing for any student.

G.    Post-Hearing Report.  After the hearing, a report shall be made by the hearing examiner to the Superintendent or designee and to the student or the student’s parent or guardian within ten (10) calendar days after the hearing.  The report shall contain the hearing examiner’s findings and recommendation of the action to be taken, and the report shall explain in terms of the needs of both the student and the District, the reasons for the particular action recommended.

1.    Range of Recommendations.  The recommendation by the hearing examiner may range from no action, through the entire field of counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative education placement.

2.    Review by Superintendent or Designee.  A review of the hearing examiner’s report shall be made by the Superintendent or designee.  The Superintendent or designee may change, revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction more severe than that recommended by the hearing examiner. The Superintendent or designee shall notify the student or the student’s parent or guardian of such determination within five (5) school days after receipt of the hearing examiner’s report.

3.    Decisions Based on Evidence.  The findings and recommendations of the hearing examiner, the determination by the Superintendent, and any determination on appeal to the Board, shall be made solely on the basis of the evidence presented at the hearing or, in addition, on any evidence presented on appeal.

H.    Final Disposition.  Written notice of the findings and recommendations of the hearing examiner and the determination of the Superintendent or designee shall be made by certified or registered mail or by personal delivery to the student or the student’s parent or guardian.  Upon receipt of such written notice by the student, parent, or guardian, the determination of the Superintendent or designee shall take immediate effect, unless the student or the student’s parent or guardian appeals the written notice of determination by the Superintendent or designee, pursuant to Section VIII below.

VIII.    Request for Appeal to the Board.  The student or the student’s parent or guardian may, within seven (7) school days following receipt of the Superintendent’s written notice of the determination, appeal the determination to the Board by a written request which shall be filed with the secretary of the Board or with the Superintendent. 

A.    Appeal Hearing.

1.    When.  A hearing shall be held before the Board within a period of ten (10) school days after it is requested, and such time for a hearing may be changed by mutual agreement of the student and Superintendent.

2.      Deliberating Body.  The hearing may be held before a committee of the Board of not less than three (3) members. 

3.    Appeal Proceedings.  Such appeal shall be made on the record, except that new evidence may be admitted to avoid a substantial threat of unfairness. Any such new evidence shall be recorded at the expense of the District. The Board or designated committee shall allow oral arguments, and the length of such oral arguments may be limited.

4.    Deliberation.  After examining the record, taking new evidence, if any, and hearing oral arguments, the Board or designated committee may withdraw to deliberate privately upon such record and new evidence.

a.    Limitations.  Any such deliberation shall be held in the presence only of Board members in attendance at the appeal proceeding but may be held in the presence of legal counsel who has not previously acted as the designee of the principal in presenting the school’s case before the hearing examiner. 

b.    Questions during Deliberation.  If any questions arise during such deliberations which require additional evidence, or information, the deliberating body may reopen the hearing to receive such evidence, or information, subject to the right of all parties to be present. 

5.    Action on Appeal.  The deliberating body may alter the Superintendent’s disposition of the case if it finds the decision to be too severe but may not impose a more severe sanction.

6.    Dispatch of Final Action.  The final action of the deliberating body shall be taken within three (3) calendar days after the hearing and shall be evidenced by personally delivering or mailing by certified mail a copy of the deliberating body’s decision to the student and his or her parent or guardian within three (3) calendar days after the final action.

B.    Judicial Review.  Any person aggrieved by a final decision in a contested case under this Rule, whether such decision is affirmative or negative in form, shall be entitled to judicial review.  Nothing in the Rule shall be deemed to prevent resort to other means of review, redress, or relief provided by law.

IX.    Settlement.  Nothing in this Rule shall preclude the student, the student's parents, guardian, or                      representative from discussing and settling disciplinary proceedings with appropriate school personnel prior to the time the long-term suspension, expulsion, or mandatory reassignment takes effect.

X.    Reporting of Criminal Acts to Law Enforcement Agencies.  The school principal or principal’s designee shall notify as soon as possible the appropriate law enforcement authorities of any student act which the principal or principal’s designee knows or suspects is in violation of the Nebraska Criminal Code. 

XI.    Annual Report to State Department of Education.  The Superintendent or Superintendent’s designee shall   annually provide to the State Department of Education:

A.    An assurance that the District has in effect the expulsion policy for bringing a firearm to school required by state law; and

B.    A report, in a manner prescribed by the State Department of Education, which describes the circumstances surrounding any expulsion for possessing, using or transmitting a firearm on school grounds or in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or designee, or at a school-sponsored activity or athletic event, including the name of the school concerned, the number of students expelled from the school, the types of weapons concerned, and the types of programs to which students have been assigned.

I. General Statement. The suspension and expulsion of students with disabilities for disciplinary purposes shall be in accordance with District procedures and state and federal law.

II. Students with Disabilities.

A. Students with disabilities are those students who have been verified by a multidisciplinary team as having autism, behavior disorders, deaf-blindness, developmental delay, hearing impairments (including deafness), intellectual disabilities, multiple impairments, orthopedic impairments, other health impairments, specific learning disabilities, speech-language impairments, traumatic brain injury, or visual impairments (including blindness), and who because of these impairments need special education and related services.

B. Students who have not been determined to be eligible for special education and related services and who have engaged in behavior that violates any rule or code of conduct of the District, may, as hereinafter provided in Section VI of this Rule, assert any of the protections provided for students with disabilities under Section III of this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

III. Suspension, Expulsion and Emergency Exclusion Of Students With Disabilities.

A. Suspension For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for ten (10) consecutive school days or less, and even if the student’s misconduct is a manifestation of the student’s disability.

1. Services shall not be provided to a student with a disability who has been suspended for ten (10) school days or less in the school year if services are not provided to a student without disabilities who has been similarly suspended. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

2. A suspension of five (5) school days or less shall follow the procedures for a short term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but for not more than ten (10) school days, shall follow the procedures for a long term suspension set forth in District Rule 5400.1.

B. Additional Suspensions For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be subjected to additional suspensions for ten (10) consecutive school days or less in the same school year for separate incidents of misconduct, and even if the student’s misconduct is a manifestation of the student’s disability, just as long as the suspensions do not constitute a pattern of suspensions.

1. Suspensions may constitute a pattern of suspensions if a student is subjected to a series of suspensions that cumulate to more than ten (10) school days in a school year, the
student’s behavior is substantially similar to the student’s behavior in previous incidents
that resulted in a series of suspensions, and because of additional factors such as the length of each suspension, the total amount of time the student is suspended, and the proximity of the suspensions to each other.

2. The student’s IEP Team shall determine whether a pattern of suspensions exists.

3. If the IEP Team determines that a pattern of suspensions does not exist, then the student may be subjected to additional suspensions.

4. If the IEP Team determines that a pattern of suspensions does exist, then the student may not be subjected to additional suspensions unless:

a. The student’s IEP Team determines for each additional suspension that the student’s misconduct was not a manifestation of the student’s disability; and

b. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

c. If the student’s IEP Team determines for any additional suspension that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be subjected to the additional suspension.

5. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the District shall provide special education services during any subsequent suspensions to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations
missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

C. Suspension For More Than Ten (10) Days. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for more than ten (10) school days and for less than twenty (20) school days, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for a long term suspension set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. If the student’s IEP Team determines that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be suspended for more than ten (10) school days.

5. The District shall provide special education services during a suspension for more than ten (10) school days to the extent required Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. Either before or not later than ten (10) school days after implementing a suspension for more than ten (10) school days, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

D. Expulsion. To the extent that expulsion would be applied to a student without disabilities, a student with disabilities may be expelled, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for an expulsion set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. The District shall provide special education services during the expulsion to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes, or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade- appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6)
regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

5. Either before or not later than ten (10) school days after implementing an expulsion, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

E. Emergency Exclusion. A student with disabilities may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1

F. Change Of Placement Procedures. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspension is determined to exist in accordance with Section III (B) (4) above, then the procedures required for a change in placement must be complied with before the suspension or expulsion, including:

1. Written notification to the parents, in accordance with Title 92, Nebraska Administrative Code, Chapter 51-009.05B, of the intended suspension or expulsion; and

2. Providing the parents with a copy of the District’s Parental Rights In Special Education booklet.

IV. Placement in Alternative Educational Settings for Disciplinary Reasons.

A. The District may order a change in the placement of a student with a disability:

1. To an appropriate interim alternative educational setting or another setting for not more
than ten (10) school days, to the extent such alternatives would be applied to students
without disabilities; or

2. To an appropriate interim alternative educational setting for the same amount of time
that a student without a disability would be subject to discipline, but not for more than forty- five (45) school days, without regard to whether the behavior is determined to be a manifestation of the student’s disability, if:

a. The student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency;

b. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of the State or a local educational agency; or

c. The student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.

B. The interim alternative educational setting shall be determined by the student’s IEP Team.

C. Any interim alternative educational setting in which a student is placed shall:

1. Be selected so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in that IEP; and

2. Include services and modifications designed to address the behavior so that it does not recur.

D. Either before or not later than ten (10) school days after taking a disciplinary action described in Sections III (B), III (C), III (D), or IV (A) (2):

1. If the District did not conduct a functional behavioral assessment and implement a behavioral intervention plan for the student before the behavior that resulted in the disciplinary action, the District shall convene an IEP Team meeting to conduct a functional behavioral assessment and implement a behavioral intervention plan to address that behavior, or

2. If the student already has a behavioral intervention plan, then the IEP Team shall review the plan and modify it, as necessary, to address the behavior.

3. If a student with a disability is suspended for ten (10) school days or less in a given school year and no further suspension or disciplinary action is contemplated, then the functional behavioral assessment need not be conducted.

V. Manifestation Determination Process.

A. Manifestation Determination Review. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspensions is determined to exist in accordance with Section III (B) (4) above, then not later than the date on which the decision to take such disciplinary action is made, the parents shall be notified of such disciplinary decision and of all procedural safeguards, and immediately if possible, but in no case later than ten (10) school days after the date on which the decision to take disciplinary action is made, a review shall be conducted of the relationship between the student's disability and the behavior which is subject to the disciplinary action.

1. The manifestation determination review shall be conducted by the District, parent, and relevant members of the student’s IEP Team (as determined by the parent and the District), and shall consist of a review of all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parent to determine:

a. If the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or

b. If the conduct in question was the direct result of the District’s failure to implement the student’s IEP.

2. If it is determined that either Section V(A)(1)(a) or (b) is applicable, then the conduct shall be determined to be a manifestation of the student’s disability and the IEP Team must:

a. Either conduct a functional behavioral assessment and implement a behavioral intervention plan or, if such a plan already exists, review and modify it as necessary so as to address the behavior; and

b. Except as provided in Section IV (A)(2) above, return the student to the placement from which the student was removed, unless the parent and District agree to a change of placement as part of a modification of the behavioral intervention plan.

3. Determination That Behavior Was Not A Manifestation Of Disability.

a. If as a result of the manifestation determination review, the behavior of the student with a disability was not a manifestation of the student's disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities, except that a free appropriate public education must be available. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

b. If the District initiates disciplinary procedures applicable to all students, then the District shall ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

c. If a parent requests a hearing to challenge the manifestation determination that the behavior of the student was not a manifestation of the student’s disability, the stay-put provision of Title 92, Nebraska Administrative Code, Chapter 55 applies.

B. Parent Appeal. If the student's parent disagrees with a determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement, the parent may request a due process hearing under Title 92, Nebraska Administrative Code, Chapter 55.

C. Manifestation Determination Review Not Required. If the student with disabilities is suspended for ten (10) school days or less in a given school year and no further disciplinary action is contemplated, then a manifestation determination review need not be conducted.

VI. Protections For Students Not Yet Eligible For Special Education And Related Services.

A. A student who has not yet been determined to be eligible for special education and related services and who has engaged in behavior that violated any rule or code of conduct of the District, may assert any of the protections provided for students with disabilities in this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

B. The District shall be deemed to have knowledge that a student is a student with a disability if:

1. The parent of the student has expressed concern in writing to supervisory or administrative personnel of the District, or to a teacher of the student, that the student is in need of special education and related services;

2. The parent of the student has requested an evaluation of the student pursuant to Title 92,
Nebraska Administrative Code, Chapter 51-006.02B; or

3. The teacher of the student, or other personnel of the District, have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the District's Director of Special Education or to other supervisory personnel of the District.

C. The District will not be deemed to have knowledge that a student is a student with a disability if,

1. The student has been evaluated pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006 and was determined not to be a student with a disability under Title 92, Nebraska Administrative Code, Chapter 51; or

2. The parent of the student has not allowed an evaluation of the student pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006, or the parent has refused services under Title 92, Nebraska Administrative Code, Chapter 51.

D. If the District does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, then the student may be subjected to the same disciplinary measures applied to students without disabilities who engage in comparable behaviors, subject to the following:

1. If a request is made for an evaluation of a student during the time period during which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.

2. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

3. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the District and information provided by the parents, the District shall provide special education and related services in accordance with the provisions of Title 92, Nebraska Administrative Code, Chapter 51. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more.

4. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska
accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

I. General Statement. Suspension and expulsion of eligible disabled students under Section 504 of the Rehabilitation Act of 1973 shall comply with District procedures and federal and state statutes, regulations, and rules. 

II. Eligible Disabled Students. 

An eligible disabled student is any student between the ages of five (5) and twenty-one (21) who has not graduated, and who has been determined by a Building 504 Team to qualify as disabled under Section 504, and for whom the District has made available an accommodation plan. 

III. Expulsion. 

A. Expulsion defined. For the purposes of this Rule, any exclusion from school for more than ten (10) school days at one time shall be deemed an expulsion from school and a significant change in placement. 

B. Building 504 Team manifestation determination. Before a disabled student is expelled from school, the student's Building 504 Team will convene to determine whether the student's misconduct was a manifestation of the student's disability. 

C. Manifestation determination. In carrying out a manifestation determination, the Building 504 Team may determine that the misconduct of the student was not a manifestation of the student’s disability only if: 

1. The Building 504 Team first considers, in terms of the misconduct which is the subject of the disciplinary action, all relevant information in the student’s file, any teacher observations, any relevant information supplied by the parents of the student, and the student’s accommodation plan and placement. 

