5000: Student Services

5000: Student Services unanimous Thu, 02/28/2019 - 14:33

5000: General Personnel Policy Statement:

5000: General Personnel Policy Statement: unanimous Tue, 07/30/2019 - 16:58

The goal of the District is to provide all students who are enrolled in the District with a safe and equitable learning environment in order to take full advantage of the District’s educational opportunities. To this end, the Board will adopt policies and rules which will provide District students with the opportunity to obtain an education in a safe, healthy, and orderly environment free of illegal drugs, alcohol, weapons, and violence. Students violating the District’s policies and rules will be subject to the District’s disciplinary procedures.

Date of Adoption
May 6, 1996
Date of Revision
July 31, 2000
Apri. 20, 2015
Reaffirmed
April 21, 2008

5010: Non-Discrimination and Harassment

5010: Non-Discrimination and Harassment holly Wed, 07/10/2019 - 14:54

The District does not unlawfully discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, or on any other basis prohibited by federal, state, or local laws, in admission or access to or treatment of employment, or in its programs and activities. 

The District shall provide for and maintain a learning environment free from unlawful harassment (including sexual harassment). 

Students violating this Policy shall be subject to the District’s disciplinary procedures. 

The following person has been designated to handle inquiries regarding the discrimination and harassment policies: Associate Superintendent of Human Resources, 5606 South 147th Street, Omaha, NE 68137 (402) 715-8200. The Associate Superintendent of Human Resources may delegate this responsibility as needed. 

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

Through its discrimination and harassment policies, the District will provide equal opportunity to participate fully in educational programs and activities. 

Date of Adoption
December 20, 1993
Date of Revision
August 7, 2000
June 21, 2004
November 20, 2006
September 20, 2010
July 9, 2018
Reaffirmed
April 21, 2008

5010.1: Non-Discrimination and Harassment

5010.1: Non-Discrimination and Harassment holly Wed, 07/10/2019 - 14:59

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 (including sexual harassment) and will not tolerate unlawful discrimination or unlawful harassment (including sexual harassment). All students are responsible for creating and maintaining an environment free of such unlawful discrimination and unlawful harassment (including sexual harassment). The District does not discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, age, 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. Harassment by Students. Sexual harassment is considered a form of sex discrimination. Sexual harassment by District students of other District students or of District personnel, on District property or any other place where governing law permits the District to discipline students for such misconduct, is strictly prohibited. Any student who retaliates against any person who testifies at, or assists or participates in, an investigation, proceeding, or hearing relating to a sexual harassment complaint shall be subject to discipline. Sexual harassment occurs when an adverse action is taken, or a hostile environment is created, or a quid pro quo relationship is created. 

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


IV. 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 (including sexual 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. 

V. 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 sexual 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 (including sexual harassment). 

B. “Hostile environment” is defined as an educational environment which is permeated with a consistent pattern of sexually discriminatory intimidation, ridicule, and insult that is sufficiently severe enough to alter the conditions of the complainant’s employment or education and create an abusive environment. Examples of actions creating a hostile environment include, but are not limited to, unwanted touching, body contact, pinching, patting, name-calling, repeated propositions, written messages, notes, cartoons, and graffiti. 

C. “Quid pro quo” relationship includes, but is not limited to, a superior of the complainant making submission or rejection to requests for sexual favors explicitly or impliedly, a term or condition or privilege of education. 

D. “Retaliation” shall include, but is not limited to, adverse actions against a complainant for his or her reaction to unlawful discrimination or unlawful harassment (including sexual harassment), taken by the person responsible for the unlawful discrimination or unlawful harassment (including sexual 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 (including sexual harassment). 

E. "Sexual harassment" shall mean an unwelcome verbal or nonverbal conduct of a sexual nature which is directed at or to a specific student or students or conduct that has the purpose or effect of unreasonably interfering with a student’s work or performance, or which creates an intimidating, hostile, or offensive educational environment. Examples include, but are 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, graffiti, and unwanted body contact. 

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

G. “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.

Date of Adoption
November 20, 1995
Date of Revision
March 17, 1997
October 2, 2000
September 20, 2010
July 9, 2018

5010.2: Discrimination and Harassment Complaint Procedure

5010.2: Discrimination and Harassment Complaint Procedure holly Wed, 07/10/2019 - 15:03

I. Complaint and Reporting Procedures. 

A. All students and parents are responsible for helping the District to prevent unlawful discrimination and unlawful harassment (including sexual 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 (including sexual harassment) should follow the following complaint and reporting procedures. 

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 (including sexual 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 (including sexual 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 (including sexual harassment) by a District staff member, he or she shall follow the procedures outlined in Rule 4001.2. 

5. When any other District personnel receive such a report of unlawful discrimination or unlawful harassment (including sexual 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 or sexual harassment 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 (including sexual 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 (including sexual 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 (including sexual harassment). 

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.

Date of Adoption
September 20, 2010
Date of Revision
July 9, 2018

5015: Service Animals

5015: Service Animals holly Wed, 07/10/2019 - 15:05

The District will comply with applicable federal and state statutes, regulations, and rules regarding the use of service animals by disabled students. All requests for a student with a disability to be accompanied by a service animal must be addressed in writing to the Superintendent or designee at least ten business days prior to bringing the service animal to school or a school function.

Date of Adoption
February 6, 2012

5015.1: Service Animals

5015.1: Service Animals holly Wed, 07/10/2019 - 15:08

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.

Date of Adoption
February 6, 2012
Date of Revision
July 6, 2015

5020: Equal Educational Opportunity

5020: Equal Educational Opportunity holly Wed, 07/10/2019 - 15:18

The District is committed to equal educational opportunity. No student shall on the basis of sex be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any educational program or activity in any manner which violates federal, state, or local law, or which violates District policies or rules. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (including sexual harassment) shall follow the procedures of District Rule 5010.2. 

 

Date of Adoption
November 20, 1995
Date of Revision
August 7, 2000
September 20, 2010
February 19, 2018
July 9, 2018
Reaffirmed
April 21, 2008

5020.1: Equal Educational Opportunity

5020.1: Equal Educational Opportunity holly Wed, 07/10/2019 - 15:21

I. General Statement. No student shall on the basis of sex 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 and grievances by students or parents regarding discrimination or sexual harassment shall follow the procedures of District Rule 5010.2. 

Date of Adoption
November 20, 1995
Date of Revision
August 7, 2000
April 21, 2008
September 20, 2010
February 19, 2018

5100: Enrollment of Students

5100: Enrollment of Students holly Wed, 07/10/2019 - 15:24

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.

Nonresident students may apply for enrollment in the District pursuant to the District’s Option Enrollment Program.  Nonresident students not accepted through the District’s Option Enrollment Program may seek enrollment pursuant with District Rule 5100.1 (III) (A)(3) and (4).

The District may accept foreign exchange students when space permits and such students are legally residing in the United States.  The District shall only accept foreign exchange students through the District’s approved foreign exchange programs. Foreign exchange students are encouraged to participate in the curriculum of the school they attend in a manner which promotes the education of other students.

The school principal shall determine final grade placement for students transferring from non-public schools or from schools outside of the District. 

All students must comply with federal and state health laws and regulations. 

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
January 8, 1996
August 21, 2000
August 6, 2001
April 7, 2008
January 11, 2010
February 19, 2018

5100.1: Enrollment of Students - Residency Requirements

5100.1: Enrollment of Students - Residency Requirements holly Wed, 07/10/2019 - 15:36

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 Open or 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 Open or 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 open or option enrollment due to capacity standards. Nonresident students may request enrollment at any District school which is not closed to open or 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, open 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.

 

Date of Adoption
February 1, 1982
Date of Revision
January 8, 1996
August 21, 2000
August 6, 2001
May 5, 2003
January 11, 2010
July 11, 2011
December 19, 2011
June 3, 2019
Reaffirmed
June 3, 2019

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization

5100.2: Enrollment of Students - Kindergarten Age, Proof of Identity, Physical Examination and Immunization holly Wed, 07/10/2019 - 15:56

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.

Date of Adoption
July 20, 1992
Date of Revision
June 6, 1994
August 21, 2000
August 6, 2001
June 6, 2005
March 3, 2008
March 1, 2010
December 19, 2011
June 3, 2019
Reaffirmed
April 7, 2008

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program

5100.3: Enrollment of Students - Nonresident Students: Enrollment Option Program holly Wed, 07/10/2019 - 16:04

I. General Statement. 

A. Nebraska law enables any kindergarten through twelfth grade Nebraska student who resides in the Learning Community to attend a school in a Learning Community 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 

7. The student is an open enrollment option student. 

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, Transportation, and Capacity. 

A. Acceptance, Rejection, Transportation and Capacity. The Board shall adopt a resolution setting forth its specific standards for acceptance and rejection of applications as an option school district, for providing transportation for option students, 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 standards partially or wholly different from its previous resolution(s). The standards may include the capacity of a program, class, grade level, or school building, or the availability of appropriate special education programs 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 in the Learning Community, the District shall annually establish and report a maximum capacity for each District school building pursuant to procedures, criteria and deadlines established by the Learning Community Coordinating Council, and provide a copy of the standards for acceptance and rejection of applications and transportation policies for option students to the Learning Community Coordinating Council. 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 declare a program, class, grade level, or school building unavailable to option students 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 15th 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 have previously been enrolled in the District as an open enrollment student. 

c. Third 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. 

d. Fourth priority shall be for enrollment of other students who reside in the Learning Community. 

e. 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. All wait lists will become null and void prior to the first day of school. 

3. For applications received after the March 15th deadline and for which space is available in the program, class, grade level, or school building, selection 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. 

III. Application and Cancellation Process. 

A. 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 or, in the case of an application submitted after March 15 as provided in subsection III(A)(9) of this Rule, within forty-five days after submission. 

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 except as provided in subsection III(G)(1) of this Rule for open enrollment option students 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. 

B. Cancellation. No option student shall attend an option school district for less than one (1) 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, for open enrollment option students as provided in subsection III(G) of this Rule, 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. 

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 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. All wait lists will become null and void prior to the first day of school. 

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 or, in the case of an application submitted after March 15 as provided in subsection III(A)(9) of this Rule, within forty-five days after submission. 

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 (2) 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 and who is not an open enrollment option student 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. 

F. November Application Process. The District may accept option enrollment applications for enrollment to start second semester of the then current school year, in accordance with the following November application process. 

1. Such applications must be delivered between November 1 and December 1 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. The District shall provide the resident school district with the name of the applicant on or before December 15. 

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 space available for second semester option enrollment. 

4. The District shall accept or reject such applications based on the number of option enrollment slots which the District has determined are available for second semester 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 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 December 15. 

6. The parent or legal guardian of a student who has been so accepted for second semester option enrollment must complete the District’s defined enrollment processes by December 30. Failure to complete the District’s defined enrollment processes by December 30 shall result in the forfeiture of the second semester option enrollment slot by the applicant and such slot shall go unfilled. 

G. Open Enrollment Option Students. 

1. Each student attending a school building of the District as an open enrollment student pursuant to Neb. Rev. Stat. § 79-2110 for any part of the 2016-2017 school year shall be automatically approved as an open enrollment option student beginning with the 2017-2018 school year and allowed to continue attending such school building as an open enrollment option student without submitting an additional application. 

2. Except as provided in Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school, such approval as an open enrollment option student pursuant to this subsection does not permit the student to attend another school building within the District at the same grade level unless an application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237 and this Rule is approved by the District. 

3. Upon approval of an application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237, a student previously enrolled as an open enrollment student in the District shall be treated as an option student of the District without regard to his or her former status as an open enrollment student. 

4. In December of each year, the District shall mail to the parent or guardian of a student who is currently attending a District school building or program, except a magnet school, focus school, or focus program, as either an open enrollment option student or an option student, and who will complete the grades offered at such school building prior to the following school year, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides. 

5. Except as otherwise provided in this subsection and Neb. Rev. Stat. §§ 79-234, 79-235, 79-237, 79-238 and 79-2110(3), open enrollment option students shall be treated as option students of the District. 

IV. 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 reasons for the rejection 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 (30) days after the date the notification of the rejection was received by the parent or legal guardian. 

V. 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, except as provided in Neb. Rev. Stat. § 79-241 and, for open enrollment option students, except as provided in subsection III(G) of this Rule, option students shall be treated as resident students of the option school district. 

VI. 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. 

VII. Transportation or Reimbursement. This section constitutes the District’s specific standards for providing transportation for open enrollment option student and 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 open enrollment option students who received free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611(2), the District shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to Neb. Rev. Stat. § 79-2110(3) unless the student relocates to a resident school district that would have prevented the student from qualifying for free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611(2). A student’s duration as an open enrollment option student and such free transportation thus end when a student has completed the grades offered in the open enrollment school building attended during the 2016-2017 school year, or the student is expelled and disqualified pursuant to Neb. Rev. Stat. § 79-266.01, or transportation services are suspended or revoked pursuant to District Policy 3817 for serious or repeated violations of the District’s Standards for Student Conduct, or the student discontinues enrollment in the District, or the student’s application for option enrollment is accepted by the District, or the student relocates to a resident school district that prevents the student from qualifying for free transportation. 

E. 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. 

VIII. 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. “Open enrollment option student” shall mean a student who resides in a school district in the Learning Community, who attended a school building in another school district in the Learning Community as an open enrollment student, and who is allowed to continue to attend such school building as an open enrollment option student without submitting an additional application for option enrollment until the student completes the grades offered in such school building or unless the student has been expelled and is disqualified pursuant to Neb. Rev. Stat. § 79-266.01. 

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

F. "Option student" shall mean a student that has chosen to attend an option school district, including an open enrollment option student or a student who resides in the Learning Community and began attendance as an option student in an option school district in such Learning Community prior to the 2009-2010 school year, but for school years prior to the 2017-2018 school year does not include a student who resides in the Learning Community and who attends another school district in the Learning Community as an open enrollment student. 

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

H. "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. 

I. "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. 

J. “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. 

Date of Adoption
January 8, 1996
Date of Revision
August 5, 1996
August 21, 2000
August 6, 2001
June 1, 2015
September 19, 2016
February 19, 2018
Reaffirmed
April 7, 2008

5100.4: Enrollment of Students - Foreign Exchange Students

5100.4: Enrollment of Students - Foreign Exchange Students holly Thu, 07/11/2019 - 08:55

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.

Date of Adoption
January 8, 1996
Date of Revision
August 21, 2000
June 1, 2015
Reaffirmed
September 13, 1999
April 7, 2008

5100.5: Enrollment of Students - Student's Surname

5100.5: Enrollment of Students - Student's Surname holly Thu, 07/11/2019 - 09:03

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.

Date of Adoption
March 4, 1996
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008

5100.6: Enrollment of Students - Enrollment Information

5100.6: Enrollment of Students - Enrollment Information holly Thu, 07/11/2019 - 09:11

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.

Date of Adoption
April 21, 1997
Date of Revision
August 21, 2000
May 18, 2015
Reaffirmed
April 7, 2008

5100.7: Enrollment of Children in Preschool Programs

5100.7: Enrollment of Children in Preschool Programs holly Thu, 07/11/2019 - 09:14

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.

Date of Adoption
December 7, 2009
Date of Revision
December 6, 2010
December 19, 2011
June 3, 2019

5100.8: Enrollment of Students - Learning Community Open Enrollment

5100.8: Enrollment of Students - Learning Community Open Enrollment holly Thu, 07/11/2019 - 09:17

I. General Statement 

A. For school years prior to the 2017-2018 school year, Nebraska law provides kindergarten through twelfth grade students residing within any member school district of the Learning Community of Douglas and Sarpy Counties with the opportunity for open enrollment in school buildings in the Learning Community, subject to specific limitations necessary to bring about socioeconomic diverse enrollments in school buildings in the Learning Community. Pursuant to LB 1067 (2016), however, and for school years beginning with the 2017-2018 school year and thereafter, such open enrollment is discontinued and a transition is made back to option enrollment. Sections I (B) through XIV and XVI of this Rule govern open enrollment and open enrollment students for school years prior to the 2017-2018 school year. Section XV of this Rule and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016-2017 school year.

B. Open 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 open enrollment to be acted upon by the Board, except as otherwise required by law or hereinafter provided.

II. Application Process 

A. For a student to attend the District as a Learning Community open enrollment student for school years prior to the 2017-2018 school year, the student, parent or legal guardian shall submit an application to the District from the time the application is made available by the Learning Community and 5:00 p.m. on March 15 of each year prior to 2017 for open enrollment for the next school year. All such applications must either be postmarked by March 15 of each year prior to 2017 or personally delivered to the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, by 5:00 p.m. on March 15 of each year prior to 2017.

B. Application forms shall be those prescribed by the Learning Community Coordinating Council and may be obtained from the Learning Community, 1612 North 24th Street, Omaha, NE 68110, (402) 964-2405, www.learningcommunityds.org, or from the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, (402) 715-8300. A separate open enrollment application is required for each student. Up to three, open enrollment, school buildings in the District may be listed on the open enrollment application, and shall be listed in the order of preference. 

C. Applications shall be accepted for the immediately following school year only for school years prior to the 2017-2018 school year. Applications will be dated upon receipt and processed in the order received. 

D. If all school buildings identified on an open enrollment application are at maximum capacity but the District has buildings offering the same grades which have remaining capacity, the District shall contact 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 open enrollment application.

E. The District shall act on or before April 1 of each year prior to 2017 to accept or reject each application based on the capacity of the school building, the eligibility of the applicant for the school building or program, the number of such applicants that will be accepted for a given school building, and whether or not the applicant contributes to the socioeconomic diversity of the school building or program to which he or she has applied and for which he or she is eligible. The District shall notify the student, parent or legal guardian in writing of the acceptance or rejection of the application on or before April 5 of each year prior to 2017. If the application is denied, the reasons for the denial shall be stated. Copies of all open enrollment applications shall also be provided to the resident school district and the Learning Community on or before April 5 of each year prior to 2017.

F. The student, parent or legal guardian must notify the District on or before April 25 of each year prior to 2017 of their acceptance of such open enrollment placement. Such acceptance must be on a form provided by the District and must be postmarked by April 25 of each year prior to 2017 or personally delivered to the District’s Superintendent’s Office, 5606 South 147th Street, Omaha, NE 68137, (402) 715-8300, by 5:00 p.m. on April 25 of each year prior to 2017. If such notice of acceptance is not received by April 25 of each year prior to 2017, the District shall make two documented attempts to contact the student, parent, or legal guardian in order to determine the status of the application. If the District does not receive a notice of acceptance of such open enrollment placement or is unable to make contact with the student, parent, or legal guardian by May 1 of each year prior to 2017, the open enrollment slot shall be determined vacant and forfeited, and if applicable, shall be filled from the District’s wait list.

G. Students, parents or legal guardians who have accepted an open enrollment placement must complete the District’s defined enrollment processes by May 15 of each year prior to 2017. Failure to complete the District’s defined enrollment processes by May 15 of each year prior to 2017 shall result in the forfeiture of the open enrollment slot by the applicant, and, if applicable, shall be filled from the District’s wait list.

H. Pursuant to LB 1067 (2016) and for school years beginning with the 2017- 2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. No applications for open enrollment for the 2017-2018 school year and for any subsequent school years will therefore be accepted or acted upon by the District.

III. Acceptance or Rejection of Applications 

A. The District shall accept or reject applications for open enrollment for school years prior to the 2017-2018 school year based on the capacity of the school building, the eligibility of the applicant for the school building or program, the number of such applicants that will be accepted for a given school building, and whether or not the applicant contributes to the socioeconomic diversity of the school building or program to which he or she has applied and for which he or she is eligible.

B. The selection process for open enrollment applications shall be conducted on a “building by grade” basis, and according to the following selection priorities. 

1. The District shall give first priority for open enrollment to siblings of students who will be enrolled as continuing students in the requested school building or program for the first school year for which enrollment is sought in such school building.

2. Second priority for open enrollment shall be given to students who contribute to the socioeconomic diversity of the enrollment of the building they have applied to attend, up to the remaining capacity of such school building.

3. Third priority for open enrollment shall be given to students who do not contribute to the socioeconomic diversity of enrollment of the building they applied to attend, up to the remaining capacity of such school building.

4. 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.

5. If the open enrollment applications received for a school building exceed the remaining capacity of a school building, the District shall establish a wait list order for all excess applications by random selection and in the order of selection priority as hereinbefore provided, and open enrollment slots which become available shall be filled from the wait list in order. All wait lists will become null and void prior to the first day of school.

6. The District may, in its discretion, accept open enrollment applications in excess of the maximum capacity of a school building, in the order of selection priority as hereinbefore provided.

IV. Continuing Students

A. Any student who attended a particular school building in the prior school year and who is seeking education in the grades offered in such school building shall be allowed to continue attending such school building as a continuing open enrollment student through the 2016-2017 school year. Pursuant to LB 1067 (2016), however, and for school years beginning with the 2017-2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. Section XV of this Rule and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016- 2017 school year.

B. In December of 2016, the District shall mail notice to a parent or guardian of a student who is currently attending a District school building or program, except a magnet school, focus school, or focus program, outside of the attendance area where the student resides and who will complete the grades offered at such school building prior to the following school year, a notice stating the District school building that the student has been assigned to attend the following year. If the student resides within the District, the assigned school shall be the school in the attendance area where the student resides.

V. Duties to Students

Open enrollment students, once accepted, shall be treated as resident students by the District in all matters except transportation and within-District transfer, and except as provided in District Rule 5100.3 and LB 1067 (2016). 

VI. Credits and Graduation 

The District will accept credits toward graduation that were awarded by another accredited school district. The District will award a diploma to an open enrollment student if the student meets the graduation requirements of the District. 

VII. Students Ineligible for Open Enrollment 

Students who have been disqualified from the school building pursuant to the District’s Standards for Student Conduct, shall not be eligible for open enrollment pursuant to this Rule. Students may also not apply to attend a school building in the Learning Community for any grades that are offered by another school building for which the student had previously applied and been accepted pursuant to open enrollment, absent a hardship exception approved by the District. 


VIII. New Residence 

Prior to the beginning of the 2017-2018 school year, a parent of a student who moves to a new residence in the Learning Community after April 1 may apply directly to the District’s Superintendent within ninety days after moving for the student to attend a school building outside of the attendance area where the student resides. The District’s Superintendent shall accept or reject such application within fifteen days after receiving the application, based on the number of applications and the qualifications required for all other students. 

IX. School Building Change for Emergency or Hardship Reasons 

A. A parent of a student who wishes to change school buildings for emergency or hardship reasons may apply directly to the District’s Superintendent at any time for the student to attend a school building outside of the attendance area where the student resides. Such application shall state the emergency or hardship and shall be kept confidential by the District. The District’s Superintendent shall accept or reject such application within fifteen days after receiving the application. Applications shall only be accepted if an emergency or hardship was presented which justified an exemption from the procedures of this Rule based on the judgment of the District’s Superintendent, and such acceptance shall not exceed the number of applications that will be accepted for the school year for such building.

B. For purposes of this Rule, hardship exceptions and emergency or hardship reasons shall be determined on an individual basis by the Board of Education. 

X. Information on and Verification of Qualifications for Free or Reduced-Price Lunch

A. A parent may provide information on the application for open enrollment 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 open enrollment. A parent is not required to provide such information. Determinations about an applicant’s qualification for free or reduced-price lunches for purposes of open enrollment 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 open enrollment.

B. Each year the District shall randomly select at least three percent of the open enrollment applications accepted, for verification of free and reduced- price lunch or non-free and reduced-price lunch status. The District may, in its discretion, verify the free and reduced-price lunch status of all such applications.

XI. Transportation or Allowance 

A. The parents or legal guardians of students participating in the open enrollment program shall be responsible for required transportation except as herein provided.

B. For school years prior to the 2017-2018 school year, the District shall provide free transportation or pay an allowance for transportation in lieu of free transportation for a student who resides in the Learning Community and attends school in the District pursuant to open enrollment, if the student qualified for free or reduced-price lunches and lives more than one mile from the school to which he or she transfers, or the student is a student who contributes to the socioeconomic diversity of enrollment at the school building he or she attends and lives more than one mile from the school to which he or she transfers, or the student is attending a focus school or program approved by the Learning Community and lives more than one mile from the school to which he or she transfers, or the student is attending a focus school or program approved by the Learning Community and lives more than one mile from the school building housing such focus school or program approved by the Learning Community, or the student is attending a magnet school or program approved by the Learning Community and lives more than one mile from the magnet school or the school housing the magnet program approved by the Learning Community.

C. The transportation allowance which may be paid to the parent, custodial parent, or guardian of students qualifying for free transportation pursuant to the above Section XI(B), shall be in accordance with the requirements of Neb. Rev. Stat.§§ 79-611(3) and (4) as amended.

D. Transportation or reimbursement for open enrollment option students and for option students for the 2017-2018 school year and the school years thereafter, shall be governed by subsection XV(F) of this Rule and Section 
VII of District Rule 5100.3.

XII. Maximum Capacity of School Buildings 

A. On or before March 1 of each year prior to 2017, the District shall have completed and submitted an Enrollment Capacity Data Worksheet for each school building in the District to the Learning Community Coordinating Council, reporting the maximum capacity and total projected enrollment, including intradistrict transfers, if any, before open enrollment for each school building for the following year.

B. In establishing a maximum capacity for each school building, the District shall follow the specific criteria, procedures, definitions and instructions set forth in the Diversity Plan of the Learning Community and the Learning Community’s Enrollment Capacity Data Sheets, 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.

XIII. Promotional Efforts and Information 

A. The District will collaborate with the Learning Community and with the other member school districts of the Learning Community, in promotional efforts to encourage open enrollment participation.

B. On or before February 15 of each year prior to 2017, the District shall make available to the general public certain information, in compliance with the applicable requirements of the Learning Community’s Diversity Plan, for each school building operated by the District, by sending such required information to the Learning Community for dissemination to the general public. 

XIV. Open Enrollment Report 

On or before September 1 of each year prior to 2017, the District shall provide to the Learning Community Coordinating Council a complete and accurate report of all open enrollment applications received, including the number of students who applied at each grade level at each building, the number of students accepted at each grade level at each building, the number of such students that contributed to the socioeconomic diversity that applied and were accepted and were accepted, the number of applicants denied and the rationales for denial, and other such information as requested by the Learning Community Coordinating Council. 

XV. Discontinuance of Open Enrollment and Transition Back to Option Enrollment

A. Pursuant to LB 1067 (2016) and for school years beginning with the 2017- 2018 school year and thereafter, open enrollment is discontinued and a transition is made back to option enrollment. This Section and District Rule 5100.3 and LB 1067 (2016) govern the transition back to and option enrollment for the 2017-2018 school year and subsequent school years. Notwithstanding anything in this Rule seemingly to the contrary, no term or provision of this Rule shall be construed, interpreted, or applied in any manner which continues open enrollment beyond the 2016-2017 school year.