2. The Building 504 Team then determines if the conduct in question was caused by or had a direct and substantial relationship to the student’s disability or if the conduct in question was the direct result of the District’s failure to implement the student’s 504 Plan. 

3. If the Building 504 Team determines that any of the standards in the immediately preceding Section III (C) (2) were not met, then the misconduct must be considered a manifestation of the student’s disability. 

D. Behavior not a manifestation of the disability. If the Building 504 Team determines that the misconduct is not a manifestation of the student’s disability, then the student may be excluded from school pursuant to the procedures set forth herein and in District Rule 5400.1. If a student is excluded pursuant to District Rule 5400.1, then the student shall be eligible for academic credit upon successful participation in and completion of District alternative school, classes, or programs pursuant to District Rule 5400.5. When a student so participates in District alternative school, classes, or programs pursuant to District Rule 5400.5, the student’s Building 504 Team shall convene to consider appropriate changes to the student’s 504 Plan. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

E. Behavior which is a manifestation of the disability. If the Building 504 Team determines that the misconduct is a manifestation of the student's disability, then the student may not be excluded for more than ten (10) school days. The Building 504 Team will determine whether the student's current educational placement and related aids and services contained in the student's current 504 Plan are appropriate. If deemed inappropriate, then changes to the 504 Plan will be considered by the Building 504 Team. 

F. Expulsion procedures. When a disabled student is excluded from school for more than ten (10) school days, the student and the student's parent are entitled to Section 504's procedural rights including an opportunity for the examination of records, an impartial hearing (with participation of parents and opportunity for counsel), and review by an independent reviewer. In those cases where parents disagree with the manifestation determination, or with the subsequent placement and related aids and services decisions (in those cases where the misconduct is determined to be a manifestation of the disability), they may then request an informal conference or due process hearing as set forth in Sections VII through XI below. 

G. District Alternative Education Program. Expelled disabled students will have available District alternative education pursuant to District Rule 5400.5. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

IV. Drugs and Alcohol. 

The District shall take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use or possession of drugs or in the use or possession of alcohol, to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. The procedural safeguards provided in 34 C.F.R. § 104.36 and in Section III (F) above and Sections VII through XI below, shall not apply to such disciplinary actions. 

V. Suspension. 

A. Behavior which is a manifestation of the disability. A student may be suspended from school for ten (10) school days or less, even if the student's misconduct is a manifestation of the student's disability. 

B. Suspension not a change in placement. A suspension of ten (10) school days or less at one time does not constitute a change of placement; however, if a student is suspended for more than ten (10) cumulative school days during the school year, then the Building 504 Team shall convene for each subsequent suspension to review and determine the appropriateness of the student's 504 Plan. 

C. Suspension conditions and procedures. A suspension of five (5) school days or less shall follow the conditions and procedures for a short-term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but not more than ten (10) school days, shall follow the conditions and procedures for a long-term suspension set forth in District Rule 5400.1. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. 

VI. Emergency Exclusion. 

A disabled student may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1. 

VII. Informal Conference. 

Parents and students of majority age may file with the school principal a written request for an informal conference to discuss suspension, expulsion, or the manifestation determination. Within ten (10) school days of the receipt of the request, the principal will convene an informal conference team consisting of the parents, school administrators, and the student's Building 504 Team to attempt to resolve any disagreements. 

VIII. Preliminary Procedures for Formal Hearings. 

A. The following rules apply for formal hearings: 

1. The student's parents must file a written request with the District's Director of Student Services for a formal due process hearing with respect to the suspension or expulsion of their child, or the manifestation determination. The written request must include an explanation of the parents' concern related to the suspension, expulsion, or manifestation determination. 

2. If a formal hearing is requested, the Director of Student Services will appoint an impartial hearing officer. The hearing officer shall not be a witness at the hearing, must have no involvement in the case, must not be a District employee, and must be available to answer any questions relative to the hearing. The District, however, may pay the hearing officer as an independent contractor. 

3. The hearing must be held within twenty (20) school days after a parent's initial request for a hearing, but cannot be held without providing the principal and the student's parents at least five (5) school days prior notice. 

4. The student's parents or representative shall have the right to examine the records and written statements (including the statements of any witnesses for the District) at a reasonable time prior to the hearing. 

5. The hearing officer will also be available preceding the hearing to answer questions concerning the nature and conduct of the hearing. 

IX. The following rules apply when a formal hearing is conducted: 

A. The following shall attend the hearing: the hearing officer, the principal (or designee), the student's parents, and the student's representative (if any). The principal and Board may also have counsel present. 

B. Witnesses may be present only when giving information at the hearing. 

C. The hearing shall be closed to the public. The decision shall be treated as a record of the student, and will not be made available to the public. 

D. The student may be present if requested by the parents; however, the hearing officer may exclude the student at times when the student's psychological evaluation or emotional problems are being discussed. 

E. The principal shall present statements, in affidavit form, to the hearing officer of anyone having information pertinent to the case only if the affidavits have been made available to the student's parents or representative prior to the hearing. 

F. The hearing officer is not bound by the rules of evidence or other rules of courtroom procedure. 

G. The following persons may ask persons to testify at the hearing: the student; the student's parents or representative; the principal (or designee); and the hearing officer. The principal, District, and legal counsel for the District shall not be required to obtain or to assist in obtaining the attendance of any witness desired by the student, or the student’s parent or representative. 

H. The persons listed in the preceding paragraph shall have the right to question any witness giving information at the hearing. 

I. The testimony shall be under oath and the hearing officer shall administer the oath. 

J. Any person giving testimony is given the same immunity from liability as a person testifying in a court case. 

K. The hearing shall be recorded at District expense. 

X. Decision of the Hearing Officer. 

A. The decision of the hearing officer shall conform with the following: 

1. It shall be issued within ten (10) school days after the hearing. It will contain findings of fact, a decision of the action(s) to be taken, and the reasons therefor. The decision will be based solely upon the evidence presented at the hearing. 

2. Written notice of the decision of the hearing officer shall be sent by the Director of Student Services, by registered or certified mail, or by personal delivery, to the student’s parents. 

B. Upon receipt of the written notice, the hearing officer’s decision shall take effect. 

XI. Review Procedure. 

A. Either the complainant or the school may appeal the decision of the hearing officer to an independent reviewer appointed by the Director of Student Services. The independent reviewer must not be a witness at the hearing, must have no involvement in the case, and must be available to answer any questions relative to the hearing. The independent reviewer cannot be an employee of, or under contract with the District. Payment to the independent reviewer for his/her services does not make the reviewer an employee of, or under contract with the District. 

B. A written request for appeal must be filed with the Director of Student Services within five (5) days of the receipt of the written notice of the decision of the hearing officer. A request for appeal must be based on an alleged error of fact or law, and the written request must explain the reasons for the appeal and the alleged error of fact or law. 

C. The non-appealing party may file a written response with the independent reviewer within five (5) school days of that party’s receipt of the written request for appeal. 

D. The independent reviewer shall hold a hearing within twenty (20) school days of the filing of the written request for appeal, but such hearing cannot be held without providing all parties with at least five (5) school days notice. The proceedings of the hearing shall be limited to the presentation of oral arguments regarding the alleged errors of fact or law. The independent reviewer is not bound by the rules of evidence or other rules of courtroom procedure. 

E. The independent reviewer will complete the review and issue a written decision within ten (10) school days of the hearing. The independent reviewer has the authority to revise the findings and decision of the hearing officer and the decision of the independent reviewer will be final.

I. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student's participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

II. Ineligibility During Short and Long-term Suspension, Expulsion, or Emergency Exclusion: Misconduct On School Grounds or Under District Control.

A. Period of Ineligibility. During any time period that a student is excluded from school due to short- term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion, and will also be prohibited from attending any District sponsored extracurricular events during the period of exclusion from school, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

B. Effective Following Semester If Necessary. The ineligibility period shall remain in effect during the following semester (including the following academic school year) if there are insufficient school days in the semester to complete the ineligibility period.

C. Summer. Curtailment of extracurricular activities may occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

III. Additional Ineligibility: Misconduct Off School Grounds

A. Period of Ineligibility for Conduct off School Grounds. The prohibited conduct contained in Rule 5400.6 shall subject the student to the periods of ineligibility for extracurricular activities defined in Rule 5400.6 for conduct occurring off school grounds and not at a school event during the academic school year:

B. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

C. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

IV. Procedure. If a student is not being subjected to short-term suspension, long-term suspension, emergency exclusion, mandatory reassignment, or expulsion, but is having his/her participation in extracurricular activities curtailed for disciplinary reasons, the following procedures will be followed:

A. The principal or principal's designee shall make an investigation of the misconduct.

B. The principal or principal's designee may curtail or prohibit participation in an extracurricular activity after the principal or principal's designee determines that it is necessary to aid the student, further school purposes, or prevent interference with the educational process.

C. Prior to the curtailment, the student will be given oral or written notice by the principal or principal's designee of the charges, an explanation of the evidence against the student, and an opportunity to present the student's version.

D. Within twenty-four (24) hours or such additional time as is reasonably necessary following the decision to impose curtailment, the principal or principal's designee will send a written statement to the student and the student's parent or guardian describing:

1. The student's conduct; and

2. The reasons for the action taken.

V. Effective Date: Misconduct Off School Grounds. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal's designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision, or citation.

VI. Appeal: Misconduct Off School Grounds.

A. Curtailment for Ten (10) School Days or Less. If the student's curtailment of extracurricular activities is ten (10) school days or less, there will be no right to an appeal.

B. Curtailment for More than Ten (10) School Days. Any student whose curtailment of extracurricular activities exceeds ten (10) school days may appeal the decision to the Superintendent or Superintendent's designee by complying with the following procedures:

1. Within five (5) school days of the date of the receipt of the written decision to curtail participation in extracurricular activities, the student, or the student's parent or guardian, shall submit in writing to the Superintendent or Superintendent's designee:

a. A request to have the decision reviewed; and

b. The reason(s) for the request.

2. Any supporting evidence for the student's appeal shall be submitted in affidavit form with the written request for review. The evidence may include evidence that the student did not give to the principal or principal's designee when the student was given oral or written notice of the charges.

3. The Superintendent's or the Superintendent's designee's written disposition of the appeal will be mailed to the student, or the student's parent or guardian, within five (5) school days of the Superintendent's or Superintendent's designee's receipt of the appeal. If the request for review is not submitted to the Superintendent or Superintendent's designee in a timely fashion, the appeal shall be considered waived unless the student, or student's parent or guardian, are able to show that exigent circumstances prevented the timely submission of the appeal. The Superintendent or Superintendent's designee may change, revoke, or impose the sanction recommended by the principal or principal's designee. The Superintendent or the Superintendent's designee, however, cannot impose a sanction more severe than that recommended by the principal or principal's designee.

VII. Adoption of Rules by Athletic Teams, Clubs, and all Other Organizations Sponsored or Associated With the District. This Rule and Rule 5400.6 shall be adopted and enforced by all District teams, clubs, and organizations, which make up the District's extracurricular activities. If any District team, club, organization, or other extracurricular activity has written rules or regulations, this Rule and Rule 5400.6 (VIII) will be incorporated into such rules or regulations. Coaches and staff in charge of District extracurricular activities may adopt such other rules and regulations as are necessary to maintain discipline and order.

VIII. Commutation. Penalties assigned under this Rule may be reduced by the Superintendent or Superintendent's designee upon the successful completion of counseling, community service, or other alternative to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternative to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternative to curtailment shall be borne by the student or the student's parent(s) or guardian(s).

IX Definitions.

A. "Academic school year" shall mean the time students are in school during the dates and times that are set by the school calendar adopted by the Board, including summer school.

B. "Extracurricular activities" shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum.

C. "Ineligibility period" shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities.

D. "On school grounds" shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct.

E. "School day" shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year.

I.    Expelled Students.  Students expelled from the District will be eligible for academic credit upon successful participation in and completion of District alternative courses or programs and/or credits earned from any Nebraska accredited institution or other accredited institution.

A.    District Alternative School, Classes, or Programs Available to Expelled Students.  

1.    Notice.  All students expelled from the District will be advised in writing of the availability of District alternative courses or programs.  

2.    District Alternative Education.  The District alternative education available to District students who are expelled will consist of the following:

a.    High School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

b.    Middle School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

c.    Elementary School:  A District program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student. 

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise expelled District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the expulsion period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the District alternative school attended. 

4.    Refusal to Participate.  If a parent or guardian refuses to permit an expelled student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.  

1.    If an expelled student successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.  

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.    

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

C.    Right to a Due Process Hearing.  If an expelled student enrolled in a District alternative school, class, or program fails to meet any of the conditions, rules, regulations, or requirements of the learning program, the District may, without further obligation, terminate the program for such student after a due process hearing; no due process hearing will be required, however, if waived by the parent or guardian.

1.    Nature of Due Process Hearing.  If an expelled student's District alternative school, class, or program under this Rule is terminated by the District, the student will be afforded a due process hearing.  The hearing will be the same or substantially similar to hearings afforded students expelled from the District.  Information regarding such hearing may be obtained from the District’s Director of Student Services. 

D.    Credits Earned from Nebraska or other Accredited Institutions.

1.    Students expelled from the District are not required to attend or participate in the District’s alternative courses or programs. For such students only, the District will accept at the conclusion of the expulsion and reinstatement of the student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States.

II.    Student Suspended Ten (10) School Days or More.  Students suspended from the District for ten (10) school days or more will be eligible to participate in the District’s alternative education program.

A.    District Alternative School, Classes, or Programs Available to Students Suspended Ten School Days or More.

1.    Notice.  All students suspended from the District for ten (10) school days or more will be advised in writing of the availability of District alternative courses or programs.

2.    District Alternative Education.  The District alternative education available to District students who are suspended for ten (10) school days or more will consist of the following:

a.    High School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

b.    Middle School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

c.    Elementary School:  A program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student.