B. Each student attending a District school building as an open enrollment student for any part of the 2016-2017 school year shall be automatically approved as an open enrollment option student beginning with the 2017- 2018 school year and allowed to continue attending such school building as an open enrollment option student without submitting an additional application.

1. Such approval as an open enrollment option student and such continued attendance at such District school building does not permit the student to attend another school building in the District at the same grade level unless an option enrollment application meeting the requirements prescribed in Neb. Rev. Stat. § 79-237 and District Rule 5100.3 is approved by the District.

2. In December of 2016, the District shall mail to the parent or guardian of a student attending a District school building as an open enrollment student who will complete in the 2016-2017 s school year the grades offered in such school building, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides.

3. In December of 2017 and each year thereafter, the District shall mail to the parent or guardian of a student attending a District school building as an open enrollment option student who will complete in the 2017-2018 school year or the school years thereafter the grades offered in such school building, a notice stating the District school building that the student has been assigned to attend the following school year. If the student resides in the District, the assigned school shall be the school in the attendance area where the student resides. 

C. Except as provided in Neb. Rev. Stat. § 79-2110(3) for students attending a focus school, focus program, or magnet school, open enrollment option students are not permitted to attend another school building within the District at the same grade level unless an option enrollment application is approved by the District as provided in District Rule 5100.3. 

D. Upon approval of an option enrollment application, a student previously enrolled as an open enrollment student in the District shall be treated as an option student of the District without regard to his or her former status as an open enrollment student.

E. Except as otherwise provided in District Rule 5100.3(III)(F) and Neb. Rev. Stat. §§ 79-234, 79- 235, 79-237, 79-238 and 79-2110(3), open enrollment option students shall be treated as option students of the District.

F. For open enrollment option students who received free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 76-611(2), the District shall continue to provide free transportation for the duration of the student’s status as an open enrollment option student or for the duration of the student’s enrollment in a pathway pursuant to Neb. Rev. Stat. § 79- 2110(3) unless the student relocates to a resident school district that would have prevented the student from qualifying for free transportation for the 2016-2017 school year pursuant to Neb. Rev. Stat. § 79-611.

1. A student’s duration as an open enrollment option student and such free transportation thus end when the student has completed the grades offered in the school building attended for the 2016-2017 school year, or the student is expelled and disqualified pursuant to Neb. Rev. Stat. § 79-266.01, or the student discontinues enrollment in the District, or the student’s application for option enrollment is accepted by the District, or the student relocates to a resident district that prevents the student from qualifying for free transportation. 

XVI. Definitions

A. “ Open enrollment option student” shall mean a student who resides in another school district in the Learning Community, attended a school building in the District as an open enrollment student, and who is allowed to continue to attend such District school building as an open enrollment option student without submitting an additional application for option enrollment until the student completes the grades offered in such school building or unless the student has been expelled and is disqualified pursuant to Neb. Rev. Stat. § 79-266.01.

B. “Parent” shall mean, in the case of parents who are divorcing or divorced, the custodial parent.

C. “Resident school district” shall mean the public school district in which a student resides and which is a member school district of the Learning Community of Douglas and Sarpy Counties.

D. “Sibling” 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.

E. “Student who contributes to the socioeconomic diversity of enrollment” means a student who does not qualify for free or reduced-price lunches when, based upon the certification pursuant to Neb. Rev. Stat. §79-2110, the school building the student will attend 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 a student who qualifies for free or reduced-price lunches when, based upon the certification pursuant to Neb. Rev. Stat. §79-2110, the school building the student will 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.
 

Date of Adoption
December 21, 2009
Date of Revision
May 3, 2010
December 6, 2010
June 1, 2015
September 19, 2016

5100.9: Enrollment of Homeless Children and Youths

5100.9: Enrollment of Homeless Children and Youths holly Thu, 07/11/2019 - 09:21

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.

Date of Adoption
July 11, 2011
Date of Revision
January 23, 2012
September 5, 2017

5110: Transfer of Students within the District

5110: Transfer of Students within the District holly Thu, 07/11/2019 - 09:24

Parents who desire to have their student attend a different school within the District other than their assigned school may request a transfer. Parents need to apply for a transfer at each level (elementary, middle school, and high school) if they want their student to attend a school other than their assigned school. The Superintendent or his/her designee will approve or deny such requests.

Date of Adoption
October 5, 1992
Date of Revision
January 8, 1996
February 16, 1998
September 11, 2000
July 10, 2017
Reaffirmed
June 1, 2009

5110.1: K-12 Transfer of Students within the District

5110.1: K-12 Transfer of Students within the District holly Thu, 07/11/2019 - 09:52

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. 

C. Any K-12 student who has been accepted into a specific building under the Open Enrollment provision as long as the request is for the subsequent year in which enrollment was granted. 

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 ELL 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. 

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 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 parents need not re- apply unless they want the student to transfer back to the student's home school or to another school at the same level (elementary school, middle school, or high school) in the District. 

D. Within-district transfers are only for the educational level (elementary school, middle school, or high school). As the student moves from elementary into middle school or from middle school into high school, another within-district transfer must be filed. If not, the student will attend their assigned school. 

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 and returned to 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. 

C. The Board will approve annually any schools, programs, grades or classes that are to be open to within-district transfers. 

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

A. Application Timeline 

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

2. Applications Deadline: Applications for within-district transfers must be delivered by U.S. mail postmarked on or before February 15 of the preceding school year or by personal delivery, received 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 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. School Attendance Area Students 

a. Special Programs by Grade 

2. Other District Resident Students 

a. Millard Resident Siblings

b. Special Programs by Grade 

c. Regular Program by Grade 

3. Non-Resident Open Enrollment Students 

a. Special Programs by Grade 

b. Regular Program by Grade 

4. Non-Resident Option Enrollment Students 

a. Special Programs by Grade 

b. Regular Program by Grade 

5. All other Non-Resident Students 

a. Special Programs by Grade 

b. Regular Program by Grade 

D. 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. 

E. Acceptance by Parents: After receiving notification of approval of a within- district transfer, the parent shall accept such transfer in writing by completing the District’s enrollment process for the student on or before noon on March 10 (or noon the following Monday if March 10 is on a weekend) 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 to closed 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.

Date of Adoption
October 5, 1992
Date of Revision
January 8, 1996
March 17, 1997
February 16, 1998
September 11, 2000
March 3, 2003
March 6, 2006
January 8, 2007
October 19, 2009
December 7, 2009
January 11, 2010
November 21, 2011
April 16, 2012
June 4, 2012
November 5, 2012
October 20, 2014
November 7, 2016
Reaffirmed
June 1, 2009

5120: Withdrawls

5120: Withdrawls holly Thu, 07/11/2019 - 10:16

A student may be withdrawn from school only by the parents, guardian, or other person with legal or actual charge or control of the student. Withdrawals which are 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 District Rule 5120.1. Withdrawals of students who have reached sixteen (16) years of age and for the purposes of being exempt from the mandatory attendance requirements of state law, shall be in accordance with District Rule 5120.2.

Date of Adoption
February 20, 2001
Date of Revision
February 2, 2009
Reaffirmed
June 4, 2012

5120.1: Withdrawals Due to Change of Residence or School

5120.1: Withdrawals Due to Change of Residence or School holly Thu, 07/11/2019 - 10:19

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.

Date of Adoption
February 19, 2001
Date of Revision
June 4, 2012
Reaffirmed
February 2, 2009

5120.2: Withdrawals for Purposes of Exemption from Mandatory Attendance Requirements

5120.2: Withdrawals for Purposes of Exemption from Mandatory Attendance Requirements holly Thu, 07/11/2019 - 10:21

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. 

Date of Adoption
June 4, 2012

5130: Enrollment of Exempt School Students and Nonpublic School Students

5130: Enrollment of Exempt School Students and Nonpublic School Students holly Thu, 07/11/2019 - 10:24

Exempt School Students and Nonpublic School Students requesting enrollment in the District shall be allowed admission as permitted by law and in accordance with the District’s policies and rules.

Date of Adoption
August 4, 2003
Date of Revision
July 10, 2017
Reaffirmed
January 19, 2009

5146: Student Accident Insurance

5146: Student Accident Insurance holly Thu, 07/11/2019 - 10:26

A group plan of student accident insurance shall be made available on a voluntary basis to every student registered in the schools of the District.

All students participating in school athletic programs, cheerleading, or dance team, are required to be covered by accident insurance. The accident insurance for athletes must be in effect prior to participation on any team.

Date of Revision
August 3, 1992
March 17, 2003
May 17, 2004
February 19, 2018
Reaffirmed
November 15, 2010

5200: Attendance

5200: Attendance holly Thu, 07/11/2019 - 10:32

Regular and timely attendance furthers the benefits of instructional programs, aids in the development of self-discipline and responsibility, and minimizes disruption of the educational process. Children who are of the mandatory attendance age, or who are younger than mandatory attendance age and are enrolled in any public school, are required to attend school each day the school is open and in session, except when excused by school authorities, the child has graduated from high school, or attendance is otherwise excused by law. District students may be excused from school provided they meet the requirements of applicable law, and District rule.

Date of Revision
July 20, 1987
September 19, 1994
September 8, 1998
September 11, 2000
June 20, 2005
December 5, 2011
May 6, 2019
Reaffirmed
February 16, 2009

5200.1: Attendance, Tardiness, and Excessive Absenteeism

5200.1: Attendance, Tardiness, and Excessive Absenteeism holly Thu, 07/11/2019 - 10:36

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. Illness related to physical 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, or assisting the family in working with other community 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. 

Date of Revision
July 20, 1987
September 19, 1994
September 8, 1998
September 11, 2000
June 20, 2005
February 16, 2009
April 18, 2011
August 15, 2011
December 5, 2011
July 2, 2012
December 17, 2012
May 19, 2014
May 21, 2018

5200.2: Attendance Reports

5200.2: Attendance Reports holly Thu, 07/11/2019 - 10:40

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 

Date of Adoption
February 4, 1974
Date of Revision
September 11, 2000
April 17, 2017
Reaffirmed
February 16, 2009

5200.3: Attendance and Pregnant and Parenting Students

5200.3: Attendance and Pregnant and Parenting Students holly Thu, 07/11/2019 - 10:42

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.

Date of Adoption
May 21, 2018

5220: School Census

5220: School Census holly Thu, 07/11/2019 - 10:44

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 the taxpayers in the District.

Date of Adoption
February 4, 1974
Date of Revision
May 5, 1997
September 11, 2000
May 1, 2017
Reaffirmed
June 1, 2009

5220.1: School Census

5220.1: School Census holly Thu, 07/11/2019 - 10:46

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.

Date of Adoption
May 5, 1997
Date of Revision
September 11, 2000
May 1, 2017
Reaffirmed
June 1, 2009

5300: Student Conduct

5300: Student Conduct holly Thu, 07/11/2019 - 10:48

Students in the District are expected to act in such a manner that their behavior reflects favorably on the individual student and on the school, shows consideration for staff and fellow students, and creates a safe, orderly, and harmonious school atmosphere conducive to learning. Students shall exhibit honesty, morality, courtesy, obedience to law, respect for the national flag and the Constitutions of the United States and Nebraska, respect for parents and home, the dignity and necessity of honest labor, and other attributes which promote and develop an upright and desirable citizen.

Students are expected to adhere to appropriate standards of conduct while at school, at all school activities, and at school sanctioned events. Appropriate standards of conduct include students’ demeanorlanguage, dress, manners, and actions toward others.

To accomplish this, all students must recognize their individual responsibilities and obligations and conduct themselves in accordance with the District’s Standards for Student Conduct.

Date of Adoption
February 4, 1974
Date of Revision
May 21, 2001
February 2, 2009
December 5, 2016

5300.1: Bus Conduct

5300.1: Bus Conduct holly Thu, 07/11/2019 - 10:52

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.

Date of Adoption
August 6, 1979
Date of Revision
May 21, 2001
December 5, 2016
Reaffirmed
February 2, 2009

5300.2: Conduct at School

5300.2: Conduct at School holly Thu, 07/11/2019 - 10:54

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. 
 

Date of Adoption
October 1, 1979
Date of Revision
May 21, 2001
December 5, 2016
Reaffirmed
February 2, 2009

5300.3: Bullying

5300.3: Bullying holly Thu, 07/11/2019 - 10:57

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 Board of Education shall review this Rule annually.
 

Date of Adoption
February 2, 2009
Date of Revision
June 1, 2015
Reaffirmed
December 5, 2016
May 21, 2018

5300.4: Dating Violence

5300.4: Dating Violence holly Thu, 07/11/2019 - 11:05

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. 
 

Date of Adoption
May 17, 2010
Date of Revision
December 5, 2016

5400: Student Discipline

5400: Student Discipline holly Thu, 07/11/2019 - 11:08

The goal and intention of the District is to enable students to obtain an education within a safe and disciplined environment, free of violence or the threat of violence, illegal drugs, alcohol, weapons, or any conduct, which interferes or disrupts the educational process.

The purpose of this Policy is to assure students' constitutional and statutory rights within the context of an orderly and effective educational process. 

Whenever any student is on District property or is in any manner subject to the control or supervision of the District, the student is absolutely prohibited from possessing illegal drugs, alcohol, weapons or any objects, materials, or substances that are illegal by law or prohibited by District policy or rule.  

All District student discipline shall be done in accordance with the procedures and requirements of the Student Discipline Act, and any other governing law, District policy, and/or District rule.

Date of Adoption
July 5, 1994
Date of Revision
September 11, 1995
June 1, 1998
September 25, 2000
May 6, 2019
Reaffirmed
April 19, 2010

5400.1: Student Discipline

5400.1: Student Discipline holly Thu, 07/11/2019 - 11:20

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. Short-term Suspension. 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.

B. 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.

C. Long-term Suspension. 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.

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

a. Firearms. Expulsion for (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 (20) days and may be excluded for one 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.

E. Mandatory Reassignment. Involuntary transfer to another school in the District in connection with any disciplinary action.

F. 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.

G. 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, 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:

A. If no hearing is requested, the date the disciplinary action takes effect; or

B. If a hearing is requested, the date the hearing examiner makes the report of his/her findings and a recommendation of the action to be taken to the Superintendent, 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. 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 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; and 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. A form on which the student, the student’s parent, or the student’s guardian may request a hearing must accompany the written notice.

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:

1. The date the disciplinary action takes effect if no hearing is requested;

2. If a hearing is requested, the date the hearing examiner makes the report of his/her findings and a recommendation of the action to be taken to the Superintendent or designee, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of interference with an education 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 shall be held but the imposed punishment shall continue in effect pending final determination.

2. Appointment of Hearing Examiner. If a hearing is requested the Superintendent shall appoint a hearing examiner. The hearing examiner can be any person designated by the Superintendent or designee if such person has not brought the charges against the student, is not a witness at the hearing, and has no involvement in the charge.

3. 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 scheduled within a period of five (5) school days after it is requested, but such time may be changed by the hearing examiner for good cause.

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.

4. 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 examine the 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 at a reasonable time 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 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, guardian, or representative.

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 made available to the student or the student’s parent, guardian, or representative 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. 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.

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.

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 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.

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 hearing stage.

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; 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.

Date of Adoption
June 3, 1996
Date of Revision
June 1, 1998
September 25, 2000
March 15, 2004
May 18, 2009
December 7, 2009
May 17, 2010
April 16, 2012
May 18, 2015
April 18, 2016

5400.2: Discipline of Students with Disabilities

5400.2: Discipline of Students with Disabilities holly Thu, 07/11/2019 - 11:25

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.

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. 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.

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. 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.

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. Alternative schools, classes, or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled.

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.

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. 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.

Date of Revision
June 15, 1998
September 25, 2000
August 7, 2006
June 1, 2009
December 7, 2009
April 17, 2017

5400.3: Discipline of Students under Section 504 of the Rehabilitation Act of 1973

5400.3: Discipline of Students under Section 504 of the Rehabilitation Act of 1973 holly Thu, 07/11/2019 - 11:28

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 alternative school, classes, or programs pursuant to District Rule 5400.5. When a student so participates in 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. 

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. Alternative Education Program. Expelled disabled students will have available alternative education pursuant to District Rule 5400.5. 

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. 

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.

Date of Adoption
December 6, 1993
Date of Revision
June 15, 1998
September 25, 2000
August 7, 2006
December 7, 2009
December 20, 2010
April 16, 2018

5400.4: Curtailment of Extracurricular Activities

5400.4: Curtailment of Extracurricular Activities holly Thu, 07/11/2019 - 11:33

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 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.

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 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.

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.

IV. 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).

V. 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.

VI. 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.

VII. Appeal.

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.

VIII. 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.

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.
 

Date of Adoption
June 3, 1996
Date of Revision
June 1, 1998
September 25, 2000
April 15, 2002
March 15, 2004
June 5, 2006
April 21, 2014
May 18, 2015
Reaffirmed
June 2, 2008

5400.5: Academic Credit for Expelled Students and Students Suspended for Ten School Days or More through Alternative Courses or Programs

5400.5: Academic Credit for Expelled Students and Students Suspended for Ten School Days or More through Alternative Courses or Programs holly Thu, 07/11/2019 - 11:37

I. Expelled Students. Students expelled from the District will be eligible for academic credit upon successful participation in and completion of approved alternative courses, or programs.


A. 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 alternative courses or programs.

2. Alternative Education. The 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 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 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 alternative education available to them. At the conclusion of the expulsion period, any student who has satisfactorily participated in the 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 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 an expelled student to participate in an alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing an alternative school, class, or program.

B. Academic Credit and Requirements for Successful Participation.

1. If an expelled student successfully completes the course requirements of an 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 an 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 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.


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. 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 alternative courses or programs.

2. Alternative Education. The 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 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 alternative education available to them. At the
conclusion of the suspension period, any student who has satisfactorily participated in the
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
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 an alternative school, class, or program, the District will have no further
obligation to the student, parent, or guardian with regard to providing an 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 an 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. Transportation. Students participating in the District’s alternative education courses or programs shall not be provided transportation to the 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.


IV. Definitions.

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

B. "Learning Program" shall mean a general 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 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 credit toward graduation.

Date of Adoption
May 19, 1997
Date of Revision
June 1, 1998
September 25, 2000
December 7, 2009
September 17, 2012
May 18, 2015

5400.6: Standards for Student Conduct

5400.6: Standards for Student Conduct holly Thu, 07/11/2019 - 11:42

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. 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 or 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 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 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 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 and 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 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 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, airsoft gun, B.B. gun, or pellet gun. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Twenty (20) 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 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) 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 guns, 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 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 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) 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 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 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) 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 of 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 of Alcohol or other Drugs. Possession or use of an illegal narcotic drug, controlled substance, mood-altering or behavior-affecting substance, or look-a-like substance, or possession or use of a prescribed medication by a student for whom the prescribed medication was not prescribed, or possession or use of drug paraphernalia. Possession or use of alcohol or an alcohol-containing beverage or liquor capable of human consumption. 

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) days out of school). 

b. Additional Offenses. Mandatory expulsion. Prior violations of subsections III (A), (B), (C), (D), or (F) on school grounds will be included as previous offenses. 

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

d. Mandatory Action. Legal authorities shall be contacted. Neb. Rev. Stat. §§79-267(6) and 293. 

2. Sanctions off School Grounds. 

a. Citation during 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) days with the possibility of reduction to eight (8) days upon the completion of the District-approved suspension reduction program. 

(2) Additional Offenses. Prior violations of subsections III(A), (B), (C), (D), or (F) 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, 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 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. Long-term suspension. 

(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), (D), or (F) on school grounds 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) Minimum Sanction. Short-term suspension. 

(2) 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 curtailment of extracurricular activities). 

(3) 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), (D), or (F) on school grounds 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 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), (D), or (F) 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. Mandatory Expulsion. Prior violations of subsections III (A), (B), (C), (D), or (F) on school grounds will be included as previous offenses. 

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. Prior violations of subsections III (A), (B), (C), (D), (E), or (F) on school grounds will be included as previous 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. Under the Influence of Alcohol or Other Drugs. Being intoxicated or under the influence of any illegal narcotic drug, controlled substance, prescribed medication by a student for whom the prescribed medication was not prescribed, mood-altering or behavior-affecting substance, or alcohol. 

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) days out of school). 

b. Additional Offenses. Mandatory expulsion. Prior violations of subsections III (A), (B), (C), (D), or (F) 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. § 53-180.02; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

2. Sanctions off School Grounds. 

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

(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). 

(a) 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) days with the possibility of reduction to eight (8) days upon the completion of the District-approved suspension reduction program. 

(2) Additional Offenses. Prior violations of subsections III(A), (B), (C), (D), or (F) on or off school grounds will be included as previous offenses. 

(a) 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. 

G. Exposure to Bodily Fluids. Intentionally spitting, throwing, wiping, or otherwise dispersing bodily fluids 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. 

H. Tobacco and E-Cigarette Products. Possession or use of tobacco products or e-cigarette type products. 

1. Maximum Sanction. Long-term suspension. 

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

I. 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 of 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 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. Computers. Direct or indirect use of District computers, computer networks, or computer systems, which involves offensive, personal, commercial, and/or religious messages, or any unauthorized access or use of a District computer, computer network, or computer system 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.

VI. Violations against School Administration. 

A. Tardy/Truancy. 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 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. 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. 

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 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, 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), (B), and (F), 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. “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. 

H. “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, 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. 

I. “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. 

J. “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. 

K. “Expulsion” shall mean exclusion from all schools in the District (except the location designated for alternative education). 

L. “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. 

M. “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. 

N. “Illegal narcotic drug” shall mean the illegal substances as defined by Neb. Rev. Stat. §28-401(15). 

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

P. “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. 

Q. “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. 

R. “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. 

S. “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. 

T. “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. 

U. “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. 

V. “One year” shall mean the three hundred sixty-five (365) days that follow the acts at issue. 

W. “Possession of a substance” shall mean situations where a student has on his person, within his personal property, within his vehicle, within school property assigned to him or under his control, a substance prohibited under this Rule, while on school property or at a school sponsored or school-related activity or 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. 

X. “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. 

Y. “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. 

Z. “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. 

AA. “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. 

BB. “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. 

CC. “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. 

DD. “Semester” shall mean the equivalent of one half of the required student instructional days. 

EE. “Sexual assault” shall mean sexual assault in the first degree or second 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. 

FF. “Sexual or intimate parts” shall mean the genital area, groin, inner thighs, buttocks or breasts. 

GG. “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. 

HH. “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, 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. 

II. “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 school property or in attendance at a school-sponsored or school-related activity or 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. 

Date of Adoption
May 7, 2001
Date of Revision
April 15, 2002
May 5, 2003
March 15, 2004
June 5, 2006
July 9, 2007
June 2, 2008
February 2, 2009
May 18, 2009
May 17, 2010
April 4, 2011
April 16, 2012
April 22, 2013
November 4, 2013
January 6, 2014
April 21, 2014
April 20, 2015
April 18, 2016
April 17, 2017
April 16, 2018
May 6, 2019

5400.6.1: Normas de comportamiento de los estudiantes

5400.6.1: Normas de comportamiento de los estudiantes holly Thu, 07/11/2019 - 13:10

I. Introducción.

A. Declaración de política. Cada estudiante del Distrito tiene derecho a recibir una educación. Las Normas siguientes se instituyeron para garantizar tal derecho en el contexto de un proceso educativo ordenado y eficaz. Se considera obligatorio que el estudiante y sus padres, por cuenta propia, se familiaricen con estas Normas y ayuden a generar un ambiente propicio para el aprendizaje.

B. Bases para la exclusión. El estudiante puede ser excluido de la escuela si existe información razonable de que ha cometido cualquiera de los actos prohibidos que se enumeran a continuación mientras estaba en la propiedad del distrito; en un vehículo propiedad de la escuela o que ésta alquilado o contratado para propósitos escolares; en un vehículo conducido por un empleado de la escuela o por una persona designada por ésta; en una actividad o evento deportivo que la escuela haya patrocinado; o en cualquier otro lugar donde las leyes vigentes permitan que el Distrito discipline a los estudiantes por comportarse de modo prohibido.

C. Exclusión de las instalaciones y las actividades escolares. Un estudiante excluido de la escuela debido a una suspensión, expulsión, o exclusión de emergencia no podrá ingresar a ninguna propiedad del Distrito; ni viajará en un vehículo que sea propiedad del Distrito o que éste rentado o contratado para propósitos escolares; ni en un vehículo conducido por un empleado de la escuela o por persona designada por ésta con propósitos escolares; ni podrá asistir o participar en actividades o eventos deportivos patrocinados por la escuela. Los estudiantes expulsados y estudiantes suspendidos por diez (10) días escolares o más, pueden ingresar a la propiedad del Distrito sólo para asistir a sesiones de educación alternativa en el lugar y la hora que el Director de Servicios Estudiantiles les haya designado.

D. Duración de las expulsiones. A menos que se especifique de otro modo en estas Normas, la expulsión del estudiante será por el resto del semestre en el cual entro envigar, a menos que el mal comportamiento haya ocurrido en los 10 (diez) días previos al fin del primer semestre del año escolar, en cuyo caso la expulsión se mantendrá en efecto durante el segundo semestre, o en los 10 (diez) días que precedan al final del segundo semestre, situación en que la expulsión estará vigente durante los cursos de verano y el primer semestre del año escolar siguiente. Neb. Rev. Stat. §§79-283(2).

E. Duración de suspensión.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuara el segundo semestre.

F. Notificación a las autoridades legales. El director de la escuela, o su representante designado, notificará tan pronto como sea posible a las autoridades del orden público del condado o la ciudad donde se ubique la escuela, sobre cualquier acto cometido por el estudiante que esté descrito en los Neb. Rev. Stat. §79-267 y que el director, o su representante, sepan o supongan que constituye una infracción del Código Penal del Estado de Nebraska (Nebraska Criminal Code). Neb. Rev. Stat. §§79-262(1) y 293(1).

G. Sanción que se aplicará. Si no se especifican sanciones mínima y máxima para un acto prohibido específico, se impondrá la sanción recomendada. 

H. La expulsión como sanción. La expulsión se especifica como sanción de un comportamiento dado porque el Consejo de Educación del Distrito (District's Board of Education) considera que el tipo de comportamiento sancionado con la expulsión puede afectar gravemente la salud, la seguridad o el bienestar del estudiante, de otros estudiantes, del personal de la escuela o de otras personas, o que interfiere de alguna manera grave el proceso educativo. Neb. Rev. Stat. §79-262(1).

I. Estudiantes con discapacidades. Los procedimientos disciplinarios para estudiantes con discapacidades, tal como se definen en la Ley de Educación para Individuos con Discapacidades (Individuals with Disabilities Education Act) y en la Sección 504 de la Ley de Rehabilitación (Rehabilitation Act) de 1973, estarán sujetos a los procedimientos disciplinarios que se establecen en las reglas 5400.2 y 5400.3 del Distrito, así como en las leyes federales y estatales que sean aplicables. 