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise suspended District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the suspension period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the alternative school attended.

4.    Refusal to Participate.  If a parent or guardian refuses to permit a suspended student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.

1.    If a student suspended for ten (10) school days or more successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

III.    Suspended Students and Make Up Work.

A.    Students suspended from the District will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Policy 6235 and District Rule 6235.1.

B.    Suspended students will not be required to attend the District’s alternative education program in order to complete such make up work.

C.    This opportunity to complete such make up work applies to all students suspended from the District, including students suspended ten (10) school days or more and who choose not to participate in the District’s alternative education program.

IV.    Transportation.  Students participating in the District’s alternative education courses or programs shall not be provided transportation to the District alternative education site unless compelling reasons exist for the administration to arrange otherwise.  Such determination shall be made by and at the sole discretion of the Superintendent or designee.

V.    Definitions.  

A.    "District Alternative Schools, Classes, or Programs" shall mean that special category of District schools, classes, or programs required by law to be provided exclusively for expelled students.

B.    "Learning Program" shall mean a general District program or plan for all expelled students and students suspended for ten (10) school days or more, or an individualized program adapted from a generally offered District program, or an individualized program developed by the school and/or designated staff member to assist an expelled student or a student suspended for ten (10) school days or more in achieving District credit toward graduation.   

I. Introduction. 

A. Policy Statement. Every District student has the right to an education. The following Standards have been instituted to ensure that right within the context of an orderly and effective educational process. Each student and their parents are required, on their own, to become familiar with these Standards, and to help provide an atmosphere conducive to learning. 

B. Grounds for Exclusion. A student may be excluded from school if there is reasonable information that the student has committed a prohibited act listed below while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

C. Exclusion from School Grounds and Activities. A student who is excluded from school for a suspension, expulsion, or emergency exclusion shall not enter upon District property, or ride in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or participate in or attend a school-sponsored activity or athletic event. Expelled students and students suspended for ten (10) school days or more may enter upon District property for the sole purpose of attending alternative education at a location and time designated by the Director of Student Services. 

D. Length of Expulsions. Unless specified otherwise within these Standards, the expulsion of a student shall be for the remainder of the semester in which it took effect unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or within ten (10) school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year. Neb. Rev. Stat. §79-283(2). 

E. Length of Suspension. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

F. Contact of Legal Authorities. The principal of a school or the principal’s designee shall notify as soon as possible the appropriate law enforcement authorities, of the county or city in which the school is located, of any act of a student described in Neb. Rev. Stat. §§79-267 which the principal or designee knows or suspects is a violation of the Nebraska Criminal Code. Neb. Rev. Stat. §79-262(1) and 293(1). 

G. Sanction to be Followed. If minimum and maximum sanctions are not specified for a specific prohibited act, the specified sanction shall be imposed. 

H. Expulsion as Sanction. Expulsion is specified as a sanction for particular conduct because the District’s Board of Education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or other persons, or to otherwise seriously interfere with the educational process. Neb. Rev. Stat. §79-262(1). 

I. Students with Disabilities. Disciplinary procedures for students who have disabilities as defined by the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 shall be subject to the disciplinary procedures set forth in District Rules 5400.2 and 5400.3 and applicable federal and state law. 

J. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in subsection IX (G) of this Rule, on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with subsections II(D)(1) through (4) of this Rule as may be applicable. Neb. Rev. Stat. § 28-109(7), Neb. Rev. Stat. § 79-265.01. 

K. Mandatory Compliance. Students and their parent(s) or guardian(s) are hereby notified that compliance with the District’s Standards for Student Conduct is mandatory. It is the responsibility of all students and their parent(s) or guardian(s) to become familiar with these Standards. 

II. Violations Against Persons. 

A. Use of Violence. Use of violence, force, coercion, threat, intimidation or similar conduct in a manner that constitutes a substantial interference with school purposes. 

1. Pushing, Shoving, Aggressive, or other Physical Contact Related to Non-injurious Behaviors. 

a. Maximum Sanction. Short-term suspension. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

2. Fighting. Mutual attempt to physically harm another person through mutual combative physical contact. 

a. First Offense. 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade six (6). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

b. Additional Offenses. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

3. Physical Assault. Initiation of a violent act against another person through aggressive physical contact. 

a. Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade six (6). 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

B. Personal Injury to District Employees, Volunteers, and Students. Causing or attempting to cause personal injury to an employee, a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this provision. Neb. Rev. Stat. §79-267(3) and 283(3). 

1. Sanctions on School Grounds. 

a. Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(3) and 293. 

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (B). 

b. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

C. Use of Threats or Intimidation. 

1. Use of Threats (Verbal and Written). All threats, including those alleged to be jokes, will always be taken seriously and are subject to the following disciplinary action. 

a. Level One Threat (Transient). Using a threat as part of a common expression or in a context that the recipient does not feel threatened, frightened, or coerced (e.g., “Oh, I could just kill you for that” or “I will punch you in the nose”). 

(1) Maximum Sanction. Short-term suspension. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Level Two Threat (Serious Substantive). Using an expression or an implied or veiled threat with the intent of threatening, frightening, or coercing another or the recipient feels threatened, frightened, or coerced (e.g., “I will kill you”). 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

c. Level Three Threat (Very Serious Substantive). Threatening to kill or injure, or threatening to damage property with potential for personal injury, without possessing a weapon or other object that could kill or injure , including any threats that concern dangerous chemical substances, biochemical attacks, bioterrorism, bombs, or any type of explosive or incendiary device.

(1) Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-310, 311.01 and 907; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

d. Threatening with an Object. Threatening with an object which looks like a weapon or an object that could be used to injure someone. To qualify as a look-a-like weapon, the object must closely resemble a real weapon in size, shape, and color even when examined up close. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Firearms, Explosives, and Weapons. 

1. Firearms, Etc. Knowingly possessing, handling, transmitting, using, intimidating with, or threatening with any firearm, explosive, or destructive device. For the purposes of this subsection II(D)(1), firearm means 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, or the frame or receiver of any such weapon, or any firearm muffler or firearm silencer, or any destructive device. Such term does not include an antique firearm. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Mandatory expulsion for one (1) year. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(3) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04, 1215, 1216 and 1220; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II(D). 

(2) Extracurricular Sanction. Curtailment of extracurricular activities for one (1) year. 

2. Use and Possession of Dangerous Weapons. Using, intimidating with, threatening with, handling, transmitting, possessing on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, taser, airsoft gun, B.B. gun, or pellet gun. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Twenty (20) school day expulsion. 

(2) Maximum Sanction. Expulsion for one (1) year. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262 (1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for twenty (20) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for one (1) year. 

3. Other Dangerous Weapons. Using or threatening with a knife, throwing star, brass knuckles, chemical substances (including, but not limited to, mace, pepper spray, and bleach), and any other objects that could be used to injure a person. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Long term suspension. 