J. Cumplimiento obligatorio. Por este medio, se notifica a los estudiantes y a su(s) padre(s) o tutor(es) que el cumplimiento de la Normas de Comportamiento Estudiantil del Distrito es obligatorio. Es responsabilidad de todos los estudiantes y de su(s) padre(s) o tutor(es) conocer estas Normas.

II. Infracciones contra otras personas.

A. Uso de violencia. Uso de violencia, fuerza, coerción, amenazas, intimidación u otras formas de conducta similares, de forma tal que interfiera considerablemente los propósitos de la escuela.

1. Empujones, empellones o contacto físico relacionados a formas de conducta similares no perjudiciales.

a. Sanción máxima.  Suspensión de corto plazo.

b. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

2. Peleas. Intento mutuo de causarle lesiones a otra persona mediante contacto físico de combate. 

a. Primera Ofensa.

(1) Sanción mínima. Suspensión de corto plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 6º (sexto) grado.

(2) Sanción máxima. Suspensión de largo plazo. 

(3) Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

(4) Informar a las autoridades de la ley. Se contactará a las autoridades legales si hay lesiones personales sustanciales involucradas, un estudiante o padre involucrado solicita que se haga un reporte a la policía, o un reporte es requerido o solicitado por la policía o el fiscal del condado. Neb. Rev. Stat. §§ 79-262(1) y 293.

b. Ofensas adicionales.

(1) Sanción mínima. Suspensión de largo plazo. 

(2) Sanción máxima. Expulsión. 

(3) Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión. 

(4) Informar a las autoridades de la ley. Se contactará a las autoridades legales si hay lesiones personales sustanciales involucradas, un estudiante o padre involucrado solicita que se haga un reporte a la policía, o un reporte es requerido o solicitado por la policía o el fiscal del condado. Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.

3. Agresión física. Inicio de un acto violento contra otra persona mediante contacto físico agresivo. 

a. Sanción mínima. Suspensión de largo plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 6º (sexto) grado.

b. Sanción máxima. Expulsión. 

c. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

d. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293. 

B. Lesiones personales a empleados, voluntarios y estudiantes del Distrito. Lesionar o intentar lesionar a un empleado, a un voluntario o a cualquier estudiante de la escuela. Las lesiones infligidas de modo accidental, en defensa propia o en la creencia razonable de que era necesario actuar para proteger a otra persona, no constituirán una infracción de esta cláusula. Neb. Rev. Stat. §79-267(3) y 283(3).

1. Sanciones por actos realizados dentro de las instalaciones escolares.

a. Sanción máxima.  Expulsión por el resto del año escolar si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la expulsión permanecerá en vigor para la escuela del verano y podría permanecer en vigor por el primer semestre del siguiente año escolar. Neb. Rev. Stat. § 79-283 (3).

b. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure de suspensión o expulsión.

c. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes si se trata de lesiones personales sustanciales. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§ 79-262(1), 267(3) y 293.  

2. Sanciones por actos realizados fuera de las instalaciones escolares. 

a. Citación durante el año escolar académico, o que el estudiante reconozca haber infringido el su inciso II (B). 

b. Sanción máxima extracurricular. Restricción de la participación de actividades extracurriculares durante el resto del año si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la restricción de la participación permanecerá en vigor para le escuela de verano y puede permanecer en efecto para el primer semestre del siguiente año escolar.  

C. Uso de amenazas o intimidación.

1. Uso de amenazas (verbales y escritas). Todas las amenazas, incluso las realizadas en un supuesto son de broma, se tomarán siempre en serio y estarán sujetas a las medidas disciplinarias siguientes.

a. Amenaza de nivel uno (Transitorio). Uso de una amenaza como parte de una expresión común o en un contexto en el que el receptor no se siente amenazado, atemorizado ni coaccionado (p.ej., “Oh, podría matarte por eso” o “Te voy a romper la nariz”).

(1) Sanción máxima. Suspensión de corto plazo. 

(2) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

b. Amenaza de nivel dos (Serio/Grave Sustancial). Uso de una expresión o amenaza implícita o velada con la intención de intimidar, atemorizar o coaccionar a la otra persona, haciéndolo de tal modo que el receptor se sienta amenazado, atemorizado o coaccionado (p.ej., “Te voy a matar”).

(1) Sanción mínima. Suspensión de corto plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 4º (cuarto) grado.

(2) Sanción máxima. Suspensión de largo plazo. 

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

(4) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. § 28-310; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.

c. Amenaza de nivel tres (Muy Serio/Grave Sustancial). Amenazar de muerte o lesión a otra persona o amenazarla con dañar sus bienes, con la posibilidad de lesionarla, sin tener un arma u otro objeto que pudiera matar o lesionar a la persona amenazada o intimidada, así como la descripción que haga el estudiante del modo en que lo hará, incluyendo cualquier amenaza relacionada con el uso de sustancias químicas peligrosas, ataques bioquímicos, bioterrorismo, bombas o cualquier tipo de artefacto explosivo o incendiario.

(1) Sanción mínima. Suspensión de largo plazo. No existe una sanción mínima obligatoria para los estudiantes de grados inferiores al 4º (cuarto) grado.

(2) Sanción máxima. Expulsión. 

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

(4) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§ 28-310, 311.01 and 907; Neb. Rev. Stat. §§ 79-262(1), 267(1) y 293.

d. Amenaza con un objeto. Amenazar a otra persona con un objeto con aspecto de arma o que pudiera usarse para lesionarla. A fin de clasificarlo como objeto con aspecto de arma, el objeto debe parecerse mucho a un arma real por su tamaño, forma y color, incluso al examinarlo de cerca.

(1) Sanción mínima. Suspensión de largo plazo.

(2) Sanción máxima. Expulsión.

(3) Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión. 

D. Armas de fuego, explosivos y otras armas.

1. Armas de fuego etc. Poseer, manipulación, entregar, uso, con intimidación o amenazar con arma de fuego, explosivos, o depósitos destructivos. Para el propósito de esta su inciso II (D) (1), arma de fuego es cualquier arma, incluso un arma de arranque, que cual será o es diseñada para o se puede convertir fácilmente para lanzar un proyectil por la acción de un explosivo, o el marco o el receptor de tal arma, o cualquier silenciador de arma o silenciador de arma de fuego, o cualquier aparato destructivo. Dicho término no incluye un arma de fuego antigua.

a. Sanciones por actos realizados dentro de las instalaciones escolares.

(1) Sanción mínima. Expulsión obligatoria por un (1) año. 

(2) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.

(3) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04, 1215, 1216 y: 1220 Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.

b.  Sanciones por actos realizados fuera de las instalaciones escolares.

(4) Citatorio por posesión ilegal de un arma durante el año escolar académico, o que el estudiante reconozca que ha infringido la inciso II (D). 

(5) Sanción extracurricular. Restricción de la participación en actividades extracurriculares por un (1) año. 

2. Uso y posesión de Armas Peligrosas. Uso, intimidando con, amenazando con, la manipulación, transmisión haber estado en posesión de una o en el vehículo de uno de cualquier arma peligrosa, incluyendo pero no limitado a arma paralizante (stun gun) pistola de bolas de pintura, pistola de aire, pistola de balines, pistola o el diábolo.

a. Sanciones por actos realizados dentro de las instalaciones escolares.

(1) Sanción mínima. Expulsión de 20 días. 

(2) Sanción máxima. Expulsión por un (1) año.

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.

(4) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04; Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.

b. Sanciones por actos realizados fuera de las instalaciones escolares.

(1) Citación por posesión ilegal de un arma durante el año escolar académico o el estudiante reconoce que él o ella han violado el inciso II (D). 

(2) Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por veinte (20) días. 

(3) Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares por un (1) año. 

2. Otras armas peligrosas. Usar o amenazar con navaja, estrella arrojadiza, manopla, sustancias químicas (como gas lacrimógeno, aerosol de chile y blanqueador, entre otras) o cualquier otro objeto que se pueda usar para lesionar a una persona.

a. Sanciones por actos realizados dentro de las instalaciones escolares.

(1) Sanción mínima. Suspensión a largo plazo. 

(2) Sanción máxima. Expulsión por el resto del año escolar si la mala conducta ocurre durante el primer semestre. Si la conducta mala ocurre durante el segundo semestre la expulsión permanecerá en vigor para la escuela del verano y podría permanecer en vigor por el primer semestre del siguiente año escolar. Neb. Rev. Stat. . §§ 79-283 (3).

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

(4) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-1202 a 1204.04; Neb. Rev. Stat. §§ 79-262(1), 267(5) y 293.

b. Sanciones por actos realizados fuera de las instalaciones escolares.

(1) Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido la inciso II (D). 

(2) Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por seis (6) días.

(3) Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del año si la mala conducta ocurre durante el primer semestre. Si la mala conducta ocurre durante el segundo semestre la restricción de la participación permanecerá en vigor para le escuela de verano y puede permanecer en efecto para el primer semestre del siguiente año escolar.

3. Posesión de ciertos objetos prohibidos. Poseer, manejar o entregar intencionadamente navajas, estrellas arrojadizas, manoplas u otros objetos no mencionados antes, pero que pudieran causar lesiones.

a. Sanción mínima. Suspensión de corto plazo. 

b. Sanción máxima. Expulsión. 

c. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

4. Posesión de un objeto con aspecto de arma.  Con conocimiento, tener posesión de un objeto con aspecto de arma. El objeto debe parecerse mucho a un arma real por su tamaño, forma y color, incluso al examinarlo de cerca.

a. Sanción mínima. 

b. Sanción máxima. Suspensión de largo plazo. 

c. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

5. Excepción para ciertas armas de fuego. La subinciso II(D) no se aplicará a: 

a. La encomienda o posesión de armas de fuego por miembros del Cuerpo de Adiestramiento de Oficiales de la Reserva (Reserve Officers Training Corps), cuando estén en adiestramiento; 

b. La posesión legal de armas de fuego por una persona en instrucción bajo la supervisión inmediata de un instructor adulto autorizado para poseer legalmente armas de fuego; o 

c. Las armas de fuego y pistolas que estén en posesión legal y se usen fuera de las instalaciones escolares y de modo ajeno a cualquier función, actividad o evento escolar.

 

E. Extorsión. Amenazar o intimidar a cualquier estudiante con el propósito o la intención de obtener dinero o cualquier cosa de valor de dicho estudiante.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o la expulsión.

 

F. Agresión sexual o intento de agresión sexual. Toda agresión sexual o intento de agresión sexual a cualquier persona. El término agresión sexual se interpretará como agresión sexual en primero o segundo grados, tal como se definen en la sección IX (EE) de esta regla y en las Neb. Rev. Stat. §§28-319 y 320 o agresión sexual a un(a) niño(a) en primero, segundo o tercer grados, tal como se definen en la sección IX (EE) de esta regla y en las Neb. Rev. Stat. §§ 28-319.01 y 320.01. Neb. Rev. Stat. §79-267(9).

1.  Sanciones por actos realizados dentro de las instalaciones escolares.

a. Sanción mínima. Expulsión obligatoria por un (1) año y posiblemente reasignación al regreso. 

b. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dura la expulsión. 

b. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-319 a 320.01; Neb. Rev. Stat. §§79-262(1), 267(9) y 293.

2. Sanciones por actos realizados fuera de las instalaciones escolares.

a. Sanción mínima. Restricción de las actividades extracurriculares por un (1) año. 

b. Sanción máxima. Expulsión por un (1) año. Un fiscal deberá haber presentado, ante tribunal de jurisdicción competente, una denuncia en la cual se alegue que el estudiante agredió o intentó agredir sexualmente a cualquier persona fuera de las instalaciones escolares y de modo ajeno a cualquier función, actividad o evento escolar, y que la presencia del estudiante en la escuela afecta de modo directo e inmediato la preservación de la disciplina, el orden o la seguridad en la escuela. Neb. Rev. Stat. §79-267(9).

c. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dura la expulsión.

 

G. Contacto sexual. Tocar intencionalmente las partes íntimas o sexuales de otra persona, o tocar de modo intencional la ropa que cubre el área inmediata de las partes íntimas o sexuales de otra persona, sin el consentimiento de la misma. También se entiende como contacto sexual el que la otra persona toque, sin su consentimiento, las partes íntimas o sexuales del actor, o la ropa que cubre el área inmediata a las partes sexuales o íntimas del actor, cuando dicho contacto sea provocado de manera intencional por el actor. El contacto sexual deberá ser tal, que se pueda interpretar razonablemente como un acto encaminado a causar excitación o gratificación sexual en cualquiera de los participantes. Neb. Rev. Stat. §§28-318(5) y 320.

1. Sanciones por actos realizados dentro de las instalaciones escolares.

a. Sanción mínima. Suspensión de corto plazo. 

b. Sanción máxima. Expulsión. 

c. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

d. Informar a las autoridades de la ley. Se debe informar a las autoridades legales a solicitud expresa de la parte ofendida. Neb. Rev. Stat. §§79-262(1) y 293.

2. Sanciones por actos realizados fuera de las instalaciones escolares.

a. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido la inciso II (G). 

b. Sanción mínima extracurricular.  Restricción de la participación en actividades extracurriculares por hasta cinco (5) días.

c. Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.

 

H. Acoso sexual. Actividad de naturaleza sexual no deseada o no bienvenida, que interfiera o trastorne considerablemente el proceso educativo. Esto puede incluir, entre otras cosas, contactos, pellizcos, palmadas, comentarios verbales de naturaleza sexual, apodos sexuales, presión para participar en actividades sexuales, proposiciones repetidas, mensajes escritos, notas, caricaturas o grafiti de naturaleza sexual, así como el contacto corporal no deseado.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

 

I. Acoso. Todo acto, palabra, representación simbólica o comportamiento intencionalmente hiriente, humillante o irrespetuoso que uno o más estudiantes usen contra otro estudiante, estudiantes o miembro(s) del personal que trastorne el proceso educativo. Esto incluye, entre otros, actos verbales, físicos, visuales o gráficos, como el uso de apodos, burlas, mofas, difamaciones, humillaciones, calumnias, tomadas de pelo y hostigamientos, así como hacer comentarios despectivos, bromas humillantes, y dibujos o notas desdeñosos.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

 

J. Intimidación. Todo acto continuado verbal, escrito, gráfico, demostrativo, electrónico o físico que sea intencionalmente hostil u ofensivo usado por un estudiante o estudiante(s) contra otro estudiante o estudiante(s) y que tenga como propósito ejercer dominio sobre otro estudiante mediante el acto de amedrentarlo, atemorizarlo, oprimirlo, contraatacar o controlarlo, y que además trastorne el proceso educativo, así como cualquier patrón continuo de abuso físico, verbal o electrónico en la propiedad del Distrito, en un vehículo que sea propiedad del Distrito o que éste haya arrendado o contratado para propósitos escolares, en un vehículo conducido con propósitos escolares por un empleado de la escuela o una persona designada por éste, o en una actividad patrocinado por escuela o evento deportivo, o cualquier otro lugar donde la legislación aplicable permita al Distrito disciplinar a estudiantes para conducta prohibida.  Esto incluye, sin limitarse a ello, actividades verbales, gráficas o escritas, como apodos, burlas, chantajes, incitaciones a pelear, intimidaciones, amenazantes y actos físicos como darse codazos, bloquearse o impedirse el paso, perseguirse, tirarse del cabello, fintar golpes, darse empellones intencionales, ponerse zancadillas y dañarse la ropa.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

 

K. Novatadas. Toda actividad en la que una persona arriesgue intencional e imprudentemente la salud o la seguridad física o mental de otro individuo con propósitos de iniciación, admisión, afiliación o refrendo de membrecía o derecho de participación en cualquier grupo o actividad. Tales actividades incluyen, entre otras, las siguientes: azotes; golpizas; marcas en el cuerpo; ejercicios calisténicos forzados y prolongados; exposición prolongada a los elementos; consumo forzado de cualquier alimento, licor, bebida, droga o sustancia dañina que no esté destinada, en general, al consumo humano; privación prolongada del sueño; acoso consistente en exigir trabajos innecesarios o desagradables, bromas, ridiculizaciones o críticas; así como el trato brutal o la realización de cualquier acto ilegal que ponga en riesgo la salud o la seguridad mental o física de cualquier persona. El consentimiento de la novatada por parte del (o los) estudiante(s) no será válida como argumento de defensa.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.

III. Infracciones contra la salud y la seguridad públicas.

A. Posesión de alcohol u otras drogas. Posesión o uso de cualquier narcótico ilegal, sustancia controlada, sustancia que modifique el estado de ánimo o altere el comportamiento, o sustancia de aspecto similar, posesión o uso de un medicamento de venta exclusiva con receta por parte de un estudiante al que no se le recetó dicho medicamento; o posesión o uso de parafernalia para el consumo de drogas ilegales. Posesión o uso de alcohol o cualquier bebida o licor apto para consumo humano que contenga alcohol.

1. Sanciones por actos realizados dentro de las instalaciones escolares. 

(1) Primera ofensa. Suspensión por diecinueve (19) días escolares. Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la suspensión y la reducción en actividades extracurriculares hasta por un máximo de 9 (nueve) días escolares (lo que da por resultado un total de 10 (diez) días fuera de la escuela). 

(2) Ofensas adicionales. Expulsión obligatoria. Las infracciones previas de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

(4) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-416, 53-180 y 180.0; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.

2. Sanciones por actos realizados fuera de las instalaciones escolares.

(1) Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el subinciso III(A). No participación en actividades extracurriculares por diecinueve (19) días hábiles. 

(1) Primera ofensa. Restricción de la participación de actividades extracurriculares por diecinueve (19) días escolares.  Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la no participación en actividades extracurriculares hasta por un máximo de nueve (9) días hábiles (lo que da por resultado un total de diez (10) días de no participar efectivamente en actividades extracurriculares).

(i) Estudiantes que se auto-reportan a un administrador de edificio o entrenador o un patrocinador de actividad extracurricular, que él o ella ha infringido la inciso III(A), por renunciar sus propia violación en la mañana del próximo día escolar después de la violación, o si el próximo día después de la violación no es un día escolar pero practicas extracurriculares, actividades, o juegos son llevados a cabo y el estudiante se auto-reporta antes que los juegos comiencen a un administrado de edificio o un entrenador o un patrocinador de juegos de actividades extracurriculares, entonces la restricción de la participación de actividades extracurriculares será reducida a diecisiete (17) días con una posible reducción a ocho (8) días en cuanto un programa de reducción de suspensión aprobado por el Distrito sea completado. 

(2) Ofensas adicionales.  Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) dentro o fuera de las instalaciones escolares serán incluidas como ofensas previas.

(i) Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre. 

B. Distribución de alcohol u otras drogas. Distribución o intento de distribuir a o recibir o el intento de recibir de otras personas alcohol o cualquier narcótico ilegal, sustancia controlada, sustancia de aspecto similar, sustancia que altere el estado de ánimo o modifique el comportamiento, o alcohol.

1. Sanciones por actos realizados dentro de las instalaciones escolares.

(1) Sanción mínima. Expulsión obligatoria. 

(2) Sanción máxima. Suspensión de la participación en actividades extracurriculares mientras dure la expulsión. 

(3) Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-416, 53-180 y 180.02; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.

2. Sanciones por actos realizados fuera de las instalaciones escolares.

(1) Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el inciso III (B).

(2) Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre. 

(3) un (1) año. 

C. Posesión, uso y transporte de medicamentos. La posesión, uso y transporte de medicamentos de venta exclusiva con receta y medicamentos de venta libre se hará conforme a las reglas siguientes.

1. Posesión de medicamentos (Escuela preescolar y primaria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta o medicamentos de venta libre, en las instalaciones escolares o durante el transporte hacia y desde la escuela. Los alumnos de nivel básico pueden poseer y usar tabletas de glucosa e inhaladores conforme a lo establecido en la Regla 5600.2.

Primera ofensa.

(1) Sanción mínima. Suspensión de corto plazo. 

(2) Suspensión extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

(2) Ofensas adicionales. 

(1) Sanción máxima. Expulsión.  Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas. 

(2) Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión

2. Posesión de medicamentos (Escuela intermedia/secundaria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta o medicamentos sin receta, en las instalaciones escolares o durante el transporte hacia y desde la escuela. Los alumnos de la secundaria pueden transportar medicamentos sin receta durante el transporte hacia y desde la escuela, pero deberán entregarlos a la enfermera en cuanto lleguen a la escuela. Los alumnos de secundaria pueden poseer y usar tabletas de glucosa e inhaladores conforme a lo establecido en la Regla 5600.2

(1) Primera ofensa. 

(1) Sanción mínima. Suspensión de corto plazo.

(2) Sanción máxima. Suspensión por diecinueve (19) días escolares.  Los padres pueden elegir, por su propia cuenta, participar en un programa aprobado por el Distrito de reducción de la suspensión.  La finalización exitosa de este programa podría reducir la suspensión y limitación de la participación en actividades extracurriculares por un máximo de (9) nueve días escolares (resultando en (10) diez días escolares de restricción de la participación en las actividades extracurriculares).

(3) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

(2) Ofensas adicionales. 

(1) Sanción Máxima. Expulsión.    Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.

(2) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

3. Posesión de medicamentos (Escuela preparatoria). Se prohíbe la posesión de medicamentos de venta exclusiva con receta. Los estudiantes de nivel medio superior pueden poseer medicamentos de venta libre, pero no pueden estar en posesión de medicamentos de venta exclusiva con receta, excepto durante el transporte de los mismos hacia y desde la escuela. Deberán entregar los medicamentos de venta exclusiva con receta a la enfermera en cuanto lleguen a la escuela. Los estudiantes de nivel medio superior pueden poseer y usar tabletas de glucosa e inhaladores, conforme a lo dispuesto en la Regla 5600.2.

(1) Primera ofensa. 

(1) Sanción máxima. Suspensión por diecinueve (19) días escolares.  Los padres pueden elegir, por su propia cuenta, participar en un programa aprobado por el Distrito de reducción de la suspensión.  La finalización exitosa de este programa podría reducir la suspensión y la limitación de la participación en actividades extracurriculares por un máximo de (9) nueve días escolares (resultando en (10) diez días escolares de restricción de la participación en las actividades extracurriculares).

(2) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

(2) Ofensas adicionales. 

(1) Sanción Máxima. Expulsión.    Las infracciones anteriores de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.

(2) Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la expulsión.

D. Distribución de medicamentos de venta exclusiva con receta. Distribución o intento de distribuir o recibir o el intento de recibir medicamentos de venta exclusiva con receta a cualquier otra persona.

1. Sanción mínima.  Suspensión de largo plazo. 

2. Sanción máxima.  Expulsión

3. Ofensas Adicionales.

(1) Sanción mínima.  Expulsión. 

4. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión. 

5. Informar a las autoridades de la ley.  Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §28-416; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.

E. Distribución de medicamentos de venta libre. Distribución o intento de distribución o recibir o el recibo intentado de medicamentos de venta libre a cualquier otra persona.

1. Primera ofensa. Suspensión de corto plazo. 

2. Ofensas Adicionales. 

(1) Sanción mínima. Suspensión de largo plazo. 

(2) Sanción máxima. Expulsión. 

3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

F. Estar bajo la influencia del alcohol u otras drogas. Estado de ebriedad o intoxicación por el uso de alcohol o cualquier narcótico ilegal, sustancia controlada o medicamento de venta exclusiva con receta, en un estudiante al que no se le recetó dicho medicamento o sustancia modificadora del estado de ánimo o el comportamiento.

1. Sanciones por actos realizados dentro de las instalaciones escolares.

a. Primera ofensa. Suspensión por diecinueve (19) días escolares. Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la suspensión y participación en actividades extracurriculares hasta por un máximo de nueve (9) días escolares (lo que da por resultado un total de diez (10) días fuera de la escuela).

b. Ofensas Adicionales. Expulsión obligatoria. Las infracciones previas de los incisos III(A), (B), (C), (D), o (F) serán incluidas como ofensas previas.

c. Sanción extracurricular.  Suspensión de las actividades extracurriculares durante el tiempo de la suspensión o expulsión.

d. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §53-180.02; Neb. Rev. Stat. §§79-262(1), 267(6) y 293.

2. Sanciones por actos realizados fuera de las instalaciones escolares. 

a. Citatorio durante el año escolar académico, o que el estudiante reconozca haber infringido el inciso III (F). 

(1) Primera ofensa. Restricción de la participación de actividades extracurriculares por diecinueve (19) días escolares.  Los padres podrán optar, a costo suyo, por la participación en un programa de reducción de suspensiones que cuente con la aprobación del Distrito. Completar satisfactoriamente tal programa podría reducir la participación en actividades extracurriculares hasta por un máximo de nueve (9) días escolares (lo que da por resultado un total de diez (10) días de no participación efectiva en actividades extracurriculares).

(a) Estudiantes que se renuncian a un administrador de edificio o entrenador o un patrocinador de actividad extracurricular, que él o ella ha infringido el inciso III(A), por renunciar su propia violación en la mañana del próximo día escolar después de la violación, o si el próximo día después de la violación no es un día escolar pero prácticas extracurriculares, actividades, o juegos son llevados a cabo y el estudiante se renuncia antes que los juegos comiencen a un administrado de edificio o un entrenado o un patrocinador de actividades extracurriculares, entonces la restricción de la participación de actividades extracurriculares será reducida a diecisiete (17) días con una posible reducción a ocho (8) días en cuanto un programa de reducción de suspensión aprobado por el Distrito sea completado. 

(2) Ofensas Adicionales. Las infracciones anteriores de los incisos I(A), (B), (C), (D), o (F) dentro o fuera de las instalaciones escolares serán incluidas como ofensas previas.

(a) Sanción extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.

G. Exposición a líquidos y secreciones corporales. Escupir, arrojar, embarrar o impregnar de líquidos y secreciones corporales de cualquier otra manera, a otro estudiante o empleado de la escuela, con el propósito de infectar, provocar, humillar o intimidar a dicha persona.