(2) Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for six (6) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

4. Possession of Certain Prohibited Objects. Knowingly possessing, handling, or transmitting knives, throwing stars, brass knuckles, or other objects not enumerated above which could cause injury. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

5. Possession of Look-a-Like Weapons. Knowingly possessing a look-a-like weapon. The object must closely resemble a real weapon in size, shape, and color even when examined up close. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Long-term suspension. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

6. Exception for Certain Firearms. Subsection II(D) shall not apply to: 

a. The issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training; 

b. Firearms which may lawfully be possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms; or 

c. Firearms and guns which may lawfully be possessed and used off school grounds, not at a school function, activity, or event. 

E. Extortion. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Sexual Assault or Attempted Sexual Assault. Any sexual assault or attempt to sexually assault any person. Sexual assault shall mean sexual assault in the first or second degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319.01 and 320.01. Neb. Rev. Stat. §79-267(9). 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Mandatory expulsion for one (1) year and possible reassignment upon return. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-319 to 320.01; Neb. Rev. Stat. §§79-262(1), 267(9) and 293.

2. Sanctions off School Grounds. 

a. Minimum Sanction. Curtailment of extracurricular activities for one (1) year. 

b. Maximum Sanction. Expulsion for one (1) year. A complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Neb. Rev. Stat. §79-267(9). 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

G. Sexual Contact. The intentional touching of another person’s sexual or intimate parts or the intentional touching of another person’s clothing covering the immediate area of the other person’s sexual or intimate parts, without the consent of the other person. Sexual contact also includes the non-consensual touching by the other person of the actor’s sexual or intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts when such touching is intentionally caused by the actor. The sexual contact must be such that it can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. Neb. Rev. Stat. §§28-318(5) and 320. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (G). 

b. Extracurricular Minimum Sanction. Curtailment of extracurricular activities for up to five (5) school days. 

c. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

H. Sexual Harassment. Unwanted or unwelcome activity of a sexual nature which materially interferes with or substantially disrupts the educational process. This may include, but is not limited to, unwanted touching, pinching, patting, verbal comments of a sexual nature, sexual name-calling, pressure to engage in sexual activity, repeated propositions, written messages, notes, cartoons or graffiti of a sexual nature, and unwanted body contact. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

I. Harassment. Any intentionally hurtful, demeaning, or disparaging acts, words, symbolic representations, or behavior used by a student or students against another student, students or staff member(s) that is disruptive to the educational process. This includes, but is not limited to, verbal, physical, visual, or graphic actions such as name-calling, taunting, mocking, slandering, humiliating, defaming, teasing, pestering; and making derogatory remarks, demeaning jokes, disparaging drawings or notes. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Bullying. Any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) that has the purpose of exerting domination over another student through the act of intimidating, frightening, oppressing, retaliating, or adversely controlling the student, and that is disruptive of the educational process or any ongoing pattern of physical, verbal, written, graphic, demonstrative or electronic abuse, on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Hazing. Any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with or participation in any group or activity. Such hazing activity shall include, but shall not be limited to the following: whipping; beating; branding; forced and prolonged calisthenics; prolonged exposure to the elements; forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption; prolonged sleep deprivation; harassing by exacting unnecessary or disagreeable work, banter, ridicule, or criticism; or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person. Consent to the hazing by the student(s) shall not be a defense to hazing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

III. Violations Against Public Health and Safety. 

A. Possession, Use or Under the Influence of Alcohol or other Drugs. Possession, use or being intoxicated or under the influence of an illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior-affecting substance, look-a-like substance, or alcohol, or possession, use or being intoxicated, or under the influence of a prescribed medication by a student for whom the prescribed medication was not prescribed, or possession or use of drug paraphernalia. 

1. Sanctions on School Grounds. 

a. First Offense. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).). 

b. Additional Offenses. Mandatory expulsion. Prior violations of subsections III (A), (B), (C), or (D) on school grounds will be included as previous offenses. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (A). 

(1) First Offense. Curtailment of extracurricular activities for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days curtailment of extracurricular activities). 

(i) Students who self-report to a building administrator or coach or extracurricular activity sponsor, that he or she has violated subsection III(A), by self-reporting their violation the morning of the next school day following the violation, or if the next day following the violation is not a school day but extracurricular practices, activities, or games are being held and the student self-reports to a building administrator or coach or sponsor before the extracurricular practices, activities, or games commence, then the curtailment of extracurricular activities will be reduced to seventeen (17) school days with the possibility of reduction to eight (8) school days upon the completion of the District-approved suspension reduction program. 

(2) Additional Offenses. Prior violations of subsections III(A), (B), (C), or (D), on or off school grounds will be included as previous offenses. 

(i) Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

B. Distribution of Alcohol or other Drugs. Distribution or attempted distribution to or receipt or attempted receipt from, any other person, of any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, or alcohol. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Expulsion. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (B). 

b. Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Possession, Use and Transportation of Medications. The possession, use, and transportation of prescribed and non-prescribed medications shall be in accordance with the following rules. 

1. Possession of Medications (Preschool and Elementary Levels). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Elementary school students may not transport prescribed or non-prescribed medications to or from school. Elementary school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

2. Possession of Medications (Middle School Level). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Middle school students may transport non-prescribed medications to and from school but must turn it into the administrative/health care office upon arrival at school. Middle school students may not transport prescribed medications to or from school. Middle school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.
(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Possession of Medications (High School Level). Possession of prescribed medications is prohibited. High school students may possess non-prescribed medications, but they may not possess prescribed medications except in transport to and from school. Prescribed medications must be turned into the administrative or health care office upon arrival at school. High school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense. 

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities). 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Additional Offenses. 

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), on school grounds will be included as previous offenses. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Distribution of Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any prescribed medication. 

1. Minimum Sanction. Long-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Additional Offenses.

a. Minimum Sanction. Expulsion.

4. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

5. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-416; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

E. Distribution of Non-Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any non-prescribed medication. 

1. First Offense. Short-term suspension. 

2. Additional Offenses.

a. Minimum Sanction. Long-term suspension. 

b. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Exposure to Bodily Fluids. Intentionally spitting, throwing, wiping, or otherwise dispersing bodily fluids or excrement on or to another student or staff member for the purpose of infecting, inciting, demeaning, or intimidating that person. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

G. Tobacco and E-Cigarette Products. Possession or use of tobacco products or e-cigarette type products. 

1. First Offense. Suspension for three (3) school days. Students, may choose to complete the District - approved suspension reduction education module. Successful completion of the module will reduce the suspension and curtailment of extracurricular activities by a maximum of one (1) school day.

2. Maximum Sanction. Long-term suspension. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Possession or Use of Fireworks. Possession or use of fireworks of any description. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

IV. Violations against Public Decency and Good Morals. 

A. Public Indecency. Behavior resulting in public indecency (see definition). This subsection shall apply only to students above grade five (5). Neb. Rev. Stat. §79-267(7). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

B. Profanity and Obscenity. Verbal, written or electronic language, communications, pictures, photos, videos, digital images, drawings or materials of any kind that are reasonably offensive or repulsive to the person hearing, viewing or receiving the same and which is disruptive to the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Pornography. Any picture, photo, video, digital image, drawing or materials of any kind that in the reasonable judgment of school administrators constitute child pornography, pornography, or obscene materials pursuant to Neb. Rev. Stat. §§ 28-807, 808, 1463.02 or 1463.03, whether or not a citation is issued by a law enforcement officer or prosecuting authority. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Disparaging Language/Symbolism. Disparaging or demeaning language or symbolic actions of any kind including, but not limited to gestures or language that is intended to disparage, demean, or subject another student or staff member to ridicule. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

E. Secret Organizations/Gangs. Participation or membership in any secret fraternity, sorority, club, association, or organization is prohibited. The wearing of any ring, pin, or insignia of such a secret organization is also prohibited. Organizations or gangs, which initiate, advocate, or promote violence, drug or alcohol use, sex, criminal activity, or activities which disrupt the school environment or threaten the safety or well being of persons or property, and which identify themselves through the use of a name, geographic territory, unique appearance, or language, are a substantial disruption to and material interference with the educational environment, and are prohibited. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or other attributes indicates or implies membership in or affiliation with such a group, constitutes a substantial disruption to and material interference with the educational environment, and are prohibited. 