1. Sanción máxima. Expulsión.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

H. Tabaco y productos de E-Cigarrillo. Posesión o uso de productos de tabaco o productos del tipo e-cigarrillo.

1. Sanción máxima. Suspensión de largo plazo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión. 

I. Posesión o uso de fuegos artificiales.  La posesión o uso de fuego artificiales de cualquier descripción.

1. Sanción máxima. Expulsión.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión. 

IV. Infracciones contra el pudor y los buenos principios.

A. Exposición pública indecente. Comportamiento cuyo resultado sea la exposición pública indecente (vea la definición). Este subinciso sólo está vigente para estudiantes de quinto (5º) grado en adelante. Neb. Rev. Stat. §79-267(7).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

B. Irreverencias y obscenidades. Uso de un lenguaje verbal, escrito o electrónico, comunicaciones, imagines, fotos, videos, imagines digitales, dibujos o materiales de cualquier tipo que sean razonablemente ofensivo o repulsivo para la persona que lo escuche, ve o recibe lo mismo y que trastorne el proceso educativo.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

C. Pornografía. Cualquier imagen, foto, video, imagen digital, dibujo o materiales de cualquier tipo que en el juicio razonable de los administradores de la escuela constituyen pornografía infantil, pornografía o material obsceno según Neb. Rev. Stat. §§ 28-807, 808, 1463.02 o 1463.03, independientemente de que una citación sea emitida o no por un oficial de la ley o una autoridad procesadora.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

D. Expresiones y/o simbolismos despectivos. Uso de expresiones verbales o acciones simbólicas despectivas o humillantes, sean del tipo que sean, incluyendo, entre otras, cualquier ademán o expresión que tenga por objeto menospreciar, humillar o ridiculizar a otro estudiante o empleado de la escuela.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

E. Organizaciones secretas y/o pandillas. Está prohibida la participación o membrecía en cualquier fraternidad, hermandad femenina, club, asociación u organización de carácter secreto. Se prohíbe, asimismo, el uso de cualquier anillo, broche o insignia asociados con tal organización secreta. Las organizaciones o pandillas que inicien, apoyen o promuevan violencia, consumo de drogas o alcohol, sexo, actos delictivos o cualquier actividad que trastorne el ambiente escolar o ponga en riesgo la seguridad o el bienestar de las personas o propiedad, y que se identifican por el uso de un nombre, el territorio geográfico, así como los arreglos personales o lenguajes marcadamente distintivos, alteran y entorpecen sustancialmente el ambiente educativo y, por lo tanto, están igualmente prohibidos. Asimismo, el uso de ademanes, grafiti o cualquier prenda, joya, accesorio o manera de arreglarse que, en virtud de su color, disposición, marca registrada, símbolos u otros atributos, indiquen o impliquen la membrecía o afiliación a tales grupos, trastorna e interfiere sustancialmente el ambiente educativo y, por lo mismo, están prohibidos.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

V. Infracciones contra la propiedad ajena.

A. Daños a propiedad ajena. Dañar o intentar dañar intencionalmente bienes de propiedad ajena o participar en un comportamiento que resulta en daño a la propiedad ajena por negligencia, o repetidos daños a la propiedad ajena. Esto incluye los bienes que la escuela le preste al estudiante y éste dañe. En relación con los bienes dañados, el (o los) padres(s) o tutor(es) del estudiante serán responsables de los daños que éste les cause a los bienes de la escuela. Neb. Rev. Stat. §79-267(2).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales correspondientes cuando el valor de los bienes sea de quinientos dólares ($500.00) o más. Neb. Rev. Stat. §28-519; Neb. Rev. Stat. §§79-262(1), 267(2) y 293.

B. Robo y/o latrocinio. Robar o intentar robar bienes ajenos, o robarlos de modo reiterado. Esto incluye los bienes que la escuela le haya prestado al estudiante y que éste no devuelva a solicitud expresa de un empleado escolar autorizado, cuando no exista una justificación razonable para negar la devolución de los mismos. Neb. Rev. Stat. §79-267(2).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales correspondientes cuando el valor de los bienes sea de quinientos dólares ($500.00) o más. Neb. Rev. Stat. §§28-511 y 518; Neb. Rev. Stat. §§79-262(1), 267(2) y 293.

4. Sanciones por actos realizados fuera de las instalaciones escolares. Los actos de latrocinio y el robo de casas constituyen delitos graves cuando el estudiante ya recibió un citatorio, emitido por autoridad del orden público en relación con la ofensa a la cual se refiere esta subinciso, o si el estudiante ha reconocido previamente que infringió el inciso V (B). 

a. Sanción máxima extracurricular.  Restricción de la participación en actividades extracurriculares durante el resto del semestre, a menos que la mala conducta ocurrió diez (10) días escolares antes del fin del primer semestre, en cual caso la restricción de la participación permanecerá en vigor durante el segundo semestre.

C. Incendio provocado o falsa alarma de incendio. Provocar intencionalmente un incendio. Uso de cualquier agente inflamable para provocar o intentar provocar un incendio. Dar o provocar en forma intencional una falsa alarma de incendio. Neb. Rev. Stat. §§28-502 a 504 y 907; Neb. Rev. Stat. §79-267(10).

1. Sanción mínima. Suspensión de corto plazo. 

2. Sanción máxima. Expulsión. 

3. Sanción extracurricular. Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.  

4. Informar a las autoridades de la ley. Se dará parte a las autoridades legales si se sospecha que el incendio fue provocado con intenciones delictivas. Neb. Rev. Stat. §§28-502 a 504 y 907; Neb. Rev. Stat. §§79-262(1), 267(10) y 293.

D. Alarmas o informes falsos. Dar de manera intencional alarmas o informes falsos, así como proporcionar datos o hacer declaraciones o comunicados con falsedad, sea en forma verbal, escrita o electrónica, respecto a la existencia de bombas, dispositivos, armas, armas de fuego, sustancias químicas peligrosas o dispositivos bioquímicos o terroristas; respecto a la intención de alguna persona de matar, lesionar o intimidar a cualquier individuo o de usar, tener, o de traer a la propiedad del distrito o a cualquier actividad o evento del distrito bombas, dispositivos o armas explosivas o armas, armas de fuego, sustancias químicas peligrosas o dispositivos bioquímicos o terroristas; o respecto a la necesidad de servicios o procedimientos médicos, policiacos o de emergencia. Neb. Rev. Stat. §§28-907 y 1221; Neb. Rev. Stat. §79-267(10).

1. Sanción mínima. Suspensión de corto plazo. 

2. Sanción máxima. Expulsión. 

3. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

4. Informar a las autoridades de la ley. Se notificará a las autoridades legales correspondientes. Neb. Rev. Stat. §§28-907 y 1221; Neb. Rev. Stat. §§79-262(1), 267(10) y 293.

E. Computadoras. Uso directo o indirecto de las computadoras, redes de computadoras o sistemas de cómputo del Distrito, para enviar mensajes ofensivos, personales, comerciales y/o religiosos, así como el uso o acceso no autorizado a una computadora, red de computadoras o sistema de cómputo del Distrito cuando se infrinjan las normas del Distrito o las leyes estatales o federales vigentes. Neb. Rev. Stat. §§28-1341 a 1348; Neb. Rev. Stat. §79-267(10).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

3. Informar a las autoridades de la ley. Se dará parte a las autoridades legales si el acto constituye un delito grave. Neb. Rev. Stat. §§28-1341 a 1348; Neb. Rev. Stat. §§79262(1), -267(10) y 293.

VI. Infracciones contra la administración de la escuela.

A. Retraso/ Ausentismo escolar. Ausentarse de la escuela sin autorización. Neb. Rev. Stat. §§79-201 y 209. 

1. Sanción máxima. Suspensión de corto plazo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión. 

B. Juegos de azar. Participar en cualquier juego de azar por dinero u otras apuestas. Neb. Rev. Stat. §79-267(10).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

C. Deshonestidad. Cualquier acto deshonesto que interfiera el proceso educativo. 

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

D. Violación al código de vestimenta.  Incumplimiento con el código de vestimenta establecido por el edificio.

1. Sanción máxima.  Suspensión de plazo largo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

E. Falla de informar.  Incumplimiento con la consecuencia disciplinaria asignada.

1. Sanción máxima.  Suspensión de plazo largo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

F. Incumplimiento.  Incumplimiento de las normas establecidas y procedimientos del edificio.

1. Sanción máxima.  Suspensión de plazo largo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

G. Violación del campus abierto/ área no autorizada.  Violación de las normas establecidas del campus abierto y/o estar en una localidad no autorizada sin permiso.

1. Sanción máxima.  Suspensión de plazo largo.

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

H. Fraude en exámenes y/o plagio. Resolución fraudulenta de exámenes, incluyendo los exámenes de Resultados básicos del aprendizaje (ELO, por sus siglas en inglés). Plagio de proyectos, lo que incluye, sin limitarse a ello, informes, ensayos de investigación y carpetas de trabajos.

1. Sanción máxima. Suspensión de largo plazo. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

I. Insubordinación. Falta de respeto, desafío a la autoridad o renuencia a obedecer las peticiones o instrucciones de maestros, funcionarios u otros empleados de la escuela.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

J. Comportamiento revoltoso. Formas de comportamiento o posesión de objetos que obstaculicen o trastornen sustancialmente el trabajo en clases, las actividades escolares o el proceso educativo.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

K. Artículos molestos. Todo artículo en posesión de un estudiante que resulte suficientemente fastidioso, ofensivo, desagradable o repugnante para los demás y/o que interrumpa o interfiera sustancialmente el proceso educativo. Tales artículos pueden incluir, pero no son limitados a todos los dispositivos electrónicos.

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión o expulsión.

L. Actividades ilícitas. Participar en cualquier actividad ilícita no mencionada específicamente en este documento, pero que constituya un peligro para los otros estudiantes o el personal escolar, o que interfiera los fines o el proceso educativo de la escuela. Neb. Rev. Stat. §79-267(10).

1. Sanción máxima. Expulsión. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión expulsión.

M. Quejas falsas. Hacer falsas acusaciones o quejas contra cualquier estudiante o empleado.

1. Sanción máxima. Suspensión de largo plazo. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

N. Identificación del estudiante. La falta de un estudiante de la preparatoria de presentar la tarjeta de identificación de estudiante aprobada por la escuela a solicitud de un miembro del personal de Distrito mientras se encuentre en una propiedad del Distrito, en un vehículo de propiedad, arrendado o contratado por una escuela que se utiliza para un propósito escolar o en un vehículo conducido para un propósito escolar por un empleado de la escuela o por su designado, o una actividad patrocinada por la escuela o un evento atlético, o en cualquier otro lugar donde la ley vigente permita que el Distrito discipline a los estudiantes por conducta prohibida. 

1. Sanción máxima. Suspensión de corto plazo. 

2. Sanción extracurricular.  Suspensión de la participación en actividades extracurriculares mientras dure la suspensión.

VII. Ofensas reiteradas o series de conductas prohibidas.

A. Dos (2) o más infracciones por conductas prohibidas o la infracción de dos (2) o más de los actos prohibidos que se mencionan en este reglamento durante el nivel actual del edificio, ya que constituyen una interferencia sustancial de los propósitos de la escuela. Neb. Rev. Stat. §79-267(11).

1. Sanción. A menos que se especifique de otra manera, el comportamiento prohibido que de lo contrario es sujeto a una suspensión de corto plazo, podría ser sujeto a una suspensión de largo plazo; el comportamiento prohibido que de lo contrario es sujeto a una suspensión de largo plazo podría ser sujeto a una expulsión; el comportamiento prohibido inicialmente sujeto a una expulsión, podría ser sujeto a la expulsión nuevamente.

VIII. Restricción en actividades extracurriculares.

A. Declaración general. Cuando sea razonablemente necesario para ayudar al estudiante, facilitar los fines de la escuela o prevenir la interferencia del proceso educativo, el Distrito restringirá la participación del estudiante en las actividades extracurriculares del Distrito. No se permitirá que los estudiantes estén en las instalaciones del Distrito, ni que participen o asistan a las actividades extracurriculares que patrocine el Distrito durante el período que estén excluidos de la escuela por razones disciplinarias. Además, a los estudiantes puede negárseles la participación en actividades extracurriculares por comportarse de manera indebida fuera de las instalaciones escolares o sin estar en funciones, actividades o eventos. La restricción también puede ocurrir fuera del año escolar académico si la mala conducta se lleva a cabo durante una actividad patrocinado por la escuela de conformidad con las disposiciones de esta sección.

B. Período de inelegibilidad por mal comportamiento dentro de las instalaciones escolares.

1. Período de inelegibilidad. Durante cualquier período en que un estudiante esté excluido de la escuela debido a una suspensión de corto plazo, suspensión de largo plazo, expulsión o exclusión de emergencia por faltas cometidas en la propiedad del Distrito; en un vehículo que sea propiedad de la escuela o que ésta haya arrendado o contratado para propósitos escolares; en un vehículo conducido con fines escolares por un empleado de la escuela o persona designada por éste; en una actividad o evento deportivo que la escuela patrocine; o en cualquier otro sitio donde las leyes vigentes permita que el Distrito discipline a los estudiantes por comportamiento prohibido, el estudiante así excluido será inelegible para participar en actividades extracurriculares durante todo el período de exclusión y, además, se le prohibirá el acceso a los inmuebles propiedad del Distrito, así como la asistencia a los eventos extracurriculares que patrocine el Distrito durante el período de su exclusión de la escuela. 

C. Período de inelegibilidad/suspensión por conducta fuera de las instalaciones escolares.

1. Periodo de inelegibilidad/suspensión.  La conducta prohibida en/contenida en la Sección II (B), (D), (F) y (G), III (A), (B) y (F), y V (B) de esta norma,  someterá el estudiante al periodo de inelegibilidad/suspensión para actividades extracurriculares en estos proporcionados para la conducta ocurrida fuera de las instalaciones escolares y no en un evento escolar durante el año académico escolar.

D. Eventos del Distrito durante el período de inelegibilidad. Los estudiantes que sean inelegibles para participar en actividades extracurriculares también tendrán prohibido asistir a cualquier evento extracurricular que patrocine el Distrito durante el período de inelegibilidad.

E. Vigencia en el semestre siguiente, si fuera necesaria. El período de inelegibilidad seguirá en efecto durante el semestre siguiente (incluso el año escolar siguiente) si al semestre actual no le restan días hábiles suficientes para completar el período de inelegibilidad.

F. Conmutación extracurricular. El Superintendente, o quien éste designe, pueden reducir los castigos asignados bajo esta sección si se concluye satisfactoriamente la asesoría, el servicio comunitario o las otras alternativas a la no participación establecida por el Distrito. El Distrito, a su sola discreción, determinará si el estudiante es elegible para la conmutación, y dirá qué tipo de asesoría, servicio comunitario u otras alternativas a no participar deberá concluir satisfactoriamente para tener derecho a la conmutación. El estudiante o su(s) padre(s) o tutor(es) cubrirán todos los costos relacionados con la asesoría, el servicio comunitario o las otras alternativas de no participar.

 

G. Fecha de entrada en vigencia. La fecha de entrada en vigencia de no participar en actividades extracurriculares será aquélla en que el director, o quien éste designe, hagan al estudiante la notificación verbal o escrita de los cargos, pero el director no emitirá una carta de no participación sino hasta que haya reconocimiento por parte del estudiante, decisión de un tribunal o un citatorio. 

 

IX. DEFINICIONES.

A. “El año escolar académico” se refiere al tiempo que los estudiantes están en la escuela durante los días y horas establecidos por el calendario escolar y aprobado por la Junta Educativa, incluye la escuela de verano.

 

B. “Bebida alcohólica” se refiere cualquier sustancia sujeta a la jurisdicción de la Comisión de Vinos y Licores de Nebraska (Nebraska Liquor Commission).

 

C. “Citatorio” se refiere a una queja por escrito, un mandato, una citación, un requerimiento de aparecer, una multa, una forma de citación uniforme, un decreto, un aviso, una orden judicial, una formulación de cargos, una información, u otro proceso legal emitido por un oficial de la ley o las autoridades judiciales, cuales carga al estudiante con cometiendo una ofensa contra la ley, sin importar si es entregado directamente al estudiante o los padres o guardianes, o remitido a un licenciado federal, estatal, del condado, o del municipio, un fiscal, o autoridad judicial.

 

D. “Sustancia controlada” se refiere a opiatos, derivados del opio, depresivos, estimulantes, y las sustancias y derivados que se definen en Neb. Rev. Stat. §28-401(4), lo que incluye, sin limitarse a ello, estimulantes (uppers), depresivos (downers), barbitúricos, anfetaminas, LSD, heroína, hachís, sustancias alucinógenas, cocaína y sustancias como el pegamento, siempre y cuando el estudiante use tales sustancias con el fin de alterar su estado de ánimo o su comportamiento, y que no las tome con fines médicos (p.ej., esteroides).

 

E. “El nivel actual del edificio” significa el nivel educacional actual en cual el estudiante está matriculado (p. ej., los grados 9-12 son el nivel medio superior del edificio, los grados 6-8 son el nivel medio del edificio y los grados K-5 son el nivel básico del edificio). 

 

F. “No participación en actividades extracurriculares” significa que el estudiante es inelegible para participar en actividades extracurriculares o asistir a ellas. Durante el tiempo en que un estudiante esté excluido de la escuela por mal comportamiento dentro de la jurisdicción de la escuela, será inelegible para participar en actividades extracurriculares o asistir a ellas. 

 

G. “Dispositivo de destrucción” se refiere a: (1) cualquier bomba explosiva, incendiaria, gas venenoso chimeco o biológico, o granada o cohete con carga propulsora de más de cuatro (4) onzas, proyectil con carga explosiva o incendiaria de más de un cuarto de onza (7 gramos), mina, trampa explosiva, coctel molotov, bomba de botella o tubo, recipiente o contenedor  intencionalmente causado de romper o explotado mecánicamente, o dispositivo similar a cualquiera de los dispositivos descritos en las cláusulas subsiguientes; (2) cualquier tipo de arma (excepto un cartucho de escopeta, al que generalmente se considera especialmente idóneo para fines deportivos), cualquiera que sea su nombre, o que pudiera ser convertida fácilmente en proyectil mediante la acción de un explosivo u otro material propulsor, y que tenga un barril con calibre mayor de media pulgada (1.27 cm) de diámetro; y (3) cualquier combinación de piezas diseñadas o destinadas a convertir cualquier dispositivo en un dispositivo de destrucción o en uno con el cual se pueda ensamblar fácilmente un dispositivo de destrucción.

 

H. “Distribución o intento de distribución o recepción o intento de recibir de cualquier otra persona” se refiere a todas las acciones, actividades y comunicaciones, aunque sea verbal, escrita o electrónica, envuelto en la transferencia o el intento de transferir, o el recibo o intento de recibir cualquier droga narcótica ilegal, sustancia controladas, sustancias falsas, sustancias que alteran el estado de ánimo o afectan el comportamiento, el alcohol, los medicamentos recetados o medicamentos no recetados.  Estos términos se deben inferir e interpretar en sentido amplio para incluir, pero no limitar a, cualquier y todas acciones, actividades, y comunicaciones acerca de venta, transferencia, negocio, oferta, regalar, recibir, comprar, solicitar, y/o la aceptación de las sustancias antes mencionadas, aunque una transferencia es hecha actualmente o no, y si o no el estudiante entra efectivamente en posesión de los mismos.

 

I. “Parafernalia de drogas”, se refiere a todo el equipamiento, productos, materiales, y artículos que se utiliza, previsto a ser utilizado, modificado a ser utilizado, o diseñado a ser utilizado, en la fabricación, inyectando, ingerir, inhalando, vaporizando, o de otra manera introducir al cuerpo humano una sustancia controlada.      

 

J. “Exclusión” se refiere al período en que un estudiante es separado de la escuela durante una suspensión de corto plazo, suspensión de largo plazo, exclusión de emergencia o expulsión. También puede referirse al período durante cual el estudiante es reasignado de modo obligatorio.

 

K. “Expulsión” significa quedar excluido de todas las escuelas del Distrito (excepto la ubicación designada para educación alternativa).

 

L. “Actividades extracurriculares” se refiere a cualesquiera equipos deportivos, actividades, grupos, clubes, eventos anuales para ex alumnos, bailes de etiqueta, bailes, ceremonias de graduación y cualquier otra organización o evento que el Distrito patrocine, o que se relacione con éste, y que no sea parte del plan de estudios del Distrito.

 

M. “Armas de fuego” significa: 1) cualquier arma (incluso una pistola de arranque) que esté diseñada o pudiera ser adaptada fácilmente para expulsar un proyectil mediante la acción de un explosivo, 2) la armazón o el receptor de tal arma; 3) cualquier amortiguador o silenciador para arma de fuego; o 4) cualquier dispositivo de destrucción. Este término no incluye las armas de fuego antiguas.

 

N. “Narcótico ilegal” se refiere a cualquiera de las sustancias ilegales que se definen en Neb. Rev. Stat. §28-401(15).

 

O. “Período de inelegibilidad” significa el período durante el cual se prohíbe a un estudiante del Distrito participar o asistir a cualquier actividad extracurricular del Distrito.

 

P. “Lesión” significa la lastimadura infligida a una persona cuyo resultado sea(n) una o más heridas específicas o que requieran medidas de primeros auxilios o atención médica.

 

Q. “Suspensión de largo plazo” significa la exclusión de todas las escuelas del Distrito por más de 5 (cinco) días hábiles, pero menos de 20 (veinte) días hábiles”.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuará el segundo semestre.

 

R. “Sustancia de aspecto similar” (también conocida como sustancia controlada de imitación) significa cualquier sustancia no controlada que por su aspecto (lo que incluye, entre otras cosas, su color, forma, tamaño, marca o empaque), o por lo que se dice de ella, induzca o pretenda inducir a otra persona a creer que es una sustancia controlada. “Sustancia de aspecto similar” también incluye cualquier bebida que contenga alcohol o de la cual se afirma que contiene alcohol.

 

S. “Medicamento” se define en su sentido más amplio y significa cualquier medicamento de venta exclusiva con receta o de venta libre, así como otros medicamentos que se vendan sin receta, y todas las sustancias químicas, compuestos, sustancias homeopáticas, hierbas, vitaminas y/o dispositivos que, según se afirma, mejoran la salud o el bienestar de las personas o están destinados al diagnóstico, cura, paliación, tratamiento o prevención de enfermedades, o cuyo fin sea afectar la estructura o cualquier función del cuerpo; y también cualquier dispositivo, instrumento, aparato, implemento, máquina, artilugio, implante u otro artículo similar o relacionado, incluyendo cualquier accesorio o componente, que un médico, asociado médico (physician assistant) o personal de enfermería especializado (advanced practice registered nurse) recete, y que un farmacéutico u otra persona legalmente autorizada expenda.

 

T. “Medicamento de venta libre” se refiere a todos los medicamentos que se venden sin necesidad de una receta u orden emitida por personas licenciadas para recetar medicamentos conforme a las leyes de Nebraska.

 

U. “Dentro de las instalaciones escolares” significa dentro de un inmueble propiedad del Distrito, en un vehículo que sea propiedad del Distrito o que éste haya arrendado o contratado con fines escolares, en un vehículo conducido con propósitos escolares por un empleado de la escuela o la persona designada por éste, o en una actividad o evento deportivo que la escuela patrocine,  o cualquier otro lugar donde la ley gobernante permite al Distrito disciplinar estudiantes para la conducta prohibida. 

 

V. “Un año” se refiere a los trescientos sesenta y cinco (365) días posteriores a los actos en cuestión.

 

W. “Posesión de substancias” se refiere a las situaciones en cual un estudiante tiene en su persona, en su propiedad personal, dentro de su vehículo, dentro la propiedad escolar asignado a él o bajo su control, una substancia prohibida bajo esta Política, mientras en la propiedad escolar o en un evento o actividad patrocinada por o relacionada con la escuela. Pequeñas cantidades o rastros de substancias prohibidas constituye la posesión de una substancia prohibida, y resultados positivos de alcohol u otras pruebas de detecciones de sustancias controladas y tecnologías de pruebas son evidencias de la posesión de sustancias prohibidas. 

 

X. ”Medicamento de venta exclusiva con receta” se refiere a todos los medicamentos que sólo se pueden adquirir con una receta u orden emitida por personas licenciadas para recetar medicamentos conforme a las leyes de Nebraska.

 

Y. “Infracciones previas” se refiere a infracciones de los incisos citadas, cuales ocurrieron cuando el estudiante está en el nivel actual del edificio.  Las infracciones de la conducta del estudiante cuales ocurrieron en otro distrito escolar en el nivel actual del edifico se incluirán como infracciones previas.  Para el propósito de la suspensión, la expulsión, o la acción de volver a asignar, las infracciones previas solamente se incluirá las infracciones de la conducta del estudiante cuales ocurrieron en las instalaciones escolares.  Para el propósito de la restricción de actividades extracurriculares, se incluirán las infracciones previas de conducta del estudiante cuales ocurrieron dentro o fuera de las instalaciones escolares. 

 

Z. “Exposición pública indecente” significa efectuar, facilitar o ayudar a cualquier otra persona a realizar, en un lugar público y donde se espera de modo razonable que tal comportamiento sea visto públicamente: (1) un acto de penetración sexual; (2) la exposición de los genitales, los senos

femeninos o los glúteos, con la intención de ofender o alarmar a cualquier persona; o (3) caricias lascivas del cuerpo de otra persona, sea del mismo género o del género opuesto.

 

AA. “Información razonable que el estudiante ha cometido un acto prohibido” se refiere a la cantidad de información de cual un razonable administrador escolar que no está actuando basado en motivos impropios tales como discriminación, en represalia, en venganza, o como represalia, podía concluir razonablemente que el estudiante se involucró en actos prohibidos en cuestión. Esta cantidad de información no será evidencia fuera de toda duda razonable, o evidencia clara y convincente, o incluso una preponderancia de la evidencia. Tal información razonable deberá ser evaluada en el contexto de un proceso educativo ordenado y eficaz, y no deberá ser evaluada dentro del contexto de las leyes, reglamentos, normas, prácticas o procedimientos que pueden ser aplicables en todo procedimiento judicial, penal o civil, procedimiento administrativo oficial, procedimientos de agencia del orden público o procedimientos de agencia de investigación administrativa o diligencias probatorias formales.  

 

BB. “Día Lectivo” se refiere a cualquier día en que la escuela imparta clases y los estudiantes asistan a cursos académicos. No incluye los días de las prácticas de actividades extracurriculares que son celebradas durante el verano, ni los fines de semana ni los períodos vacacionales que ocurran durante el año escolar académico.

 

CC. “Jurisdicción de la escuela” se refiere a los inmuebles propiedad del Distrito; a vehículos que sean propiedad “del Distrito o que éste arriende o contrate y que se usen con fines escolares; a cualquier vehículo que sea conducido con propósitos escolares por un empleado escolar, o la persona que éste designe; a una actividad o evento deportivo que la escuela patrocine; o a cualquier otro sitio donde las leyes vigentes permitan que el Distrito discipline a estudiantes por su mala conducta.

 

DD. “Semestre” se refiere al equivalente de un medio de los días de instrucción estudiantiles requeridos.

 

EE.  “Agresión sexual” se interpreta como un ataque sexual de primer grado o segundo, tal como se define en Neb. Rev. Stat. §28-319 y 320, o agresión sexual de un(a) niño(a) de primer, segundo o tercer grados, tal como se define en Neb. Rev. Stat. §28-319.01 y 320.01, según se estipule actualmente en dichos estatutos o en sus enmiendas futuras.  Agresión sexual de primer grado ocurre cuando una persona somete otra persona a penetración sexual sin el consentimiento de la víctima, o cuando una persona que es de 19 años de edad o mayor somete otra persona que es por lo menos 12 años de edad pero menos de 16 años de edad a penetración sexual. Neb. Rev. Stat. §28-319.  Agresión sexual de segundo grado ocurre cuando una persona somete otra persona a contacto sexual sin el consentimiento de la víctima y el actor causa graves lesiones personales a la víctima, Neb. Rev. Stat. §28-320.  Agresión sexual de un(a) niño(a) en el primer grado ocurre cuando una persona que es de 19 años de edad o mayor somete a otra persona menor de 12 años de edad a penetración sexual. Neb. Rev. Stat. §28-319.01.  Agresión sexual de un(a) niño(a) en el segundo grado ocurre cuando una persona que es 19 años de edad o mayor somete otra persona de 14 años de edad o menor a contacto sexual y el actor causa graves lesiones personales a la víctima. Neb. Rev. Stat.  §28-320.01.  Agresión sexual de un(a) niño(a) en el tercer grado ocurre cuando una persona que es 19 años de edad o mayor somete otra persona de 14 años de edad o menor a contacto sexual y el actor no causa graves lesiones personales a la víctima. Neb. Rev. Stat.  §28-320.01.

 

FF. “Partes sexuales o íntimas” se refiere a la región genital, la ingle, la cara interna de los muslos, los glúteos o los senos.

 

GG. “Suspensión de corto plazo” significa ser excluido de todas las escuelas del Distrito por un período no mayor de cinco (5) días hábiles.  Si hay insuficientes días escolares en el primer semestre para completar el periodo de suspensión, el periodo de suspensión continuará el segundo semestre. 

 

HH. “Bajo la influencia de” significa la manifestación de síntomas o reacciones físicas o fisiológicas debido al uso de alcohol o cualquier narcótico ilegal, sustancia controlada, sustancia que modifique el estado de ánimo o afecte el comportamiento, o medicamento de venta exclusiva con receta, en un estudiante a quien no se le haya recetado dicho medicamento o alcohol. Los factores que se pueden tomar en consideración son: el olor de una sustancia prohibida en la respiración del estudiante o la ropa, los ojos vidriosos, problemas del habla (arrastrar las palabras), la movilidad física, y otros factores que el entrenamiento de los administradores de la escuela indica cómo ser evidencia del uso de sustancias prohibidas o estar bajo la influencia de la misma. Los resultados positivos de alcohol o de otra prueba de detección de droga y la tecnología de pruebas son evidencia del uso y posesión de sustancias prohibidas o estar bajo la influencia de la misma.

 

II. “Uso de sustancias” se refiere a situaciones cuando exista una sospecha razonable para creer que el estudiante ha asimilado una sustancia prohibida o está bajo la influencia de la misma mientras en la propiedad escolar o asistiendo una actividad o evento patrocinado por la escuela o relacionada con la escuela.  Los factores que se podrán tomar en consideración son: el olor de una sustancia prohibida en el aliento o la ropa del estudiante, los ojos vidriosos, el habla mal articulada, movilidad física, y otros factores que el entrenamiento de los administradores escolares indica como evidencia de la utilización de sustancias prohibidas o estar bajo la influencia de la misma.  Los resultados positivos de alcohol u otras pruebas de detección de sustancias controladas y tecnologías de exámenes son evidencias del uso y la posesión de sustancias prohibidas o estar bajo la influencia d lo mismo.

Date of Adoption
7 de mayo de 2001
Date of Revision
15 de abril de 2002
5 de mayo de 2003
15 de marzo de 2004
5 de junio de 2006
9 de julio de 2007
2 de junio de 2008
2 de febrero de 2009
18 de mayo de 2009
17 de mayo de 2010
4 de abril de 2011
16 de abril de 2012
22 de abril de 2013
4 de noviembre de 2013
6 de enero de 2014
21 de abril de 2014
20 de abril de 2015
18 de abril de 2016
17 de abril de 2017
16 de abril de 2018
6 de mayo de 2019

5410: Substance Use

5410: Substance Use holly Thu, 07/11/2019 - 13:26

In order to ensure the highest possible standards of learning as well as the safety, health, and well-being of students, the District endorses a substance abuse policy which will aid students to abstain from the use of illegal drugs, intervene early when student use is detected, take corrective disciplinary action when necessary, and provide aftercare support for students.

As used in this Policy "drugs” shall include tobacco, nicotine, alcohol, controlled substances as defined by state law, other mood or behavior-affecting substances which are not taken for medical purposes, and “look-alike” drugs.

I. PREVENTION

The District will adopt an age appropriate developmentally based drug, tobacco, nicotine and alcohol education and prevention program, which includes in its scope the legal, social, and health consequences of drug, tobacco and alcohol use and provides information and techniques for the resistance of peer pressure for use of illicit drugs, tobacco, nicotine or alcohol. 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).

The District will provide students with information and activities focused on preventing students from using drugs. Prevention activities will be centered around the instructional program, guidance and counseling, school climate, and family and community involvement.

II. INTERVENTION

The District shall make available to students, information about any drug, tobacco, nicotine or alcohol counseling, or rehabilitation, or re-entry programs available to students.

The District shall establish and maintain an assistance program, through a team approach, to aid students who are chemically involved to successfully address their harmful involvement with chemicals and to continue in a school program.

III. DISCIPLINE

The District shall notify all students that the use of illicit drugs and the unlawful possession and use of tobacco, e-cigarette type products, and alcohol are wrong and harmful.

The rules established by the District shall clearly prohibit the unlawful possession and use or distribution of illicit drugs, tobacco, e-cigarette type products, and alcohol by students on school premises or as a part of any District activities and it shall be applicable to students in all of the schools in the District.

The District shall adopt disciplinary sanctions consistent with local, state and federal laws up to and including expulsion and referral for prosecution of students who violate the District’s Standards for Student Conduct and a description of sanctions as described by the rules of the District including sanctions which require the completion of an appropriate rehabilitation program.

Students have the right to attend school in an environment free of drugs. Possession or use of tobacco, or e-cigarette type products, or possession, distribution or use of mood or behavior-affecting substances, alcohol, "look-a-likes” or drug paraphernalia, are prohibited on school grounds and at school-sponsored or school-related activities.

The consequences for possession, distribution, or use of drugs, controlled substances, mood altering drugs, unauthorized medication, alcohol, or possession of drug-related paraphernalia will result in disciplinary action.

It is the policy of the District to take positive action through education, counseling, parental involvement, medical referral, and police referral where appropriate in the handling of incidents in the schools involving mood or behavior-affecting substances or alcohol.

School property and student property may be searched by school authorities in the interest of the maintenance of the health and safety of students and staff, the educational process, and to further school purposes.

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

IV. TREATMENT

The District will work cooperatively with community treatment personnel to facilitate the educational program of students in treatment.

V. COOPERATION PROGRAMS

The District will work cooperatively with the students, parents, guardians and community treatment personnel, to support aftercare and post-treatment plans for students returning from treatment.

VI. NOTICES

The District shall provide, distribute and shall give to all students, parents and guardians a copy of the Standards for Student Conduct and the statement of disciplinary sanctions enacted pursuant to this Policy and shall notify parents, guardians and students that compliance with the Standards of Student Conduct are mandatory for all the students in the District.

Date of Adoption
July 16, 1990
Date of Revision
July 6, 1998
September 25, 2000
May 16, 2011
April 21, 2014
Reaffirmed
April 19, 2010

5410.1: Substance Abuse

5410.1: Substance Abuse holly Thu, 07/11/2019 - 13:30

I. PREVENTION.

A. The purpose of the District’s alcohol, tobacco and other drugs (ATOD) prevention program is to promote wellness and healthy life styles. To accomplish this, the program will be designed and implemented to develop a respect for a healthy mind and body. Students will learn how the body functions, how personal habits contribute to good health, and how drugs affect the body and the nervous system.

B. The prevention program will focus on classroom instruction, and guidance and counseling. Involvement of students, parents and other community members is essential for the success of District ATOD prevention activities.

C. The ATOD prevention program shall be an age appropriate and developmentally based program for all students in all grade levels from early childhood through grade twelve (12).

1. Instruction Program.

a. All schools will have instructional programs which promote student wellness and which assist students in making responsible decisions about the use of ATOD. Current and accurate information about drugs and their effects upon the body and nervous system is only one (1) component of an instructional prevention program. Other components include instruction and skill development related to self- awareness, decision making, and interpersonal relationships.

b. In the elementary schools, major responsibility for providing instruction about the prevention of ATOD use/abuse will be provided by health education programs, following specific objectives to be covered. The health curriculum will be consistently reviewed, evaluated, and updated. Other areas of the elementary curriculum will reinforce the prevention concepts taught in the health program.

c. In the secondary schools, components of the instructional prevention program will be integrated into a variety of required and elective courses throughout the curriculum.

d. All staff will be provided training in prevention strategies and in any new curriculum. Instructional materials will be available for each school to implement the program.

e. Each school will formulate a prevention plan based on that school’s needs that complements and supplements the District instructional program. These plans will be an integral part of the District’s comprehensive prevention plan and will be reviewed and updated annually by staff and parents and by students, as appropriate.

2. Guidance and Counseling.

a. Guidance and counseling personnel will assist teachers and administrators with the implementation of classroom curriculum and school ATOD prevention plans.

b. Counselors will work with students, individually and in appropriate groups, to supplement ATOD prevention instruction and skill development. Counselors will also work with staff and parents to maximize the prevention efforts of the school.

c. All students shall receive a statement that the use of illicit drugs and the unlawful possession and use of tobacco and alcohol is wrong and harmful.

3. School Environment. Prevention efforts will emphasize maintaining a safe, positive and healthy school environment that encourages the student’s positive self-concept; the student’s enthusiasm for learning; outlets for student self-development and creativity which acknowledge individual skills, needs, and interests; responsible student decision- making and problem-solving; and recognition of the special needs of high-risk students or families experiencing undue stress.

4. Family and Community. The successful prevention of drug involvement must include a plan to ensure that parents and the community are aware and knowledgeable of programs and services available to them and their children. Parents and community members will be actively involved in the community/school partnership.

II. INTERVENTION.

A. All schools will establish and maintain an ATOD intervention program. The goal of the ATOD program shall be to eliminate ATOD use by students.

B. Ongoing inservice training will be provided for all staff. Training will include dimensions of the family illness and dynamics of the addiction process; enabling behaviors; intervention techniques; children in chemically dependent families; student experimentation, abuse and dependency; parental involvement and community resources; prevention issues and strategies; treatment and aftercare support; and implementation of the program into the classroom/building.

1. ATOD Intervention Program - Personnel Responsibilities.

a. Administration has the primary responsibility for implementation of the ATOD intervention program in each school.

b. Student Services staff will perform leadership roles in the implementation of ATOD intervention programs.

c. The principal in each school will identify staff responsible for the planning, implementation, and evaluation of the ATOD intervention program in their school.

d. School staff, including all classified and certificated staff, shall be trained to recognize early symptoms of drug and alcohol use.

2. ATOD Intervention Program – Processes.

a. The principal in each school will be responsible for implementing an ATOD intervention program that contains the following elements:

i. A referral system;

ii. A confidential system of record keeping of ATOD referrals and interventions; and

iii. Procedures for involving staff in the identification of students at high- risk ATOD use.

III. DISCIPLINE

A. General. The unlawful possession, use or distribution of alcoholic beverages, mood or behavior affecting substances, tobacco, e-cigarette type products, drug paraphernalia, and look-a-like drugs on District property or premises or at any of the activities of any school in the District is prohibited.

B. Definitions.

1. “Alcoholic beverages” shall mean any substance subject to the jurisdiction of the Nebraska Liquor Control Commission.

2. “Mood or behavior affecting substances” shall mean alcoholic beverages; controlled substances as defined by Neb. Rev. Stat. §28-401, including but not limited to "uppers,” "downers,” barbiturates, amphetamines, LSD, heroin, hashish, hallucinogenics or cocaine; 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).

3. “Tobacco” shall mean tobacco products used for smoking, chewing, and as snuff.

4. “Distribution” shall mean any sale, transfer, handling, transmitting, administering, or giving of the item in question, with or without an exchange of value.

5. “Drug paraphernalia” shall mean all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance.

6. “Look-a-like” (also known as imitation controlled substances) 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, induced or are intended to induce, persons to believe that the substance is a controlled substance. “Look-a-like” shall include any beverage containing alcohol or a beverage that is represented to contain alcohol.

7. “Possession of a substance” shall mean situations where a student has on his person, within his personal property, within school property assigned to him or under his control, a substance prohibited under this Rule, while on school property or at a school sponsored or school-related activity.

8. “Use of a 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 school property or in attendance at a school-sponsored or school- related activity. 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, and/or physical mobility.

C. Staffing and Other Procedures.

1. Definitive assignments shall be given to staff personnel within each school related to ATOD detection and disciplinary procedures.

a. The principal will be responsible for carrying out this Rule and its supporting procedures within the school.

b. The principal will serve as the coordinator for records, reports and inquiries relating to the school ATOD prevention and disciplinary program.

c. Staff members will advise the school’s administrative staff of any information pertaining to a violation or possible violation of this Rule. Administrative staff members are the principal, assistant principal, and administrative assistant.

d. Any administrative staff member who obtains or generates information concerning a disciplinary matter subject to these provisions shall immediately inform the office of the Director of Student Services. The Director of Student Services shall have the authority to intervene in any case involving the use, abuse or distribution of mood or behavior affecting substances, and may impose conditions or terms for re admittance of the student involved, and shall also have the authority to readmit the student prior to the conclusion of the term, of the suspension or exclusion.

2. The name of any student involved in such a matter will not be released to the general public except as provided by law.

3. The parents or guardian of an involved student shall be contacted and informed.

D. Notification. All students and their parents and guardian shall be given a copy, or a handbook containing a description, of the standards of conduct as described in this Rule or prohibited acts and the description of the disciplinary sanctions which will be imposed for violation of the prohibited acts. The notice to the student, their parents or guardians shall include notice that compliance under the standards of conduct is mandatory.

E. Voluntarily Seeking Help. Information may be received from students and/or parents who voluntarily seek help from school authorities concerning the student’s use of mood or behavior affecting substances before being found to be using or possessing such substances by school or law enforcement officials. This information will be maintained in confidence and will not serve as a basis for disciplinary actions unless the student is currently under investigation for suspected substance use. However, this does not provide immunity from disciplinary actions should these students continue to use, possess, or distribute such substances as provided herein.

F. Community Liaison.

1. The schools will cooperate with the police department by making every effort to identify and report any sources of supply of mood or behavior affecting substances and by developing an inservice instruction program for staff members.

2. The schools will cooperate with the city or county health department and individual health care providers in appropriate health education and health care.

3. The District shall provide to students and their parents and guardians information about any available drug and alcohol counseling, rehabilitation, and re-entry programs.

IV. TREATMENT

 

Counselors will be responsible for ongoing communication and cooperation with community drug treatment personnel and for facilitating the educational programming of students in treatment.

V. AFTERCARE


A. It is important that students returning to school from a community inpatient or outpatient treatment program be given aftercare support. Primary aftercare responsibility for students returning from a treatment program rests with those students, their parents, and community treatment program personnel.

B. School counselors will coordinate with the student, parents, and community treatment personnel to facilitate the aftercare plan at school.

Date of Adoption
July 16, 1990
Date of Revision
July 6, 1998
September 25, 2000
April 21, 2014
Reaffirmed
April 19, 2010

5430: Loss of or Damage to School Property

5430: Loss of or Damage to School Property holly Thu, 07/11/2019 - 13:33


 

Students and their parents shall be responsible for the loss of or damage to school property due to students’ acts or negligence. This responsibility applies in the matter of books, computers, and supplies of all kinds, as well as equipment, buildings and grounds.

Date of Adoption
February 4, 1974
Date of Revision
October 2, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5450: Student Attire and Grooming

5450: Student Attire and Grooming holly Thu, 07/11/2019 - 13:35

Student attire and grooming should be clean and neat. If a student's attire or grooming is disruptive of or interferes with the educational process, creates a threat to the safety or health of the student or others, or is in violation of any governing laws or District policies or rules, it will not be permitted in school. Ideally, the decision regarding attire and grooming will be left to the good judgment and responsibility of the student and the student's parents.

Date of Revision
July 20, 1992
April 21, 1997
October 2, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5450.1: Student Attire and Grooming

5450.1: Student Attire and Grooming holly Thu, 07/11/2019 - 13:38

I. Prohibited Attire and Grooming. Students are required to avoid attire or grooming that disrupts or interferes with the educational process. Attire or grooming which contains the following expressions or which has the following effects is prohibited and will subject the student to disciplinary proceedings: 

A. Vulgar or obscene. Vulgar or obscene expressions are those which the average person, applying contemporary community standards, would find that when taken as a whole, appeal to prurient interests; or, the expressions depict or describe in a patently offensive way sexual conduct in a manner prohibited by applicable law; or, the expressions, taken as a whole, lack serious literary, artistic, political, or scientific value. 

B. Defamatory. Expressions shall be considered defamatory when they include libelous falsehoods about individuals. In order to be defamatory, the libelous falsehood must be made with actual malice; that is, with the knowledge that it is false or with reckless disregard of whether or not it is false. 

C. Invasion of privacy of others. Invasion of privacy includes exploitation of an individual's personality; providing information of an individual's private affairs with which the public has no legitimate concern; or wrongful intrusion into an individual's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. 

D. Criticism of school officials or advocation of violation of District Policies or Rules. Such expressions are prohibited to the extent that there is evidence that supports a reasonable judgment that substantial disruption of or material interference with the normal operation of the school or school activities will result, as provided in Section I (F) below. 

E. Discriminatory. Expressions which attack or promote discrimination against groups or individuals on the basis of race, color, religion, national origin, gender, marital status, disability, or age. 

F. Substantial disruption or material interference with the educational process. Such expressions are prohibited when there is information which causes school administrators to reasonably forecast that a substantial disruption of or material interference with the normal operation of the school or school activities may occur, or injury to persons, damage to property, or interference with the rights of others may result if permitted. 

G. Highly controversial. Expressions that are highly controversial and advance or advocate a certain viewpoint or lifestyle, which has an inflammatory effect. An indication of whether something is controversial is whether the topic would reasonably offend some groups or would be shocking to teachers, parents, and/or students. To be prohibited under this subsection, the expression must substantially interrupt or materially interfere with the educational process. 

H. Sexual harassment. The expression violates District Rule 5420.1 or constitutes prohibited sexual harassment. 

II. Health or Safety Risk. Student attire or grooming which creates a health or safety risk to the student or others is prohibited. Students refusing to immediately change attire or grooming, which creates a health or safety risk to the student or others will subject the student to disciplinary proceedings. 

III. Request for Hearing. Any student who believes that the District has unfairly deprived the student of the student's freedom of expression by the District's refusal to permit the wearing of a certain style of attire or grooming may request a review of the perceived deprivation. The complaining student requesting a hearing must follow the procedures set forth in District Rule 5510.1.

Date of Adoption
July 20, 1992
Date of Revision
April 21, 1997
October 2, 2000
June 7, 2004
September 4, 2012
April 16, 2018
Reaffirmed
November 15, 2010

5460: Student Driving and Parking

5460: Student Driving and Parking holly Thu, 07/11/2019 - 13:43

All motorized vehicles, including, but not limited to motorcycles, mini bikes, motorscooters, go carts, all terrain vehicles, utility vehicles, golf car vehicles, and snowmobiles, shall not be operated on District property except for authorized purposes. Violators will be treated as committing a nuisance and as trespassers upon District property and shall be subject to prosecution under Nebraska Revised Statute § 28-521. 

The Superintendent is directed to post such signs in such places as will give notice of the adoption of this Policy. 

Date of Adoption
February 4, 1974
Date of Revision
October 16, 2000
April 16, 2018
Reaffirmed
November 15, 2010

5460.1: Student Driving and Parking

5460.1: Student Driving and Parking holly Thu, 07/11/2019 - 13:46

I. Permits. 

Only those student-operated vehicles for which car permits have been issued may be parked on school property. The Superintendent and such other employees as the Superintendent may select are authorized and directed to establish criteria for the issuance of car permits, within the framework of this Rule, so that students who have good reasons for driving to school may be able to park their vehicles on the school grounds in the designated areas. 

II. Condition and Insurance. 

All student-operated motor vehicles driven to school and parked on school premises must be in safe operating condition and each driver must certify that the vehicle for which a car permit is requested is legally and properly insured. 

III. Permit Criteria and Regulations. 

A. In the operation of this Rule, every student who has a legitimate need to drive to school is to be permitted to do so, within the limits of the criteria established. Students who refuse to comply with these regulations and restrictions will be subject to disciplinary action including suspension from school. 

B. Students who drive to school and park on school premises must know and obey the following rules: 

1. Each vehicle must be registered each year; 

2. Each vehicle must have a current parking permit displayed; 

3. Vehicles must be parked in assigned areas; 

4. Speeding and careless driving on or near school grounds is prohibited; and 

5. Students are not permitted to sit in vehicles during the school day. 

C. The consequences for parking violations will be in accordance with each school’s student handbook and District Rule 6750.1 (III) ( J) (2). 

Date of Adoption
February 4, 1974
Date of Revision
October 16, 2000
July 1, 2013
April 16, 2018
Reaffirmed
November 15, 2010

5470: Police Questioning and Apprehension

5470: Police Questioning and Apprehension holly Thu, 07/11/2019 - 13:49

School officials shall cooperate with law enforcement officers in pursuance of their official duties.

Law enforcement officers may interview students during school and may remove a student from school pursuant to a warrant, court order, consent of the custodial parent, or for the purposes of taking the student into custody as provided by law.

 

Date of Adoption
March 21, 1988
Date of Revision
July 6, 1998
October 16, 2000
November 19, 2018
Reaffirmed
March 21, 2011

5470.1: Procedures for Law Enforcement Questioning and Apprehension of Students

5470.1: Procedures for Law Enforcement Questioning and Apprehension of Students holly Thu, 07/11/2019 - 13:51

I. General Statement

District personnel shall cooperate and not interfere with law enforcement officers who are acting in their official capacity.

II. Contact by Law Enforcement Officers  

A. Non-Exigent Circumstances.  If a law enforcement officer requests to interview a student or to remove a student from school when no exigent circumstances are present, the following procedures will be followed:

1. When an officer makes contact with a staff member about questioning or apprehending a student, the staff member shall refer the officer to the Office of Student Services. 

2. Student Services will inform the officer of the student's location, and will direct the officer to take the following steps:

a. Report to the principal's office where the student is located;

b. Present the principal with verification of the officer's identity;

c. Provide the principal with the name of the student to be interviewed or apprehended; and

d. To the extent that it can be released, provide the principal with all pertinent information concerning the case.

3. After providing the directions in Section II (A) (2) to the officer, Student Services will inform the principal that an officer is attempting to make contact with the student, and that the officer has been directed to report to the principal.

4. Unless the officer requests otherwise, the principal or principal's designee may be present during the questioning of the student.

5. If the officer determines that the student should be removed from school, District staff will fully cooperate, and the procedures provided in Section III of this Rule shall be followed.

6. Any information or evidence obtained by the District relevant to a matter under investigation should be preserved.  The building principal or principal's designee shall be responsible for adopting or having in place guidelines for preserving relevant information or evidence.

7. The student’s grade level administrator or Student Services shall inform the student's parent(s) or guardian(s) of the law enforcement contact as soon as practicable, unless the case involves suspected child abuse or the officer instructs the District not to contact the student's parent(s) or guardian(s) in which case no contact shall be made. 

B. Exigent Circumstances.  If a law enforcement officer informs a staff member that exigent circumstances exist and/or that an immediate arrest must be made, the District will take whatever steps are necessary to enable the officer to immediately apprehend the student.  The staff member shall inform Student Services of the law enforcement contact as soon as practicable. The student’s grade level administrator or Student Services shall inform the student's parent(s) or guardian(s) of the law enforcement contact as soon as practicable, unless the case involves suspected child abuse or the officer instructs the District not to contact the student's parent(s) or guardian(s) in which case no contact shall be made. 

III. Apprehension by Law Enforcement Officers

A. Procedures In Cases of Suspected Child Abuse or When Instructed Not to Contact Parents.  When a student is apprehended by a law enforcement officer and removed from school, and when the case involves suspected child abuse or the officer instructs that there should be no contact with the parent(s) or guardian(s), the following procedures shall be followed:

1. The principal or principal’s designee shall not notify the student’s parent(s) or guardian(s) of the apprehension.

2. The principal or principal’s designee shall attempt to ascertain from the officer the place where the student is being taken.

3. The principal or principal’s designee shall provide the officer with the address and telephone number of the student’s parent(s) or guardian(s).

4. The principal or principal’s designee shall inform Student Services of the law enforcement apprehension as soon as possible.

B. Procedures In All Other Cases.  In all other cases when a student is apprehended by a law enforcement officer and removed from school, and which do not involve suspected child abuse or the officer does not instruct that there should be no contact with the parent(s) or guardian(s), the following procedures shall be followed:

1. The principal or principal’s designee shall attempt to ascertain from the officer the place where the student is being taken.

2. The principal or principal’s designee shall provide the officer with the address and telephone number of the student’s parent(s) or guardian(s).

3. The principal or principal’s designee shall take immediate steps to notify the student’s parent(s) or guardian(s) regarding the apprehension of the student by the officer and the place to which the student is reportedly being taken.

4. The principal or principal’s designee shall inform Student Services of the law enforcement apprehension as soon as possible.

IV. Law Enforcement Request for Student Records

Student records will be provided only in accordance with applicable law and District Policy.  Student records may be released to  law enforcement officers under the following circumstances:

A. Pursuant to a warrant, court order, or lawfully issued subpoena provided, however, that the District has made a reasonable effort to notify the student and the student's parent(s) or guardian(s) prior to compliance.

B. The records contain only directory information.  Directory information may include the parent’s and student’s name, address, e-mail address, telephone number, date and place of birth, major field of study, current grade level, enrollment status, participation in officially recognized activities and sports, dates of attendance but not including specific daily records of attendance, degrees, honors and awards received, the most recent previous educational agency or institution attended by the student, photographs, and other similar information.

C. The student's parent(s) or guardian(s) has provided written authorization permitting the release.

D. Personally identifiable information from an education record can be disclosed to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Date of Revision
July 6, 1998
October 16, 2000
November 19, 2018
Reaffirmed
March 21, 2011

5480: Search and Seizure

5480: Search and Seizure holly Thu, 07/11/2019 - 13:55


 

Certificated staff members are permitted to search students or students' possessions whenever there is a reasonable suspicion that the student has in the student's possession illegal, or dangerous objects or substances, or any other objects or substances the possession of which is contrary to District policy or governing law, or when necessary for the welfare and well-being of students, the protection of District property, or the administration of District policy. 

School lockers are the exclusive property of the District and may be opened or searched by certificated staff members without notice and without student consent. 

Certificated staff members may seize and take custody of any objects or substances found during a search whenever such objects or substances are dangerous, contrary to law or school policy, or may threaten the welfare of students, school personnel, or District property. 

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1. 

The refusal of a student to consent or submit to a reasonable search and/or to surrender objects or substances found as a result of such search may be grounds for discipline.