1. Maximum Sanction. Expulsion.

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

V. Violations against Property. 

A. Damage to Property. Willfully causing or attempting to cause substantial damage or participating in behavior that results in negligent damage to property, or repeated damage to property. This shall include school property lent to the student which the student damages. As to any such damaged property, the student’s parent(s) or guardian(s) shall be liable for the damage to the school property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §28-519; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

B. Theft/Larceny. Stealing or attempting to steal property, or repeated theft of property. This will include school property lent to a student that is not returned upon demand by an authorized staff member and for which there is no reasonable justification for the failure to return the property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §§28-511 and 518; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

4. Sanctions off School Grounds. Committing burglary or theft which constitutes a felony provided the student has received a citation by a law enforcement officer which involves the offense subject to this subsection or the student admits that he or she has violated subsection V(B). 

a. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Arson or False Fire Alarm. Intentionally starting a fire. Use of any fire causing agents to start or attempt to start a fire. Purposely or knowingly causing a false fire alarm. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities (Police and Fire) shall be contacted if it is believed the arson was criminal. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

D. False Alarm or Report. Purposely making a false alarm or false report, or purposely furnishing false information or making a communication or statement, whether verbal, written or electronic, concerning the existence of any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning an intent or attempt to be made to kill, injure, or intimidate any individual or to use, possess, or bring on to District property or to any District activity or event any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning the need for medical, police, or emergency services or procedures. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

E. Misuse of Technology. Direct or indirect use of personal technologydevice, District computers, computer networks, or computer systems, which involves offensive, personal, commercial, and/or religious messages, or any unauthorized access or use of personal technologydevices, District computers, computer networks, or computer systems which violates District policy or state or federal law. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted if the action constitutes a felony. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

F. Trespass. Entering or secretly remaining in any District building or on any District property or facility, or any separately secured portion thereof, without authorization. Neb. Rev. Stat. §28-520(1)(a).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Mandatory Action. Legal authorities shall be contacted. Neb. Rev. Stat. §28-520(1)(a); Neb. Rev. Stat. §§79-267(10) and 293.

VI. Violations against School Administration. 

A. Tardy/Truancy/Elopement. Unauthorized absence from school. Neb. Rev. Stat. §§79-201 and 209. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

B. Gambling. Playing any game of chance for money or other stakes. Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Dishonesty. Dishonesty that interferes with the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Dress Code Violation. Failure to comply with the established building dress code. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

E. Failure to Report. Failure to comply with assigned discipline consequence. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

F. Failure to Comply. Failure to follow established building rules and procedures. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

G. Open Campus/Unauthorized Area Violation. Violating established open campus rules and/or being in an unauthorized location without permission. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Cheating or Plagiarism. Cheating on examinations including but not limited to ELO examinations. Plagiarism on projects including but not limited to reports, research papers, and portfolios. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

I. Insubordination/Defiance/Non-Compliance. Disrespect for, defying authority of, or refusing to obey requests or directions of teachers, school officials or school employees. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Disruptive Behavior. Behavior or possession of any item that materially interferes with or substantially disrupts class work, school activities, or the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Nuisance Items. Any item in a student’s possession that is sufficiently annoying, offensive, unpleasant, or obnoxious that it substantially interferes with or materially interrupts the educational process. These items may include, but are not limited to all electronic devices and toys.

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

L. Unlawful Activity. Engaging in any unlawful activity not specifically covered herein, which constitutes a danger to other students or school personnel, or interferes with school purposes or the educational process. Neb. Rev. Stat. §79-267(10).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

M. False Complaints. False accusations or complaints against another student or staff member. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

N. Student Identification. Failure of a high school student to present the school approved student identification card upon the request of a District staff member while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

VII. Repeated Offenses or Series of Prohibited Conduct. 

A. Two (2) or more violations of prohibited conduct or violation of two (2) or more of the acts prohibited herein within the current building level, which constitute a substantial interference with school purposes. Neb. Rev. Stat. §79-267(11). 

1. Sanction. Unless otherwise provided herein, prohibited conduct otherwise subject to short-term suspension may be subject to long-term suspension; conduct otherwise subject to long-term suspension may be subject to expulsion; prohibited conduct initially subject to expulsion may be again subject to expulsion. 

VIII. Curtailment of Extracurricular Activities. 

A. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student’s participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District-sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school-sponsored activity pursuant to the provisions of this section. 

B. Period of Ineligibility for Conduct on School Grounds. 

1. Period of Ineligibility. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion from school, and will also be prohibited from being on District property or attending any District-sponsored extracurricular events during the period of exclusion from school. 

C. Period of Ineligibility for Conduct off School Grounds. 

1. Period of Ineligibility. The prohibited conduct contained in Sections II (B), (D), (F), and (G), III (A), and (B), and V (B) of this Rule, shall subject the student to the periods of ineligibility for extracurricular activities therein provided for conduct occurring off school grounds and not at a school event during the academic school year. 

D. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period. 

E. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period. 

F. Extracurricular Commutation. Penalties assigned under this section may be reduced by the Superintendent or Superintendent’s designee upon the successful completion of counseling, community service, or other alternatives to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternatives to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternatives to curtailment shall be borne by the student or the student’s parent(s) or guardian(s). 

G. Effective Date. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal’s designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision or citation. 

IX. DEFINITIONS. 

A. “Academic school year” shall mean the time students are in school during the dates and times set by the school calendar and adopted by the Board, including summer school. 

B. “Alcoholic beverage” shall mean any substance subject to the jurisdiction of the Nebraska Liquor Commission. 

C. “Citation” shall mean a written complaint, writ, summons, requirement to appear, ticket, uniform citation form, decree, notice, warrant, indictment, information, or other legal process issued by a law enforcement officer or prosecuting authority, which charges the student with committing an offense against the law, whether given directly to the student or the student's parent or guardian, or forwarded to a federal, state, county, or municipal attorney, prosecutor, or prosecuting authority. 

D. “Controlled substance” shall mean opiates, opium derivatives, depressants, stimulants, and the substances and derivatives as defined by Neb. Rev. Stat. §28-401(4) including, but not limited to, “uppers”, “downers”, barbiturates, amphetamines, LSD, heroin, hashish, hallucinogenic substances, cocaine, and substances such as glue, to the extent any such substance is used for the purpose of mood or behavior alteration by a student, and any other substance which alters the mood or behavior and which is not taken for medical purposes (e.g., steroids). 