Date of Adoption
July 5, 1988
Date of Revision
July 5, 1994
October 16, 2000
May 16, 2011
January 7, 2019
Reaffirmed
December 10, 2010

5480.1: Search and Seizure

5480.1: Search and Seizure holly Thu, 07/11/2019 - 14:00

I. General Statement

Certificated staff are authorized to conduct searches of a student's person, clothing, automobile, and property under a student's control including, but not limited to, purses, handbags, book bags, and briefcases. Certificated staff are also authorized to search student lockers. Certificated staff may take into custody any objects or substances that are illegal under federal or state law, or in violation of District policy or rule.


II. Procedures for Non-District Property

The following procedures shall be followed with respect to searches and seizures under this Rule:

A. Reasonable Searches Permitted. 

1. Searches of non-District property are to be conducted at such times and places as are reasonable under the circumstances. The scope of the search shall likewise be reasonable.

2. Searches can be made under this Rule at any place on District property, at a District event, or at a place under District control or sponsorship.

B. Person, Clothing, Automobiles, Personal Possessions, and Field Trips.

1. A search of a student's person, clothing, automobile, personal property or possessions will only be made if there is reasonable cause to believe that the student has possession or control of dangerous objects or substances that are illegal under federal or state law, or in violation of District policy or rule. 

2. A search of the person, clothing, automobile, personal property or possessions shall be made, whenever practicable, by two certificated staff members. When the search is made of the student's person, the search shall be conducted only by staff members of the same sex as the student being searched.

3. Prior to leaving on a field trip or other off-campus activity sponsored or participated in by the District, the District may search any baggage, purses, or other containers in the possession of or under the control of a District student participating in the field trip or other off-campus activity. In addition, students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

III. District Property

Student Lockers. Student lockers are the exclusive property of the District and the District does not relinquish its control and ownership of lockers by making them available for students. Student lockers are provided to students only for student convenience, and this privilege may be withdrawn by the District at any time. The search and inspection of lockers and the taking into custody of objects or substances which are illegal, dangerous or in violation of District policy or rule may be conducted at any time by certificated staff without notice and without student consent. Whenever practicable, two certificated staff members shall be present at the time locker searches are conducted. 

IV. Alcohol and other Drug Screening and Testing Technology

Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.

V. Enforcement of this Rule 

The refusal by a student to consent to or permit a search, or the refusal to surrender objects or substances which are illegal or violate District policy or rule, may subject such student to suspension, expulsion, or other disciplinary action.

VI. Law Enforcement Authorities 

Police officers and other law enforcement authorities shall be permitted to conduct a search of a student, the student's clothing, and the student's possessions and property on District property, at a District event, or at a place under District control whenever such officers or authorities:

A. Possess a judicial order providing for the same; 

B. Are otherwise authorized by law to make a search; or 

C. Exigent circumstances exist. 

D. Neither school officials nor staff members shall participate directly or indirectly in any search or actions relating thereto conducted by a police officer or law enforcement official.

Date of Adoption
July 13, 1988
Date of Revision
July 5, 1994
June 16, 1997
October 16, 2000
May 16, 2011
January 7, 2019
Reaffirmed
December 10, 2010

5480.2: Searches by Drug Detection Dogs

5480.2: Searches by Drug Detection Dogs holly Thu, 07/11/2019 - 14:03

I. Purpose

The District shall use trained drug detection dogs to detect illegal drugs or contraband on school property. The purpose of the District's use of drug detection dogs is to respond to the problem of illegal drugs and contraband on school property, and to maintain a safe school environment conducive to learning. 

II. Types of Searches

A. Search of Property. Drug detection dogs may be used to sniff the air in or around vacant classrooms, vacant common areas, student lockers, and automobiles parked on school property. If the dog alerts to a particular locker, car, and/or an object(s) in a vacant classroom or other vacant common areas, it may be searched. If the dog alerts to a student's car, the student will be asked to unlock the car doors and trunk for an internal inspection. If the student refuses to unlock the car or trunk, the student's parents or guardian shall be notified of the student's refusal. 

B. Search of Students. Drug detection dogs will not be used for random sweep searches of students, and will only be allowed to sniff an individual student if there is sufficient cause to believe that the student possesses illegal drugs or other contraband. If sufficient cause exists and the drug detection dog alerts to a student suspected of having illegal drugs or contraband, the student's outer garments and/or purse or personal belongings shall be subject to search. If a pat search is necessary, it will be conducted by someone of the same sex as the suspected student. 

III. Notice of Use of Sniffer Dogs

District students and their parents or guardian will be notified annually of the District's use of drug detection dogs. The notice will include the following information: 

A. That the District may use drug detection dogs to detect illegal drugs and/or contraband at any time, announced or unannounced. 

B. That lockers remain under the jurisdiction of the District, and that although lockers are used by students during the school year, lockers are owned by the District and are subject to a drug detection dog search at any time. That illegal objects or substances found in lockers may be seized. 

C. That all cars parked on school property shall be subject to a drug detection dog search at any time, and that illegal objects or substances may be seized. 

D. That students shall be subject to a drug detection dog search if there is sufficient cause to believe that a student possesses illegal drugs or contraband. 

E. That classrooms and all common areas are subject to a drug detection dog search at any time whenever students are not present. 

F. That if any illegal drugs or contraband are found on a student's person, or in his/her automobile, locker, or any other place on school property that the student has placed illegal drugs or contraband, the student may be subject to appropriate disciplinary action, including suspension or expulsion. 

G. That students' parent(s) or guardian(s) shall be notified if illegal drugs or contraband are discovered. 

IV. Disciplinary Action

 Students who are found to be in violation of this Rule shall be subject to appropriate disciplinary action, including short-term suspension, emergency exclusion, long-term suspension, mandatory reassignment, expulsion, and/or curtailment from extracurricular activities. 

V. Definitions

A. Alerts to shall mean an indication by the drug detection dog that the odor of an illegal drug or contraband is in the air or upon a student. 

B. Contraband shall mean all items prohibited by federal, state, or local law, or by District policy or Rule from being brought onto school property including, but not limited to, drug paraphernalia as defined in District Rule 5410.1, guns, and knives. 

C. Illegal drugs shall mean those substances defined in District Rule 5410.1 under Section III (B) (2) "Mood or behavior affecting substances", and any other drug which is illegal according to federal, state or local law. 

D. Outer garments shall mean all clothing except the student's undergarments. 

E. Sufficient cause shall mean "reasonable cause" in the event the search is conducted by certificated staff of the District or its authorized agent, or "probable cause" if the search is conducted by police officers or other law enforcement authorities. 

Date of Adoption
June 16, 1997
Date of Revision
October 16, 2000
January 7, 2019
Reaffirmed
December 20, 2010

5490: Use of Alcohol and other Drug Screening and Testing Technology

5490: Use of Alcohol and other Drug Screening and Testing Technology holly Thu, 07/11/2019 - 14:42

The District will provide students with the opportunity to obtain an education and participate in school sponsored events and activities in a safe, healthy, and orderly environment free of alcohol and other drugs. Accordingly, the District may use alcohol and other drug screening and testing technology in order to ensure a safe environment at school and at school sponsored events and activities. 

The District may use such alcohol and other drug screening and testing technology with students before they may enter or exit a school sponsored event or activity, or prior to leaving on a field trip or other off-campus event or activity sponsored by the school.

When reasonable suspicion exists that a student has consumed or possesses alcohol or any other type of drug in violation of District policy, the student will be advised of the suspicion. As part of the investigation, District personnel may conduct field tests using technology available to them for the determination of whether or not a student has consumed or is under the influence of, or in possession of alcohol or other drugs.

Date of Adoption
March 6, 1995
Date of Revision
August 19, 1996
October 16, 2000
September 2, 2008
May 16, 2011
November 19, 2018

5490.1: Use of Alcohol and other Drug Screening and Testing Technology

5490.1: Use of Alcohol and other Drug Screening and Testing Technology holly Thu, 07/11/2019 - 14:46

I. Procedures

The following procedures govern the use of alcohol and other drug screening and testing technology by school administrators. 

A. The District may require all students to submit to alcohol screening before they may enter or exit a school sponsored event or activity, or prior to leaving on a field trip or other off-campus event or activity sponsored by the school. Such screening devices may be used to sample students' breath and any liquid-carrying containers. If such screening has positive results, then there shall be a second screening. If such second screening again has positive results, then there is a reasonable suspicion that the student has violated the District's alcohol policy and the student may be subjected to a field test. 

B. Students suspected of violating the District's alcohol and other drugs policy may be subjected to a field test. Refusal to consent or submit to a field test may be grounds for discipline. 

C. If a field test is positive for alcohol and/or other drugs, the positive results will be used as evidence in any disciplinary procedures against the student. 

D. Results of field tests, refusal to consent or submit to a field test, and other information will be used by the administration in determining disciplinary action. 

E. Student field test results for alcohol or other drugs will be made available to the student's parents or guardian. Screening results for students entering or existing school sponsored events or activities, or for students leaving on a field trip or other off-campus event or activity, will not be shared with parents unless such results are positive. 

F. If a student screens or tests positive for alcohol or other drug use, they will be released from school or any school sponsored event or activity, only to the student's parents or guardian or an adult designated by the student's parents or guardian. 

G. Staff, students, and parents will be notified annually of these procedures. 

H. Field screening and testing devices will only be administered by school administrators appropriately trained as provided by the manufacturer of the field screening and testing devices. 

I. Field screening and testing devices will be tested for accuracy and calibrated as necessary as provided by the manufacturer. 


II. Annual Report to Board 

A report summarizing all field screening and testing will be annually presented to the Board. 

III. Definitions 

A. Screening, field screening, and screening technology shall mean a passive alcohol detecting device which is a non-invasive high speed instrument which can be used for overt or covert alcohol detection, which is administered for students entering or existing school sponsored events or activities, or for students leaving on a field trip or other off-campus event or activity. 

B. Testing, field testing, and testing technology shall mean an active alcohol or other drug detecting device which is administered when there is reasonable suspicion that a student has violated the District's alcohol or other drug policies. 

Date of Adoption
March 6, 1995
Date of Revision
August 19, 1996
October 16, 2000
September 2, 2008
May 16, 2011
November 19, 2018

5495: Corporal Punishment and Physical Contact

5495: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:50

Corporal punishment shall not be used to discipline students. Reasonable physical, protective force may be used by staff members when it is immediately necessary to protect himself or herself, to protect other persons against the use of unlawful force, to protect a student from harming himself or herself, or to prevent an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, moveable property. Reasonable and incidental physical contact may be used by staff members when it is not intended to punish a student for disapproved behavior and is instead intended to promote personal interaction with a student or to preserve order or protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011

5495.1: Corporal Punishment and Physical Contact

5495.1: Corporal Punishment and Physical Contact holly Thu, 07/11/2019 - 14:52

I. Corporal Punishment Prohibited

Corporal punishment shall not be used to discipline students. 

II. Corporal Punishment Defined

Corporal punishment is the infliction of bodily pain as a penalty for disapproved behavior. Corporal punishment does not, as hereinafter provided in Sections III and IV, include any and all physical force or physical contact. 

III. Allowable Physical Force

Reasonable, protective physical force may be used by a staff member in the following circumstances. 

A. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting himself or herself against the use of unlawful force. 

B. When the use of reasonable, protective force is justifiable to protect a third person. To be justifiable to protect a third person, the staff member must believe that he or she would be justified in using such protective force to protect himself or herself in such circumstances, that the third person would be justified in using such protective force, and that intervention is necessary for the protection of the third person. 

C. When the staff member believes that reasonable, protective physical force is immediately necessary for the purpose of protecting a student from inflicting physical harm or otherwise injuring the student’s own self. 

D. When the staff member believes that reasonable, protective physical force is immediately necessary to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful removal of tangible, movable property, provided that such land or movable property is, or is believed by the staff member to be, in his or her possession or in the possession of another person for whose protection the staff member acts. 

IV. Allowable Physical Contact

 Reasonable and incidental physical contact, which is not intended to punish a student for disapproved behavior, may be used by staff members in the following circumstances. 

A. When it is intended and used to provide personal and instructional interaction with a student. 

B. When it is intended and used to aid a student, further school purposes, or prevent interference with the educational process. 

C. When it is intended and used to maintain order and control. 

 

D. When it is intended and used to protect persons or property from harm.

Date of Adoption
July 5, 1988
Date of Revision
March 5, 2001
November 19, 2018
Reaffirmed
February 21, 2011

5510: Freedom of Expression

5510: Freedom of Expression holly Thu, 07/11/2019 - 14:58

Students are encouraged to freely express their opinions and ideas provided, however, that due regard is given to good taste, District Policy and Rule, and the District's need to provide a learning environment free from substantial disruption, material interference, and injury to the rights of others.

Date of Adoption
July 5, 1988
Date of Revision
April 21, 1997
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5510.1: Freedom of Expression

5510.1: Freedom of Expression holly Thu, 07/11/2019 - 15:00

I. Prohibited Expressions. Students have the right to freely express their opinions and ideas under the First Amendment. This right, however, is not unlimited, and students are prohibited from using the following types of expression:

A. Vulgar or obscene. Vulgar or obscene expressions are those which the average person, applying contemporary community standards, would find that when taken as a whole, appeal to prurient interests; or, the expressions depict or describe in a patently offensive way sexual conduct in a manner prohibited by applicable law; or, the expressions, taken as a whole, lack serious literary, artistic, political, or scientific value. 

B. Defamatory. Expressions shall be considered defamatory when they include libelous falsehoods about individuals. In order to be defamatory, the libelous falsehood must be made with actual malice; that is, with the knowledge that it is false or with reckless disregard of whether or not it is false. 

C. Invasion of privacy of others. Invasion of privacy includes exploitation of an individual's personality; providing information of an individual's private affairs with which the public has no legitimate concern; or wrongful intrusion into an individual's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities. 

D. Criticism of school officials or advocation of violation of District Policies or Rules. Such expressions are prohibited to the extent that there is evidence that supports a reasonable judgment that substantial disruption of or material interference with the normal operation of the school or school activities will result, as provided in Section I (F) below.

E. Discriminatory. Expressions which attack or promote discrimination against groups or individuals on the basis of race, color, religion, national origin, gender, marital status, disability, or age.

F. Substantial disruption or material interference with the educational process. Such expressions are prohibited when there is information which causes school administrators to reasonably forecast that a substantial disruption of or material interference with the normal operation of the school or school activities may occur, or injury to persons, damage to property, or interference with the rights of others may result if permitted. 

G. Highly controversial. Expressions that are highly controversial and advance or advocate a certain viewpoint or lifestyle, which has an inflammatory effect. An indication of whether something is controversial is whether the topic would reasonably offend some groups or would be shocking to teachers, parents, and/or students. To be prohibited under this subsection, the expression must substantially disrupt or materially interfere with the educational process.

H. Sexual harassment. The expression violates District Rule 5420.1 or constitutes prohibited sexual harassment.

II. Buttons, Badges, and Armbands. It will be a violation of this Rule if expressions prohibited under the preceding Section I of this Rule are contained on buttons, badges, armbands, or clothing, or are in some other manner displayed by a student or student group.

III. Bulletin Boards, Distribution of Printed Material, and Circulation of Petitions. It will be a violation of this Rule if expressions prohibited under Section I of this Rule are contained on a bulletin board, printed material, poster, e-mail, class assignment, or any other written or electronic medium.

IV. Request for Hearing. Any student or student group believing that the District has unfairly abridged the student’s or student group’s freedom of expression, may request a review of the perceived abridgment. The following procedures shall be followed by the student or student group and the District:

A. The student or student group shall make a written request to the school principal or principal's designee. The written request will include the expression that the student or student group believes is being abridged. 

B. The principal or principal's designee shall schedule a meeting within five (5) school days of receipt of the written request. The meeting will consist of the principal or principal's designee, the student or representative of the student group and, if desired by the student or student group, the student's or student group's representative's parent.

C. Within two (2) school days of the meeting, the principal or principal's designee shall make a written determination of whether or not the student or student group's freedom of expression has been unfairly abridged. The written determination shall be mailed to the student or student group's representative's home address. 

D. If the student or student group is dissatisfied with the principal's or principal's designee's determination, the student or student group may appeal the determination by making a written appeal to the Superintendent within five (5) school days of receipt of the principal's or principal's designee's determination. The appeal shall consist of the following:

1. The student's or student group's written request to the principal;

2. The principal's or principal's designee's written determination; and 

3. A statement of why the student or student group believes that the determination of the principal or principal's designee is in error. 

E. The Superintendent or Superintendent's designee may schedule a meeting with the student or a representative of the student group if the Superintendent or Superintendent's designee deems it necessary or desirable. Within five (5) school days of receipt of the appeal, the Superintendent or Superintendent's designee shall make a written disposition of the appeal. The written disposition shall be mailed to the student's or student group's representative's home address. 

F. If the student or student group is dissatisfied with the Superintendent's or Superintendent's designee's determination, the student or student group may appeal the determination by making a written appeal to the District’s Board by delivering a written appeal to the Board Secretary within five (5) school days of receipt of the Superintendent or Superintendent's designee's written disposition. The written appeal shall consist of the following:

1. The appeal documents delivered to the Superintendent; and 

2. The Superintendent or Superintendent's designee's written disposition. 

G. The Board will schedule the matter for a hearing at either the next regularly scheduled Board meeting, or the meeting following the next regularly scheduled Board meeting unless the parties agree to an alternative date.

H. The Board hearing will permit both the student or student group and the administration to present evidence and argument in a manner designed to enable both parties to fully disclose their position. 

I. Within five (5) school days of the Board hearing, the Board will render a written decision of the appeal. The written decision shall be mailed to the home address of the student or the student group's representative. The decision of the Board shall be final.

Date of Adoption
April 21, 1997
Date of Revision
April 2, 2001
June 7, 2004
September 4, 2012
Reaffirmed
June 1, 2009

5510.2: Bulletin Boards, Printed Materials and Petitions

5510.2: Bulletin Boards, Printed Materials and Petitions holly Thu, 07/11/2019 - 15:05

I. Bulletin Boards. The building principal shall have direct control over the use of bulletin boards and may designate certain bulletin boards for school announcements. Ample bulletin board space shall be provided for the use of student organizations. Space may also be made available for notices relating to out-of-school activities. A. Bulletin boards shall be used by curriculum related student clubs and non- curriculum student groups only to disseminate information about and/or notices of meetings and activities of the clubs or groups. 

B. The following limitations apply to all bulletin board postings: 

1. No notices or other materials shall be posted on a bulletin board which contains subject matter within the restricted categories of District Rule 5510.1. 

2. Identification of the student or student group issuing same shall be required on any posted notice. 

3. The school shall require that notices or other communications be dated at posting and that such materials be removed after the notice is no longer timely and in no event later than two (2) weeks after being posted. 

II. Distribution of Printed Material and Circulation of Petitions. Students may be permitted to distribute handbills, leaflets, and other printed material and to collect signatures on petitions concerning either school or out-of-school issues, whether such materials are produced within or outside the school, in accordance with the following regulations: 

A. The time of such activity shall be limited to periods before school begins, after dismissal, and during lunch time, and such activity shall be in areas designated by the principal, if such limitations are necessary to prevent interference with the school program. 

B. The place of such activity shall be reasonably restricted so as to permit the normal flow of traffic within the school, at exterior doors, and in such a manner not to create a safety hazard. 

C. The activity shall be conducted in such a manner so as to prevent levels of noise which interfere with the use of the building for school purposes, and to prevent the use of coercion in obtaining signatures on petitions. 

D. The school shall require that all printed materials and petitions distributed or circulated on school property bear the name of the sponsoring student or student club. 

E. The school shall prohibit the distribution of all printed materials and petitions within the restricted categories of District Rule 5510.1. 

III. Request for Hearing. Any student or student group believing that the District has unfairly abridged the student’s or student group’s freedom of expression under this Rule, may request a review of the perceived abridgement pursuant to the procedures in District Rule 5510.1 (IV). 

Date of Revision
August 20, 1990
April 2, 2001
Reaffirmed
June 1, 2009

5520: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings

5520: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings holly Thu, 07/11/2019 - 15:08

The District shall not deny equal access or a fair opportunity to, and shall not discriminate against any District secondary school students who wish to conduct a non-curriculum related student group meeting on school premises and during non-instructional time, on the basis of the religious, political, philosophical, or other content of the speech at such meeting. Such meetings shall comply with the rules established by the District and the building principal.

Date of Revision
August 20, 1990
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5520.1: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings

5520.1: Equal Access: Non-Curriculum Related Secondary School Student Group Meetings holly Thu, 07/11/2019 - 15:10

I. General Statement. The District shall provide equal access or a fair opportunity to, and shall not discriminate against, any District secondary school students who wish to conduct a non-curriculum related student group meeting on school premises and during non-instructional time, on the basis of the religious, political, philosophical, or other content of the speech at such meeting. 


II. Rules Governing Applications for Equal Access by Non-Curriculum Related Secondary School Student Groups. 

A. District secondary school students who desire to use District premises for a non-curriculum related student group meeting, must file a written application on forms provided by the District, with the building principal. The application shall include the name of the student group, the specific purpose of the student group, the proposed activities of the meeting, and the names of the students who are authorized on behalf of the student group to submit the application, who will be responsible for any damage to school property, and with whom the building principal can communicate with regard to the applicable rules and any violations thereof. All such applications must be initiated by District secondary school students. 

B. The application must be submitted at least three (3) days before the date of the requested use. Applications may be for periodic dates, or for more than one (1) date, or for continued use, but the application shall not exceed the current school year. 

C. If the application is approved, the building principal shall designate and assign the rooms or other facilities to be used for the student group meeting or meetings, and if the application is for more than one (1) date, the building principal may establish such other reasonable conditions as may be appropriate for the scheduling of the use of rooms or other facilities. 

D. An application shall not be denied on the basis of the religious, political, philosophical, or other content of the speech at the meeting. An application may be denied when there exists a reasonable likelihood of material and substantial interference with the orderly conduct of educational activities within the school, or if the meeting or any expected activities of the student group at the meeting are or will be in violation of any law or ordinance. 

E. The approval of an application may be temporarily or permanently terminated by the building principal, if the student group materially and substantially interferes with the orderly conduct of educational activities within the school, if the activities of the student group violate any law or ordinance, if the student group has abused school property, or if the student group violates any provisions of this Rule. 

F. If a student’s or student group’s application is denied or temporarily or permanently terminated, the student or student group may request a hearing in accordance with the provisions of Section VI hereinafter. 

III. Rules Governing Meetings. 

A. The meetings of non-curriculum related secondary school student groups shall be held at assigned times during the non-instructional times either before actual classroom instruction begins or after actual classroom instruction ends. 

B. Student participation in the meetings of non-curriculum related secondary school student groups shall be voluntary and shall be limited to those individuals who are then currently enrolled as students at the school. 

C. Non-school persons may not direct, conduct, control, or attend the meetings of non-curriculum related secondary school student groups. 

D. The building principal may appoint a District employee to serve as a monitor for such meetings. The monitor shall be responsible for monitoring such meetings so as to assure that attendance is voluntary, that the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school or violate any law, ordinance, or provisions of this Rule, that school property is not abused, and that order and discipline are maintained. Monitors shall attend such meetings only in a non-participating capacity. No District employee shall be compelled to be a monitor for any such meeting if the content of the speech at the meeting is contrary to the beliefs of the employee. 

E. The meetings of non-curriculum related secondary school student groups shall not be sponsored by the school, District, or District employees or agents. 

IV. Athletic Activities. The use of District buildings or facilities for athletic activities or contests shall not constitute a meeting of a non-curriculum related secondary school student group for which equal access is provided under this Rule. 

V. Access to Bulletin Boards, Public Address System, and Newspaper. Non- curriculum related secondary school student groups shall have equal access to the use of the building’s bulletin boards, public address system, and school newspaper, for the publication of notices about the meetings of such student groups. Access to the public address system shall be at the times prescribed for such announcements by the building principal. Access to space in the school newspaper shall be on an as available basis. Access to bulletin boards shall be provided in accordance with District Rule 5510.2(I). 

VI. Request for Hearing. Any student or student group believing that the District has denied the student or student group equal access under this Rule may request a review of the perceived denial pursuant to the procedures in District Rule 5510.1(IV).

Date of Revision
August 20, 1990
April 2, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5530: Respect for Religious Beliefs and Customs

5530: Respect for Religious Beliefs and Customs holly Thu, 07/11/2019 - 15:13
   

Religious beliefs of individuals and the preservation thereof shall be respected by all District personnel. Students holding few or no religious beliefs shall have this right respected equal to the respect bestowed upon those students possessing a specific set of religious beliefs.

 

Date of Revision
July 20, 1992
May 21, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5530.1: Recognition of Religious Beliefs and Customs and Exclusion from Participation

5530.1: Recognition of Religious Beliefs and Customs and Exclusion from Participation holly Thu, 07/11/2019 - 15:16

I. Respect for Religious Beliefs and Customs

All District personnel shall respect the private religious beliefs and customs of students. 


II. Exclusion from Participation

If any school program, practice or instruction infringes upon a student’s religious beliefs or customs, then upon written request for exclusion by the student’s parent or guardian, such student may be excused by the principal from participation in that part of the program, practice or instruction which infringes upon the student’s religious beliefs or customs. 

Date of Revision
August 20, 1992
May 21, 2001
July 10, 2017
Reaffirmed
June 1, 2009

5550: Open/Closed Campus

5550: Open/Closed Campus holly Thu, 07/11/2019 - 15:19

Students shall attend school from the beginning of each school day until the end of each school day, unless otherwise excused in accordance with District Policy or Rule.

Students, after arrival for morning classes will not, without permission of the principal or the principal’s designee, leave the campus for any purpose until they have completed their school requirements for the day. Exceptions may be granted as provided by District Policy or Rule.

Date of Revision
December 20, 1993
March 16, 1998
April 24, 2000
February 6, 2017
Reaffirmed
June 1, 2009

5550.1: Open/Closed Campus

5550.1: Open/Closed Campus holly Thu, 07/11/2019 - 15:22

I. Students who are enrolled and attending school within the District are required to attend school each day from the beginning of the school day until the end of the school day unless otherwise excused as provided by law or District Policy or Rule. 


“Open Campus” as used herein shall refer to those school buildings wherein those students attending school within the District may be permitted to leave the school grounds during the school day. 

II. Elementary and Middle Schools 

A. Elementary and middle school students will not be permitted to leave school during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. 

B. Parents or guardians of elementary or middle school students may request that their child be permitted to leave school for lunch. Such request must be written and submitted to the school principal or the principal’s designee, and such request will normally be granted if the student is able to leave and return to school without missing any class time. 

III. High Schools 

A. Ninth, Tenth and Eleventh Grades. Campuses for ninth, tenth and eleventh grades are closed and students will not be permitted to leave school during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. 

B. Twelfth Grade. Open Campus Privileges. Twelfth grade students who have the written consent of their parents or guardians may leave the school grounds during time periods when they have no classes scheduled, including lunch periods. Such students must remain at school during all other time periods during the school day unless they have permission for an excused absence for all or part of the school day from the school principal or principal's designee as provided in District Policy or Rule. Seniors must take a minimum of four classes (two block periods) each semester. 

C. Part-time Students (students who have completed a four-year cycle). Part-time students will develop a schedule with the building principal to meet their remaining graduation requirements. 

D. Parents' Revocation. Parents or guardians of twelfth grade students may revoke their written consent permitting students to leave school at any time. 

IV. Parental Request for Student Absence. Parents or guardians may make a written request to the school principal or principal's designee to allow a student to leave school if there are unusual circumstances that would justify a student leaving school. 

V. Disciplinary Action. Upon the recommendation of the administration, the District may initiate the suspension and expulsion procedures set forth in District Rule if a student violates the provisions of this Rule.

Date of Adoption
December 20, 1993
Date of Revision
March 16, 1998
April 24, 2000
July 15, 2001
February 6, 2017
Reaffirmed
June 1, 2009

5600: Student Health

5600: Student Health holly Fri, 07/12/2019 - 08:00

The District will provide an environment that promotes healthy conditions for students which is intended to: eliminate or minimize the risk of obtaining an infectious disease or illness; identify safety concerns for the purpose of eliminating accidents; respond to life-threatening asthma and systemic allergic reactions; prevent unauthorized use of medications on school grounds or at school activities; keep relevant medical information in order to respond to medical emergencies; and comply with applicable laws and regulations concerning student health and safety.

Date of Adoption
February 4, 1974
Date of Revision
November 20, 1995
December 4, 2000
December 15, 2003
July 10, 2017
Reaffirmed
June 15, 2009
July 8, 2019

5600.1: Injury and Illness

5600.1: Injury and Illness holly Fri, 07/12/2019 - 08:03

 

I. Injury. In cases of student injury, the following procedures will be implemented:

A. The student will be made comfortable and not moved until attended by District personnel who have been trained in first aid. The principal, school nurse, or health aid will be notified.

B. Call 911 immediately when in the judgment of the principal, the school nurse, or a staff member trained in first aid, the injury requires the attention of emergency medical personnel. District personnel will remain with the student whenever practical until relieved or excused by emergency medical personnel.

C. Unless the injury is of a minor nature that does not require first aid, the student's parents or guardian will be notified.

1. When the parents or guardian are notified of injuries resulting from an accident, they will be told what has happened and what has been done.

2. In addition, the parents or guardian will be given any other relevant information that the District possesses.

3. If the parents or guardian cannot be reached, the student's emergency contact person will be notified.

D. An accident resulting in injury considered to be more than minor in nature requires the completion of a District accident report and the incident will be reported to the building principal or nurse and the Director of Student Services.

II. Illness. In cases of student illness, the following procedures will be implemented:

A. Call 911 immediately when in the judgment of the principal, the school nurse, or a staff member trained in first aid, the illness requires the attention of emergency medical personnel. District personnel will remain with the student whenever practical until relieved or excused by emergency medical personnel or when trained District personnel respond in accordance with procedures for life-threatening asthma attacks and systemic allergic reactions and they are relieved by emergency medical personnel.

B. Unless the illness is of a minor nature that does not require first aid, the student's parents or guardian will be notified.

1. When the parents or guardian are notified of an illness, they will be told what has happened and what has been done.

2. In addition, the parents or guardian will be given any other relevant information that the District possesses.

3. If the parents or guardian cannot be reached, the student's emergency contact person will be notified.

C. Except in cases of minor illnesses, illnesses will be reported to the building principal or nurse and the Director of Student Services.

III. Definitions.

A. Emergency medical personnel. Emergency medical personnel shall mean medical personnel who can respond to a medical emergency.

B. Minor injury. Minor injury shall mean an injury which does not require the attention of a physician, an advanced practice registered nurse, or a physician's assistant; is not life threatening; does not pose a health risk,; and can be effectively treated with first aid which can be performed by a school nurse or a health aid who has been trained in first aid.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

D. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

E. Physician assistant. Physician assistant shall mean individuals who are 
licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

Date of Adoption
February 4, 1974
Date of Revision
November 20, 1995
December 4, 2000
December 15, 2003
June 15, 2009
May 4, 2014
July 8, 2019

5600.2: Possession and Use of Medication

5600.2: Possession and Use of Medication holly Fri, 07/12/2019 - 08:09


I. General Statement. Prescribed medication shall not be brought to school unless the written directions of a physician, physician assistant, or advanced practice registered nurse state that the prescribed medication must be taken during school hours or during school activities.

II. Rules for all Medications.

A. Preschool, Elementary and Middle School Levels. The following rules shall apply to the use, application, and transportation of all medications at the preschool, elementary school, and middle school levels.

1. Non-Prescribed Medication. A written authorization must be signed by the student's parents or guardian and filed with the school nurse or principal permitting the use of non-prescribed medication.

2. Prescribed Medication. The student or the student's parents or guardian must provide the school nurse or principal with a written order of a physician, physician assistant, or advanced practice registered nurse that prescribes the type and amount of medication. A current prescription label will satisfy the requirements of this paragraph. In addition, a written authorization permitting the use of medication must be signed by the student's parents or guardian and filed with the school nurse or principal.

3. Taking of Non-Prescribed and Prescribed Medication. The ingestion, taking, or application of non-prescribed and prescribed medications, including nebulizers, shall be performed under the direct supervision and observation of the school nurse, principal, or principal's designee, who shall have successfully completed a District competency assessment pursuant to the Medication Aide Act and applicable state rules and regulations, will be administered as directed on the manufacturer’s label, as directed by the student's physician, physician assistant, or advanced practice registered nurse. The school nurse or health room paraprofessional may assist a student with eye drops or eardrops if the school nurse or health room paraprofessional deems it appropriate or the student is unable to effectively administer such. If the student’s parents or guardian have given written authorization, students will be allowed to possess and/or ingest glucose tablets as needed anywhere on school grounds.

4. Homeopathic Substances, Herbs, and Vitamins. Homeopathic substances, herbs, and vitamins shall not be administered by school staff unless prescribed by a physician, physician assistant, or advanced practice registered nurse and dispensed by a pharmacist or other person authorized by law. Homeopathic substances, herbs and vitamins, whether prescribed or non- prescribed, shall be subject to the same restrictions and requirements as prescribed medications.

5. Transporting Medications to and from School.

a. Preschool and Elementary Schools. In the preschool and elementary schools, students shall not be allowed to transport non-prescribed or prescribed medications to and from school with the exception of glucose tablets. Elementary school students may possess and use inhalers according to the provisions of Section II(F)(1) of this Rule. Non-prescribed or prescribed medications must be transported by the student’s parents or guardian or by an adult designated in writing by the parents or guardian, and must be delivered to the school nurse, principal, or the principal’s designee.

b. Middle School. Middle school students shall not be allowed to transport prescribed medications to and from school with the exception of glucose tablets. Middle school students may possess and use inhalers according to the provisions of Section II(F)(1) of this Rule. Prescribed medications must be transported by the student’s parents or guardian or by an adult designated in writing by the parents or guardian. Non- prescribed medications may be transported by middle school students to and from school but must be delivered to the school nurse, principal, or the principal’s designee.

B. High School. The following rules shall apply to the use and application of medications at the high school level.

1. Non-Prescribed Medication. No written authorization shall be required for non-prescribed medication. However, if a teacher, principal or school nurse observes frequent or inappropriate use by a student of non-prescribed medication, the school may require the following:

a. Written authorization by the student's parents or guardian permitting the possession and use of the non-prescribed medication; and/or

b. A written statement signed by a physician, physician assistant, or advanced practice registered nurse permitting the use of the non-prescribed medication.

2. Prescribed Medication. If prescribed medication is to be ingested, taken or applied, the following shall be required:

a. The medication shall be delivered to the school nurse, principal, or principal's designee;

b. A written authorization signed by the student's parents or guardian permitting the possession and use of the medication shall be filed with the school nurse or principal;

c. The school nurse or principal shall be provided with the written order of a physician, physician assistant, or advanced practice registered nurse prescribing the medication, and its dosage; and

d. The ingestion, taking or application of prescribed medication, including nebulizers, shall be performed under the direct supervision and observation of the school nurse, principal, or principal's designee, who shall have successfully completed a District competency assessment pursuant to the Medication Aide Act and applicable state rules and regulations, and as directed by the physician, physician assistant, or advanced practice registered nurse. If the student’s parents or guardian have given written authorization, students will be allowed to possess and/or ingest glucose tablets as needed anywhere on school grounds and to possess and administer inhalers according to the provisions of Section II(F)(1) of this Rule.

3. Homeopathic Substances, Herbs, and Vitamins. Homeopathic substances, herbs, and vitamins shall not be administered by school staff unless prescribed by a physician, physician assistant, or advanced practice registered nurse and dispensed by a pharmacist or other person authorized by law. Homeopathic substances, herbs and vitamins, whether prescribed or non- prescribed, shall be subject to the same restrictions and requirements as prescribed medications.

C. Administration of Injections. Only school nurses and school personnel who have been trained to administer the Epi-Pen or Glucagon and are giving injections in emergency life-saving situations may administer injections at school.

1. Glucagon Injections. If a student requires administration of Glucagon in an emergency diabetic attack, school personnel will call 911. The Glucagon will be provided by the student’s parents or guardian. School personnel other than the school nurse may administer Glucagon injections only in emergency situations if they are trained by qualified personnel.

2. Epi-pen Injections. Students may use/carry Epi-Pens without supervision or monitoring by the school nurse or principal. The Epi- Pen must be a prescribed medication and the school nurse or principal shall have received written permission from the student’s parents or guardian as well as a written order from a physician, physician assistant, or advance practice registered nurse. All other injections that are given in response to an emergency should be given by a school nurse if available. An emergency medical unit and the student's parents or guardian shall be called.

3. Other Injections. If a student requires any injections during the school day, students may administer injections in the nurse’s office or an area designated by the principal or the principal’s designee. Parents may request that a school nurse administer injections if the student is incapable of self-administration. Parents shall submit requests to the Director of Student Services.

D. Record Keeping.

1. Authorization and Medical Directions File. The school nurse, principal, or principal's designee for each school shall keep a file which shall contain the following:

a. All authorizations required under this Rule;

b. All orders or instructions from a physician, physician assistant, or advanced practice registered nurse;

c. The dates that authorizations and/or orders of a physician, physician assistant, or advanced practice registered nurse are received; and

d. The date that medication is delivered to the nurse, principal, or principal's designee.

2. Daily Medication Documentation. In each school, a daily medication log shall be kept which shall contain the following:

a. The student's name;

b. The type of medication the student is authorized to have;

c. The dosage or directions for ingestion, taking, or application of the medication;

d. The name of the person supervising the student who is taking the medications

e. The time the medication is administered; and

f. Any refusal by the student to take and/or receive the medication.

E. Medical Information to be Provided to the District.

1. Medical Allergies, Seizures, and Susceptibility to Illness. If a student is either allergic to a certain medication or is prone to seizure or other illness, the student's parents, guardian, physician, physician assistant, or advanced practice registered nurse shall provide the District, in writing, with the following information on or by the first day of school:

a. The name of the medications to which the student is allergic;

b. The serious illnesses to which the student is susceptible; and

c. If the student is susceptible to an illness, what steps are to be taken by school personnel in the event the illness occurs.

2. Injections for Medical Emergencies. If a student is required to receive an injection for a medical emergency, the student's parents, guardian, physician, physician assistant, or advanced practice registered nurse shall notify the school, in writing, and provide the following information on or by the first day of school:

a. The name of the medication and its dosage; and

b. The method of administration (subcutaneous, intramuscular, intravenous, etc.).

F. Miscellaneous Provisions.

1. Inhalers. Students may use/carry inhalers without supervision or monitoring by the school nurse or principal. The inhaler must be a prescribed medication and the school nurse or principal shall have received written permission from the student's parents, guardian, as well as a written order from a physician, physician assistant, or advanced practice registered nurse. This statement shall also include directions of appropriate inhaler usage. If school personnel observe a student using an inhaler in excess of the directions on the inhaler or with a frequency which would be considered unreasonable, it shall be reported to the school nurse or principal in which case the student's use of the inhaler shall be supervised by the school nurse or principal.

2. Containers. All medication shall be kept in its original container with its original label which describes the ingredients of the contents, recommends dosages, and provides appropriate warnings. The label must be legible and be written in English, or provide English translations.

3. Custody and Storage. All medication delivered to the school nurse or principal shall be stored in a container or refrigerator in the nurse's office, principal's office, or other area designated by the school principal. The storage area shall either be locked or under the control of a designated school employee.

4. Quantity. No more than a thirty (30) day supply of prescribed medication shall be provided and delivered to the school by the student, student's parents or guardian, unless there is a written order by a physician, physician assistant, or advanced practice registered nurse requiring a greater supply.

5. Transfer to Other Students. Students are prohibited from transferring, delivering, or receiving any medication to or from other students. Violation of this subsection will authorize the confiscation of the medication by the District, and subject the students to discipline.

6. Finger Stick Blood Test. Students who have been taught finger stick blood tests shall follow those procedures that they have been taught. Parents of students who have diabetes, and/or students who have diabetes, should notify the school nurse or principal at the beginning of the school year that the student is diabetic, and should provide the school nurse or principal with all information required under this Rule. Students may administer the finger stick blood test in the nurse’s office or in another area designated by the principal or the principal’s designee.

III. Student Discipline. If a student violates a provision of this Rule, the student shall be subject to discipline.

A. In addition, where appropriate, the following people shall be immediately notified of a violation of this Rule:

1. The school nurse, principal, or principal's designee;

2. The student's parents or guardian; and

3. The physician, physician assistant, or advanced practice registered nurse prescribing the medication if deemed necessary.

B. While notifications are being given, the student shall remain in the custody of the school nurse, principal, or principal's designee until necessary notifications have been made and until actions have been taken to eliminate any possible threat to the student or other students.

1. If medications have been improperly dispensed or ingested by the student or other students, the student’s physician, physician assistant, or advanced practice registered nurse shall be requested to give the proper medical directions to be followed by the school staff. Unless otherwise directed by the physician, physician assistant, or advanced practice registered nurse, the school nurse, and principal or principal’s designee shall determine what action if any shall be followed to insure the student(s)’ safety.

2. If the physician, physician assistant, or advanced practice registered nurse cannot be reached and the school nurse or principal determines that an emergency exists, emergency medical personnel shall be immediately called. The parents or guardian shall be notified of any action being taken.

IV. Definitions.

A. Emergency medical personnel. Emergency medical personnel shall mean medical personnel who can respond to a medical emergency.

B. Medication. Medication shall be broadly defined and shall include:

1. 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

2. 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.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulations and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

D. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

E. Physician assistant. Physician assistant shall mean individuals who are licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

F. Qualified personnel. Qualified personnel shall mean individuals who have met an educational or legal requirement necessary to administer emergency injections.
 

Date of Adoption
February 5, 1990
Date of Revision
November 20, 1995
December 4, 2000
March 3, 2003
April 21, 2003
December 15, 2003
October 3, 2005
August 7, 2006
June 15, 2009
May 5, 2014
July 8, 2019

5600.3: Physical Examination, Visual Evaluation, Immunization, and Inspection

5600.3: Physical Examination, Visual Evaluation, Immunization, and Inspection holly Fri, 07/12/2019 - 08:14


I. Physical Examination and Visual Evaluation. Prior to the entrance of any student into kindergarten and the seventh grade or, in the case of a transfer from out of state, to any other grade in any District school, the parents or guardian must submit written evidence of a physical examination of the student by a physician, physician assistant, or advanced practice registered nurse.

A. The physical examination must have been performed within six (6) months of the date of enrollment. Either a completed, signed and dated physical exam report, or a printed or typewritten form signed by a qualified examiner indicating that a physical examination was administered on a specific date within the previous six (6) month period for the named student, constitutes sufficient evidence of compliance.

B. The cost of such physical examination is to be borne by the parents or guardian of each child examined.

C. No physical examination shall be required of any student whose parents or guardian objects thereto in writing.

D. All kindergartners and out of state transfer students will be required to submit written evidence of a visual evaluation by a physician, physician assistant, advanced practice registered nurse, or optometrist within six (6) months prior to admission. The visual evaluation shall consist of testing for amblyopia, strabismus, and internal and external eye health, with testing sufficient to determine visual acuity. A visual evaluation report that is signed and dated by a qualified examiner and including at a minimum the specific required tests, constitutes sufficient evidence of compliance. No such visual evaluation shall be required of any child whose parent or guardian objects in writing. The cost of such visual evaluation shall be borne by the parent or guardian of each child who is examined.


II. Immunization. All students by law are required to be protected by immunization against measles, mumps, rubella, varicella (chicken pox), poliomyelitis, diphtheria, pertussis, tetanus, Haemophilus influenza type b (Hib), Hepatitis B, and and invasive pneumococcal disease (for students 2-5 years of age), prior to enrollment and in accordance with the immunization standards prescribed in Title 173, Nebraska Administrative Code, Chapter 3-008.


A. Any student who does not comply with this provision shall not be permitted to continue in school until the student complies unless the student falls within the two (2) exceptions contained in this Rule.

B. Unless exempted by state law, the cost of such immunization shall be borne by the parents or guardian of each student who is immunized or by the Department of Health and Human Services for those students whose parents or guardian are unable to meet such cost.

C. Immunization shall not be required for enrollment if either of the following is submitted to the District:

1. A statement signed by a physician, physician assistant, or advanced practice registered nurse stating that, in the health care provider's opinion, the immunizations required would be injurious to the health and well-being of the student or any member of the student's family or household; or

2. A notarized affidavit signed by the student or, if the student is a minor, by a legally authorized representative of the student, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member or that immunization conflicts with the personal and sincerely followed religious beliefs of the student.

3. The physician's statement or affidavit shall be kept in the student's file.

D. A student may be provisionally enrolled in the District in the following circumstances:

1. The student has begun the immunizations required by state law and the student is receiving the necessary immunizations as rapidly as is medically feasible and in accordance with the requirements of Title 173, Nebraska Administrative Code, Chapter 3-010.02; or

2. The student is the child or legal ward of an active member of any of the military services of the United States or of his or her spouse, and the student is enrolling in the District following residence in another state or in a foreign country, and the parents or guardian of the student provide the District with a signed written statement certifying that the student has completed the immunizations required by state law. The student’s parents or guardian must thereafter provide the District with written evidence that the student has completed the immunizations required by state law, and if such written evidence is not provided to the District within sixty (60) days of the date of the provisional enrollment, then the student shall not thereafter be permitted to continue in school until such written evidence of compliance is provided.

III. Required Evidence of Immunization. For the purposes of compliance with the immunization requirements of state law, the student’s parents or guardian shall be required to present to the District the following evidence of immunization:

A. An immunization history containing the name of the vaccine, the month and year of administration (the month, day, and year for MMR vaccine), the name of the health practitioner, the agency where the immunization was obtained, and the signature of the physician, parent, guardian, or of such other person maintaining the immunization history of the student, verifying that the student has received these vaccines; or

B. Laboratory evidence of circulating antibodies for measles, mumps, or rubella shall constitute evidence of immunity against those diseases provided the following information is supplied: name of laboratory, name of test, test result, test date, signature of laboratory technician performing the test or of the laboratory director, and date of signature.


C. For purposes of compliance with this Rule, clinical history of measles, mumps, or rubella without laboratory or epidemiologic confirmation does not constitute evidence of immunity. Epidemiologic confirmation of a diagnosis means that the clinical history of measles, mumps, or rubella is corroborated by association with laboratory proven case(s) and that such epidemiologic case(s) have been reported to and counted by the Department of Health and Human Services.

IV. Health Screenings. Students in District schools must be screened periodically for vision, hearing, and dental health. In addition, the Department of Health and Human Services prescribes height and weight measurement for the purpose of monitoring weight/height status at intervals for all students.

A. If such health screening indicates a need for further evaluation and the necessity of professional attendance, the District shall notify the parents or guardian in writing and explain the necessity for further evaluation and professional attendance for such student.


B. A student is not required to submit to health screenings if the student’s parents or guardian provide a written statement signed by a physician, physician assistant, or advanced practice registered nurse attesting that the student underwent the required hearing, vision, and/or dental screening within the last six (6) months. For height and weight screenings, the written statement must object to such screening and be signed and dated by the student’s parents or guardian and be submitted before each time such screening is conducted.


C. The District's health screenings shall be conducted during the first quarter of each school year for students then in attendance. Thereafter, as students enter the District during the year, such health screenings shall be made immediately upon their entrance.

V. Parental Notification and Opportunity to Opt out of Participation. Pursuant to the Protection of Pupil Rights Amendment, 20 U.S.C. §1232h, the District shall provide reasonable notice at the beginning of the school year, directly to the parents and guardians of students enrolled in District schools, of the specific or approximate dates of any non-emergency invasive physical examination or screening that is required as a condition of attendance and administered by the District and scheduled in advance, and which is not necessary to protect the immediate health and safety of the student or other students.

A. An invasive physical examination is any medical examination that involves the exposure of private body parts, or any act during such an examination which includes incision, insertion, or injection into the body, but does not include a hearing, vision, dental, or scoliosis screening, or any physical examination or screening permitted or required by state law.

B. Parents, guardians, and students who are eighteen (18) years old or emancipated under state law, may opt out of participation in any such invasive physical examination by providing the District with a signed written statement which declines participation in any such invasive physical examination.

VI. Physical Examinations for Student Athletes. Students participating in activities sponsored by the Nebraska Schools Activities Association, athletics, cheerleading, or dance team, shall obtain a physical examination by a physician after May 1st, and shall submit the same to the District prior to participation.

A. The requirement of the obtaining and submission of a physical examination will be in force each year a student participates in student athletics.

B. Student athletes must also be covered by accident insurance prior to participation on any team. Student athletes are eligible to purchase insurance made available by the District.

VII. Definitions.

A. Student Athletics. Student athletics shall mean extracurricular school sponsored competitive interscholastic sports.

B. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

C. Advanced practice registered nurse. Advanced practice registered nurse shall mean individuals who are licensed and practicing under and in accordance with the Advanced Practice Registered Nurse Act.

D. Physician assistant. Physician assistant shall mean individuals who are licensed under Neb. Rev. Stat. §§ 38-2046 through 38-2055 to perform medical services under the supervision of a licensed physician.

Date of Adoption
July 20, 1992
Date of Revision
November 20, 1995
December 4, 2000
July 16, 2001
December 15, 2003
May 3, 2004
June 15, 2009
May 5, 2014
July 8, 2019

5600.4: Contagious or Infectious Diseases

5600.4: Contagious or Infectious Diseases holly Fri, 07/12/2019 - 08:18


I. General Statement. If a student has symptoms of a contagious or infectious disease, such student shall be sent home immediately or as soon as safe and proper transportation can be arranged, and the District’s Director of Student Services shall be at once notified. The Director of Student Services shall notify the student’s parents or guardian and the student will be excluded from school in accordance with the provisions of this Rule.

A. Students with a contagious or infectious disease may return to school when the symptoms disappear, and when the minimum isolation period has elapsed, provided however that students with HIV disease or Hepatitis B have complied with the procedures of Section III below.

B. The isolation period shall be in accordance with rules and regulations adopted by the Department of Health and Human Services.

C. This section shall not restrict or prohibit the District's authority to otherwise limit a student's activities in school where such limitation is necessary for the health or safety of the student or others.


II. Attending School. Students diagnosed with HIV disease or Hepatitis B will be allowed to attend school without restriction unless they manifest severe or unusually aggressive behavior, such as biting, or if they have weeping skin sores that cannot be covered.

A. In such instances, the student's parents or guardian will be notified and the student will be excluded from school.

B. Immediately thereafter, a determination of the appropriate educational setting will be made by a team consisting of the school nurse, school medical advisor, student's physician, school principal and student's teacher (hereinafter "Team"). The Team shall consider the following when determining the educational setting:

1. Behavior of student;

2. Neurologic development;

3. Physical condition;

4. Existence of open sores that cannot be covered; and/or

5. Risk of transmission through normal school contacts.

C. A regular classroom setting will be provided unless, based on the considerations set forth in the preceding paragraph, it is determined that there is a risk of transmission through normal school contacts. If that risk exists, the student shall be removed from the classroom and placed in an appropriate alternate education program.

III. Removal from Classroom. A student temporarily removed from the classroom for severe or unusually aggressive behavior will be immediately referred to the aforesaid Team for assessment and the development of an appropriate program, if warranted.

A. A student temporarily removed from a classroom for weeping skin sores which cannot be covered may be provided homebound instruction, and will be re-admitted only when there is medical documentation that the risk no longer exists.

B. Removal from the classroom should not be the only response to reduce risk of transmission. The District will attempt to use the least restrictive means to accommodate the student’s needs.

C. The student may return to the classroom when the Team determines that the risk of transmission through the reasonably expected school contacts has abated.

D. The removal shall be reviewed by the Team once per month unless there is no reasonable medical need for medical review.

E. A student with HIV disease may be removed from the classroom for the student's protection when cases of life-threatening diseases (e.g., measles, chicken pox) arise in school.

1. The decision to remove the student will be made by the student's physician. The District may obtain a second opinion, at District expense, and the District will elect which opinion to follow if the District's second opinion conflicts with the student's physician's opinion.

2. In cases where the student is removed for the student's protection, the student may return to the classroom when the risk is abated.

F. The school nurse will act as a liaison between the Team members, assist the student in problem resolution and answer the student's questions, and act as the coordinator of services provided by other staff members.

IV. Privacy. The student's right to privacy shall be honored. Only those persons directly involved with a student with HIV disease or Hepatitis B will be advised of the student's condition. Such persons shall not divulge any of the information concerning the infected student to any other person unless authorized by law.

V. Handling Body Fluids. Routine procedures for handling blood, body fluids, vomitus and fecal or urinary incontinence should be followed regardless of whether there are any students with an infectious disease attending school.

VI. Definitions

A. HIV Disease. HIV disease is a severe, life threatening disease that progressively damages the immune system. The onset of clinical illness is usually insidious and characterized by nonspecific symptoms such as malaise, anorexia, fatigue, diarrhea, weight loss, lymphadenopathy, and fever. Eventually, the patient is afflicted with serious infections, frequently opportunistic. It is spread primarily by saliva, urine, blood, and semen.

B. Hepatitis B. Hepatitis B is a disease of the liver, usually has an insidious onset with anorexia, vague abdominal pain, nausea and vomiting, and occasionally joint pain and rash. Jaundice is often present, but fever may be absent or mild. It is spread primarily by saliva, urine, blood, and semen.

C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:

1. Medical Doctors (M.D.) who practice medicine and/or surgery; or

2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.