E. “Current building level” shall mean the current education level in which the student is enrolled (i.e., grades 9-12 are the high school building level, grades 6-8 are the middle school building level, and grades K-5 are the elementary school building level). 

F. “Curtailment of extracurricular activities” shall mean that the student is ineligible for participation in or attending any extracurricular activities. During any time that a student is excluded from school for conduct occurring while within school jurisdiction, the student is ineligible for participation in or attending any extracurricular activities. 

G. “Deadly weapon” shall mean any firearm, knife, bludgeon, or other device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury. Neb. Rev. Stat. §28-109(7);  Neb. Rev. Stat. §79-265.01.

H. “Destructive device” shall mean (1) any explosive, incendiary, chemical or biological poison, or poison gas-bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, booby trap, Molotov cocktail, bottle or pipe bomb, vessel or container intentionally caused to rupture or mechanically explode or device similar to any of the devices described in the proceeding clauses; (2) any type of weapon (other than a shotgun shell which is generally recognized as particularly suitable for sporting purposes) by whatever name known 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 (3) any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled. 

I. “Distribution or attempted distribution to or receipt or attempted receipt from, any other person” shall mean all actions, activities, and communications, whether verbal, written, or electronic, involved with the transfer or attempt to transfer, or the receipt or attempt to receive any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, alcohol, prescribed medications, or non-prescribed medications. These terms shall be broadly construed and interpreted to include, but not be limited to, any and all actions, activities, and communications concerning the sale, transfer, trading, offering, gifting, receiving, purchasing, soliciting, and/or acceptance of the aforesaid substances, whether or not a transfer is actually made, and whether or not the student comes into actual possession thereof. 

J. “Drug paraphernalia” shall mean all equipment, products, materials, and items which are used, intended for use, altered for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, vaporizing, or otherwise introducing into the human body any controlled substance. 

K. “Exclusion” shall mean that time period a student is excluded from school during short-term suspension, long-term suspension, emergency exclusion, or expulsion. It may also mean that time period that the student is mandatorily reassigned. 

L. “Expulsion” shall mean exclusion from all schools in the District (except the location designated for alternative education). 

M. “Extracurricular activities” shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum. 

N. “Firearms” shall mean (1) 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; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. Such term does not include an antique firearm. 

O. “Illegal narcotic drug” shall mean the illegal substances as defined by Neb. Rev. Stat. §28-401(15). 

P. “Ineligibility period” shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities. 

Q. “Injury” shall mean damage to a person that results in a specific wound or wounds that requires first aid treatment or a physician’s care. 

R. “Long-term suspension” shall mean exclusion from all schools in the District for more than five (5) school days but less than twenty (20) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

S. “Look-a-like substance” (also known as imitation controlled substance) shall mean any substance which is not a controlled substance, but which by its appearance (including, but not limited to, color, shape, size, markings, or packaging) or by representations made, induce or are intended to induce, persons to believe that the substance is a controlled substance. “Look-a-like substance” shall include any beverage containing alcohol or a beverage that is represented to contain alcohol. 

T. “Medication” shall be broadly defined and shall mean all prescribed medications, over the counter and other non-prescribed medications, and all chemical substances, compounds, homeopathic substances, herbs, vitamins, and/or devices, which purport to aid in a person’s health or well-being or are intended for use in the diagnoses, cure, mitigation, treatment, or prevention of diseases, or are intended to affect the structure or any function of the body; and any device, instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is prescribed by a physician, physician assistant, or advanced practice registered nurse, and dispensed by a pharmacist or other person authorized by law. 

U. “Non-prescribed medication” shall mean all medications which are available without a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

V. “On school grounds” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

W. “One year” shall mean the three hundred sixty-five (365) days that follow the acts at issue. 

X. “Possession of a substance” shall mean situations where a student has on his or her person, within his or her personal property, within his or her vehicle, within school property assigned to him or her or under his control, a substance prohibited under this Rule, while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic
event.. Small or trace amounts of a prohibited substance constitute possession of a substance. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology are reasonable information of the possession of prohibited substances. 

Y. “Prescribed medication” shall mean all medications which are available only with a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

Z. “Prior violations” shall mean violations of the involved conduct violation or any other cited subsections, which occurred while the student is in the current building level. Student conduct violations which occurred in another school district at the current building level shall be included as prior violations. For suspension, expulsion, or reassignment purposes, prior violations shall only include previous student conduct violations which occurred on school grounds. For curtailment of extracurricular activities purposes, prior violations shall include previous student conduct violations which occurred on or off school grounds. 

AA. “Public indecency” shall mean performing, procuring, or assisting any other person to perform, in a public place and where the conduct may reasonably be expected to be publicly viewed: (1) An act of sexual penetration; (2) an exposure of the genitals, female breasts or buttocks of the body done with intent to affront or alarm any person; or (3) a lewd fondling or caressing of the body of another person of the same or opposite sex. 

BB. “Reasonable information that the student has committed a prohibited act” shall mean such amount of information from which a reasonable school administrator who is not acting based on improper motives such as discrimination, retaliation, revenge, or retribution, could reasonably conclude that the student engaged in the prohibited acts in question. Such amount of information shall not be evidence beyond all reasonable doubt, or clear and convincing evidence, or even a preponderance of the evidence. Such reasonable information shall be evaluated within the context of an orderly and effective educational process, and shall not be evaluated within the context of any laws, regulations, rules, practices, or procedures which may be applicable in any criminal or civil judicial proceedings, administrative officer proceedings, law enforcement or administrative agency investigation proceedings, or formal evidentiary proceedings. 

CC. “School day” shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year. 

DD. “School jurisdiction” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

EE. “Semester” shall mean the equivalent of one half of the required student instructional days. 

FF. “Sexual assault” shall mean sexual assault in the first or second degree as defined in Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Sexual assault in the first degree occurs when a person subjects another person to sexual penetration without the consent of the victim, or when a person who is nineteen years of age or older subjects another person who is at least twelve but less than sixteen years of age to sexual penetration. Neb. Rev. Stat. §28-319. Sexual assault in the second degree occurs when a person subjects another person to sexual contact without the consent of the victim and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320. Sexual assault of a child in the first degree occurs when a person who is nineteen years of age or older subjects another person under twelve years of age to sexual penetration. Neb. Rev. Stat. §28-319.01. Sexual assault of a child in the second degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320.01. Sexual assault of a child in the third degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor does not cause personal injury to the victim. Neb. Rev. Stat. §28-320.01. 

GG. “Sexual or intimate parts” shall mean the genital area, groin, inner thighs, buttocks or breasts. 

HH. “Short-term suspension” shall mean exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

II. “Under the influence” shall mean the manifestation of physical and physiological symptoms or reactions caused by the use of any illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior- affecting substance, prescribed medication by a student for whom the prescribed medication was not prescribed, or alcohol. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same. 

JJ. “Use of substance” shall mean situations where there is reasonable suspicion to believe a student has assimilated a prohibited substance or is under the influence of the same while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same.