Date of Adoption
November 20, 1985
Date of Revision
December 4, 2000
May 5, 2014
July 8, 2019
Reaffirmed
December 15, 2003
June 15, 2009

5600.5: Procedures for Life-Threatening Asthma Attacks and Systemic Allergic Reactions

5600.5: Procedures for Life-Threatening Asthma Attacks and Systemic Allergic Reactions holly Fri, 07/12/2019 - 08:26

I. Introduction.

A. With no prior notice, life-threatening asthma attacks or systemic allergic reactions (anaphylaxis) that leave only minutes to save a life could necessitate an emergency response by school personnel. To maximize the chances that such an emergency response will result in full recovery, trained designated school personnel will administer epinephrine ("Epi-Pens") and nebulized albuterol treatments ("nebulizers") according to procedures that have been approved by the District’s Director of Student Services or designee.

B. Epi-Pens and nebulizers for emergency use will be distributed to every school within the District. Each District school will have Epi-Pens and nebulizers readily accessible in the health room or other designated area. These medications will be secured in a manner approved by the Director of Student Services to prevent unauthorized access.

C. Standing orders for District emergency supplies of Epi-Pens and albuterol will be signed by at least one (1) physician from the District’s Medical Advisory Committee.

D. Selected school personnel will be trained by qualified personnel to administer emergency nebulized albuterol and Epi-Pen injections under the supervision of the registered school nurse.

E. Parents, guardians, and emancipated students will be notified on the District's Emergency Health Form that Epi-Pens and nebulizers may be administered to students for life-saving purposes.

F. If parents, guardians, and emancipated students are aware of any medical condition that causes an Epi-Pen or nebulizer to be dangerous to a student, they should indicate on the Emergency Health Form the exact nature of the danger, and provide the District with the name and address of the medical provider who has made this determination.

G. Healthcare staff will follow protocols outlined in the State of Nebraska Attack on Asthma /Allergy Action Plan.

II. Availability, Storage, Use and Destruction. Each District school will have emergency supplies of Epi- Pens and nebulizers readily accessible. The following will govern the availability, storage, and use of the same:

A. All elementary schools will have both adult and pediatric emergency Epi-Pens available.

B. Emergency supplies of Epi-Pens and albuterol will be kept current, and will be disposed of on the reaching of the recommended shelf life or when there is a color change in the epinephrine due to reaching or exceeding the expiration date or improper temperature control.

C. Unless the subject's medical condition and/or circumstances dictate otherwise, the following standing procedures for emergency response to life-threatening asthma attacks or anaphylaxis will be followed.

1. Call 911.

2. Summon the school nurse if available. If not, summon designated trained, non-medical staff to implement emergency protocol.

3. Check airway patency, breathing, respiratory rate, and pulse.

4. Administer medications (Epi-Pen and albuterol) per standing order.

a.  Administer an adult Epi-Pen IM for a child over fifty (50) pounds and Epi-Pen IM Junior for a child under fifty (50) pounds. The container for each dose and the container holding all dosages shall be marked "FOR EMERGENCY USE ONLY" in bold print.

b. Administer a nebulized albuterol, .05 percent, 0.5cc plus 2.5cc of saline administered by oral mask or mouthpiece. After the original administration, if not better, this dosage may be repeated two (2) more times. The container for individual dosages and containers holding non-individual dosages shall be marked "FOR EMERGENCY USE ONLY" in bold print.

5. Determine cause as quickly as possible.

6. Monitor vital signs (pulse, respiration, etc.).

7. Contact parents immediately and physician as soon as possible.

8. Any individual treated for symptoms with epinephrine at school will be transferred to a medical facility.

D. Emergency supplies of Epi-Pens, albuterol, and nebulizers will be under controlled access and maintained between fifty-nine (59) and eighty-five (85) degrees Fahrenheit as measured by a thermometer maintained in the same location in an air conditioned nurse's office or other air conditioned area designated by the school principal. Access will be limited to those individuals trained to administer these medications.

E. District emergency Epi-Pens and nebulizers will be administered to students or staff members for emergency use only. Students who need nebulized albuterol on a regular schedule must bring their own prescription and equipment for application in accordance with District Rule 5600.2. Emergency Epi-Pens and nebulizers may not be used under any circumstances other than emergency use.

F. District emergency Epi-Pens and nebulizers will not be used on field trips or other activities away from the school. District emergency medications are to be maintained at school during regular school hours so that the largest population of students may be served.

G. The school nurse will inspect the nebulizer monthly in their assigned area after each use to ensure that the equipment is in proper working order and is ready for the next usage. The school nurse will also periodically inspect the nebulizer to ensure that it is in working order and supplies of albuterol and Epi-Pens have not exceeded the recommended shelf life or when there is a color change in the epinephrine due to reaching or exceeding the expiration date or improper temperature control. The school nurse will provide an inventory which includes lot number of medications and the recommended shelf life.

H. All albuterol and Epi-Pens which have exceeded the recommended shelf life will be destroyed. The school nurse and principal shall keep a list which records when and how the albuterol and Epi- Pens were destroyed, and which district staff member oversaw the destruction.

III. Implementation and Training. Three (3) designated staff members from each school in addition to the school nurse will be trained in CPR, and in the administration of emergency Epi-Pens and nebulizers in life-threatening situations. Implementation and training shall include:

A. Designated staff members from each school will be appointed by a team consisting of the building principal or designee, the head nurse, the nurse serving the building, and approved by the Director of Student Services. No staff member other than District employed school nurses or health paraprofessionals shall be compelled through their employment status to serve as a designated staff member.

B. Training of the designated staff members will be conducted and completed prior to the distribution of Epi-Pens and nebulizers within the schools. Designated and trained staff members must complete annual training in order to continue serving as a designated staff member.

C. Training for the administration of Epi-Pens and nebulizers will be provided by a physician, a physician assistant, advanced practice registered nurse, or pharmacist trained in the use of Epi-Pens and nebulizers.

D. A certified CPR instructor will provide CPR training.

E. Designated staff members will successfully pass the competency assessment required by the Medication Aide Act no less than every three (3) years.


IV. In-Service Training. The procedure for the delegation of the administration of Epi-Pens and nebulizer treatments to trained special care providers should be followed in accordance with Health Services Guidelines. At a minimum, the training shall consist of the following:

A. A minimum of three (3) designated staff members in each school in addition to the school nurse trained in CPR should be in-serviced by the school nurse to:

1. Identify the signs and symptoms of a life-threatening asthma attack or systemic allergic reaction;

2. Follow District procedures for emergency treatment including required 911 calls and the administration of Epi-Pens and/or nebulizers;

3. Complete, as time permits, an Emergency Form for paramedics;

4. Review District procedures with the designated staff members a minimum of two (2) times during the school year;

5. At a minimum, training will be provided semi-annually for designated staff members who have already been trained and staff members who are newly appointed to the emergency team; and

6. Identify and record all students whose parents or guardian have indicated that use of Epi-Pens or nebulizers increases danger or is ineffective, and to provide follow-up investigation with medical providers to determine the exact nature of the danger.

B. At the conclusion of the in-service training, a Documentation of Competency form should be completed and filed in the Health Office.

C. The Director of Student Services will be responsible for overseeing what forms should be used to most effectively carry out the in-service training required under this Rule.


V. Baseline Training for Epi-Pens and Anaphylaxis. Orientation and instruction for the administration of Epi-Pens for life-threatening asthma or systemic allergic reactions should include:

A. Basic principles of the immune system and anaphylaxis;

B. Administration of Epi-Pens using an Epi-Pen Trainer;

C. Assessing vital signs;

D. Establishing and maintaining vital body functions and summoning emergency personnel; and

E. Proper documentation.

VI. Baseline Training for Nebulizers. Orientation and instruction for administering nebulizers should include:

A. Basic principles of the anatomy and physiology of the respiratory system;

B. Procedures for using nebulizers including set-up, administration, and storage;

C. Signs and symptoms of respiratory distress and reporting; and

D. Proper documentation.


VII. Post-Use Record. As soon as reasonably practicable following the emergency administration of an Epi- Pen or nebulizer, the designated staff members shall provide the Director of Student Services with a written report that should include, at a minimum, the following:

A. The circumstances giving rise to the administration of the Epi-Pen or nebulizer;

B. The results; and

C. The recommended changes in the procedures or forms used by the District in its administration of Epi-Pens and/or nebulizers, if any.


VIII. Annual Report. An annual report will be provided to the Nebraska Board of Pharmacy providing information on the number of incidents involving the administration of epinephrine and nebulized albuterol in the life-saving situations described in this Rule.


IX. Annual Review. On an annual basis, the Director of Student Services or designee will conduct a review of the effectiveness of this Rule, procedures utilized, forms adopted pursuant to this Rule, the post-use records of the District's designated staff members, and any other materials relevant to improving the District's use of Epi-Pens, nebulizers, and other emergency medications. The review will include, if practicable, the following:

A. A tabulation of the number of uses of Epi-Pens and nebulizers per school year;

B. The results of the use;

C. The recommendations from the District's Medical Advisory Committee or other qualified organization as it pertains to Epi-Pens and nebulizers; and

D. Upon the completion of the review, the Director of Student Services shall provide the Board with the Director's findings and recommendations.


X. Definitions.

A. CPR. CPR shall mean cardiopulmonary resuscitation.

B. Qualified Personnel. Qualified personnel shall mean individuals who have met an educational and/or legal requirement necessary to provide instruction on the use of the Epi-Pens and nebulizers.
 

Date of Adoption
May 17, 1999
Date of Revision
December 4, 2000
December 15, 2003
June 15, 2009
May 5, 2014
July 8, 2019

5600.6: Procedures for the Use of Cardiopulmonary Resuscitation and Automated External Defibrillators

5600.6: Procedures for the Use of Cardiopulmonary Resuscitation and Automated External Defibrillators holly Fri, 07/12/2019 - 09:11

I. Distribution and Placement of Automated External Defibrillators.

A. Introduction. Cardiac arrest is a threat for students, staff, or visitors to our schools and when it occurs, can leave only minutes to save a life. To maximize the chances that emergency response will result in full recovery, Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators (AEDs) may be used. AEDs will be placed in each school, and trained designated school personnel will use AEDs according to procedures that have been approved by the Director of Student Services or designee.

B. AEDs will be distributed to every school within the District:

1. Each District high school will have, at minimum, three (3) AEDs readily accessible in designated area(s) where they are available for all students, staff and visitors.

2. Each District middle school will have, at minimum, two (2) AEDs readily accessible in designated area(s) where they are available for all students, staff and visitors.

3. Each District elementary school and the Keith Lutz Horizon High School will have, at minimum, one (1) AED readily accessible in designated area(s) where they are available for all students, staff and visitors.

4. The placement of AEDs will be determined by the principal. The principal will take into consideration that coverage must be provided for all activities and school functions that occur not only during the school day, but after school hours for school related activities.

a. AEDs will be placed in supervised areas where they can be observed by supervisory personnel or by surveillance cameras.

b. Each AED will be secured by an alarm device.

c. AEDs will not be placed in locked rooms or areas that limit availability after school hours.

d. Signs will be posted in each classroom, commons area, the office, and other areas of the building where students or staff congregate advising where the nearest AED is located.

5. AEDs will not be taken on field trips or other activities away from the school building unless an extra AED is solely dedicated for that purpose, the AEDs absence does not affect coverage at school, and the AED is under the constant direct supervision of a staff member trained in its use.

6. Groups, organizations, or individuals renting or using school facilities when school personnel are not present will be informed of the requirements for the use of AEDs.

C. Designated school personnel will be trained by qualified personnel to administer CPR and AEDs.

D. Parents, guardians, and emancipated students will be notified on the District's Emergency Health Form that in case of cardiac arrest, CPR and an AED may be administered to students for life- saving purposes.


II. AED Maintenance and Use. The following will govern the maintenance and use of AEDs:

A. AEDs will be maintained and tested in accordance with the operational guidelines of the manufacturer and monitored by personnel designated by the principal.

B. AEDs will be stored with the carrying case, one (1) extra set of pads, razor, latex or vinyl gloves, mouth barrier, and three (3) towelettes designed for use with the AED.

C. All AED pads that have exceeded the manufacturer’s recommended shelf life will be replaced.

D. Each AED will be inspected, at a minimum, monthly by the principal or designee to assure it is in proper working order and ready for immediate use. The AED will be inspected after each use to ensure that the equipment is in proper working order and is ready for the next usage.

E. Each AED will be marked with a District identification number.

F. The school nurse will maintain an inventory which includes the identification number of the AED, its location, and when it was last inspected.


III. Operating Procedures.

A. Unless the subject's medical conditions and/or circumstances dictate otherwise, the following standing procedures for emergency response cardiac arrest will be followed.

1. Call 911.

2. Administer the AED following the instructions on the AED.

3. Administer CPR as directed by the AED.

B. Notify the parents or guardians immediately at the first sign of a cardiac arrest. If trained designated staff members are involved in life-saving procedures, personnel not administering emergency treatment should provide the notice to the parents or guardians.

C. CPR and the AED will be administered by trained personnel to students, staff members, or visitors only when emergency life threatening events occur resulting from cardiac arrest.


IV. AED Training and Implementation.

A. The following designated staff members from each school will be trained on the use of CPR and AED(s):

 

1.    School nurses;
2.    Certified Nursing Assistants (CNA) and Certified Medical Assistants (CMA)
3.    Full-time health room paraprofessionals;
4.    One staff member from each Early Childhood classroom;
5.    Coaches and assistant coaches;
6.    Athletic trainers;
7.    Extracurricular supervisors who supervise physical activities; and
8.    A minimum of three (3) additional designated staff members from each school.

B. Designated staff members from each school will be appointed by the building principal or designee.

C. Training of the designated staff members will be conducted and completed prior to the distribution of AEDs within the schools.

D. Designated and trained staff members must maintain current CPR/AED certification in order to continue serving as a designated staff member.

E. Training for the administration of CPR and AEDs will be provided by a certified CPR instructor.


V. Purchase of AEDs.

A. All AEDs will be purchased through the District purchasing agent.

B. All AEDs will meet District specifications.

C. All AEDs will be of the same model and manufacturer.

D. Additional AEDs may be purchased and placed at any time by the individual school, if all of the requirements of this Rule are met.


VI. Post-Use Record. As soon as reasonably practical following the emergency administration of an AED, the designated staff members shall provide the Director of Student Services with a written report that should include, at a minimum, the following:

A. The circumstances giving rise to the administration of AED;

B. The results; and

C. The recommended changes in the procedures or forms used by the District in its administration of AEDs, if any.


VII. Annual Review. On an annual basis, the Director of Student Services or designee will conduct a review of the effectiveness of this Rule, procedures utilized, forms adopted pursuant to this Rule, the post-use records of the District's designated staff members, and any other materials relevant to improving the District's use of CPR and AEDs. The review will include, if practicable, the following:

A. The results of the use;

B. The recommendations from the District's Medical Advisory Committee or other qualified organization as it pertains to CPR and AEDs; and

C. Upon the completion of the review, the Director of Student Services shall provide the Board with the Director's findings and recommendations.


VIII. Definitions.

A. AED. AED shall mean Automated External Defibrillator.

B. CPR. CPR shall mean cardiopulmonary resuscitation.

C. Qualified Personnel. Qualified personnel shall mean individuals who have met an educational and/or legal requirement necessary to provide instruction on the use of CPR and AEDs.

Date of Adoption
April 21, 2003
Date of Revision
December 16, 2003
August 7, 2006
July 2, 2012
May 5, 2014
August 19, 2019
Reaffirmed
June 15, 2009

5610: Do Not Resuscitate/Do Not Intubate Requests

5610: Do Not Resuscitate/Do Not Intubate Requests holly Fri, 07/12/2019 - 11:33

The District does not recognize and will not honor “Do Not Resuscitate” (DNR) or “Do Not Intubate” (DNI) requests from parents or guardians. If parents or guardians request district staff to withhold care from their child in the event of a life-threatening situation pursuant to a DNR or DNI request, district personnel will not comply.

When a student is in a life-threatening situation, district staff members are to render first-aid or other appropriate emergency care, and shall summon emergency medical personnel as soon as possible.

Date of Adoption
September 6, 1994
Date of Revision
December 4, 2000
Renumbered from 5155 on December 4, 2000
February 6, 2017
Reaffirmed
June 15, 2009

5610.1: Do Not Resuscitate/Do Not Intubate Requests

5610.1: Do Not Resuscitate/Do Not Intubate Requests holly Fri, 07/12/2019 - 11:36

I. DNR/DNI Requests. 

District personnel will not honor “Do Not Resuscitate (DNR) and Do Not Intubate (DNI)” requests. Parents or guardians who request that the District withhold care from their child through a DNR/DNI or a like request, are advised of the following: 

A. DNR/DNI requests are to be provided to the principal, principal's designee, or school nurse and placed on file at the student's school for submission to emergency medical personnel. Parents or guardians may contact the Director of Student Services for questions regarding this procedure or to confirm receipt of such request. 

B. If a life-threatening situation arises at school involving a student, school personnel will administer first-aid or other appropriate emergency care and will summon emergency medical personnel. Upon arrival of the emergency medical personnel, the principal, principal's designee, or school nurse will make reasonable efforts to provide pertinent medical information included in the student's file to the emergency medical personnel. 

C. Parents or guardians will be notified of a medical emergency at the earliest time practicable. 

D. If parents or guardians no longer desire the District to provide DNR/DNI requests to emergency medical personnel, the parents or guardians must notify the principal, principal's designee, or school nurse in writing. 

1. The school nurse will send a letter to the parents or guardians confirming removal of the DNR/DNI request from the file. 

2. If the parents or guardians do not receive such a letter of confirmation, it is the responsibility of the parents or guardians to contact the school to confirm that the DNR/DNI request has been removed from the file. 


II. Definitions. 

A. Emergency Medical Personnel shall mean ambulance personnel, personnel who arrive in response to a call to 911, or any other personnel summoned to school as a result of a medical emergency. 

B. First-aid or other appropriate emergency care shall mean any procedure or intervention by staff that may prevent a student from dying. Examples of emergency care include, but are not limited to, efforts to stop or control bleeding, opening airways, mouth-to-mouth resuscitation, and cardio- pulmonary resuscitation. 

Date of Adoption
September 6, 1994
Date of Revision
December 4, 2000
February 6, 2017
Reaffirmed
June 15, 2009

5620: Child Abuse, Neglect and Cruelty

5620: Child Abuse, Neglect and Cruelty holly Fri, 07/12/2019 - 11:41

Any employee of the District who has reasonable cause to believe that a child is being or has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which would reasonably result in child abuse or neglect, shall report or cause a report to be made of the incident to the proper law enforcement agency or to the Department of Health and Human Services. The District will cooperate with and assist the authorities in any investigation of a reported incident of child abuse or neglect. Willful failure to report the incident is a Class III misdemeanor by Nebraska statute.

Date of Revision
October 1, 1984
March 6, 2000
April 22, 2013
Reaffirmed
June 15, 2009
August 21, 2017

5620.1: Child Abuse, Neglect and Cruelty

5620.1: Child Abuse, Neglect and Cruelty holly Fri, 07/12/2019 - 11:48

I. Procedure

A. “Child abuse or neglect” is defined by Neb. Rev. Stat. 28-710 as knowingly, intentionally, or negligently causing or permitting a minor child to be: (a) placed in a situation that endangers his or her life or physical or mental health; (b) cruelly confined or cruelly punished; (c) deprived of necessary food, clothing, shelter, or care; (d) left unattended in a motor vehicle, if such minor child is six years of age or younger; (e) sexually abused; or (f) sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films or depictions.

B. Any nurse, school employee, or any other person who has reasonable cause to believe that a child is being or has been subjected to child abuse or neglect, or observes such child being subjected to conditions or circumstances which would reasonably result in child abuse or neglect, shall report such incident or cause a report to be made to the proper law enforcement agency or to the Department of Health and Human Services (DHHS). In such instances, the following procedure shall be followed by staff members:

1. If suspected child abuse or neglect has been reported or observed, the staff member shall contact the principal or designee. At that time, the person having observed or received notification of the violation shall, along with the principal or designee, contact the Child Protective Services (CPS) Hotline and/or law enforcement.

2. The principal or designee shall notify

a. The building counselor;

b. The Director of Student Services or designee; and

c. The registered nurse assigned to the building when there are observable injuries.

3. After contacting DHHS and/or law enforcement school personnel shall not further interview identified child(ren), without the express permission or request of DHHS or law enforcement.

4. The Director of Student Services or designee will provide guidance and support on the reporting process and monitor compliance with procedures.

5. Parent contact shall not be initiated prior to reporting. Upon reporting, the principal or designee shall confirm that DHHS or law enforcement will assume responsibility for notification of the parent(s), unless otherwise directed by DHHS or law enforcement.

C. Follow-up contact shall be made by the principal or designee.

1. The principal or designee shall maintain contact with DHHS and facilitate and cooperate with the DHHS investigation and provide information to pertinent staff as needed.

2. Caution shall be exercised by all staff throughout the process, to maintain individual and family privacy.

3. At the conclusion of the investigation, the principal or designee shall submit a written summary of the follow-up contacts to be maintained in the Student Services office.

D. The Director of Student Services will be notified in the event a complaint is received concerning abuse of a student by a District employee. The Director of Student Services will, in turn notify the Office of Human Resources.
 

Date of Revision
September 6, 1988
March 6, 2000
April 22, 2013
August 21, 2017
Reaffirmed
June 15, 2009

5710: Access to Student Records

5710: Access to Student Records holly Fri, 07/12/2019 - 11:51

Access to student records shall be in compliance with federal and state law.  The privacy of the student shall be maintained within the context of providing access to and the release of student records to those people or institutions who have a lawful reason or purpose for obtaining the information.

Date of Revision
September 17, 1984
April 21, 1997
November 6, 2000
Reaffirmed
August 16, 2010
September 2, 2014

5710.1: Student Records

5710.1: Student Records holly Fri, 07/12/2019 - 11:53

I. General Statement.

A. Academic and Disciplinary Matters. All student records shall be maintained in a manner which separates academic and disciplinary matters. Disciplinary materials shall be removed and destroyed after a student’s continuous absence from the District for a period of three (3) years unless otherwise provided for by applicable law. Nothing in this Rule shall prohibit the District from including appropriate information in the disciplinary record of any student concerning disciplinary action against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, or from disclosing such information to teachers and school officials of the District or to teachers and school officials in other schools who have legitimate educational interests in the behavior of the student.

B. Access Control. The District will use reasonable physical and/or technological access control methods to ensure that school officials obtain access to only those student records in which they have legitimate educational interests.

C. Authentication of Identity. The District will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom the District releases student records or files or discloses personally identifiable information from student records or files.

D. Right of Access. All District students and their parents, guardians, teachers, counselors, and school administrators shall have access to the files or records maintained by the District concerning such student, including the right to inspect, review, and obtain copies of such files or records. No other persons, unless otherwise authorized by this Rule, applicable law, or written consent, shall have access to such files or records, and the contents of such files or records shall not be divulged in any manner to any unauthorized person. Either parent shall have full rights under this Rule, unless the District has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes such rights.

E. Forwarding of Records on Student Transfer. A copy of the student’s files or records, including academic material and any disciplinary material relating to any suspension or expulsion, shall be provided at no charge, upon request, to any public or private school to which the student transfers.

F. Student Attaining Age Eighteen or Postsecondary Enrollment. Once a student has attained eighteen (18) years of age or is attending an institution of postsecondary education, the permission and/or consent required of and the rights accorded to the student’s parents or guardian shall be accorded to the student. If the student is disabled, the type and severity of the disability shall be taken into consideration before these rights are granted to the student.

II. Access to Student Records.

A. Procedure. To obtain access to a student’s records, the following procedure shall apply to persons with a right of access to District files, other than District personnel:

1. A written request for access shall be submitted to the building principal or designee.

2. The requested records shall be made available within forty-five (45) days of receipt of the request unless the request is denied.

3. Within five (5) school days of receipt of the request, the principal or designee shall notify the person making the request of the time and place for compliance with the request.

4. Access shall be provided during the regular business hours of the school day.

5. The principal or designee shall respond to reasonable requests for explanations and interpretations of the records.

6. If circumstances effectively prevent the parent or eligible student from reviewing the student’s records, then copies of the requested records shall be provided, or the principal or designee shall make other arrangements for the parent or eligible student to review the requested records.

7. A record of access shall be maintained and kept with the student’s records and made available only to the student’s parents and the eligible student, to the school official, and the school official’s assistants who are responsible for the custody of such records, or other persons authorized by applicable law. Such record shall identify the party requesting or obtaining access to the student’s records, and the legitimate or lawful interest that each person, agency, or organization has in obtaining this information. Access by District personnel who have a legitimate educational interest in the record need not be recorded.

B. Information on More than One Student. If any material or document in the student record includes information on more than one student, the parents of each student shall have the right to inspect and review only the part of the record that relates to their child or to be informed of the specific information contained in that part of the record.

III. Written Consent for Release of Information. 

Consent for inspection by or for the releasing of records to persons or institutions not specifically authorized by law or this Rule must be in writing, signed and dated by the person giving consent, reasonably identify the records to be released, state the reason for the release, and provide the names of parties to whom the records are to be released. If requested, a copy of the records shall be released to the student’s parents and the student. Personal information released pursuant to a written consent shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. A signed and dated written consent may include a record and signature in electronic format that identifies a particular person as the source of the electronic consent, and indicates such person’s approval of the information contained in the electronic consent.

IV. Release of Student Records Not Requiring a Consent. 

A. Student records or files maintained by the District may be released without written consent to the following:

1. Other school officials, including District teachers, who have been determined by the District to have legitimate or lawful educational interests, including the educational interests of the student for whom consent would otherwise be required.

2. Officials of other public or private schools, school systems, or institutions of postsecondary education, to which the student seeks or intends to enroll, or where the student is already enrolled, upon condition that the records are for purposes related to the student’s enrollment or transfer, and the student’s parents are notified of the transfer, receive a copy of the records if desired, and have an opportunity for a hearing to challenge the content of the records. Nothing in this Rule shall prohibit the District from disclosing to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student, appropriate information in the student’s education records concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

3. Authorized representatives of:

a. The Comptroller General of the United States;

b. The Attorney General of the United States;

c. Secretary of Education; or

d. Authorized state or local educational authorities.

4. Officials in connection with a student’s application for, or receipt of, financial aid.

5. State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to state statute adopted:

a. Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released; or

b. After November 19, 1974, if:

i. The allowed reporting or disclosure concerns the juvenile justice
system and such system’s ability to effectively serve, prior to adjudication, the student whose records are released, and

ii. The officials and authorities to whom such information is disclosed certify in writing to the District that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student.

6. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if there is a written agreement with the organization in accordance with applicable law, and such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations that have legitimate interests in the information and such information will be destroyed when no longer needed for the purpose for which the study was conducted, unless an organization is barred from access to personally identifiable information by determination of the Office of the Secretary of Education.

7. Accrediting organizations in order to carry out their accrediting functions.

8. Parents of a dependent student, as defined in 26 U.S.C. § 152.

9. Appropriate persons in connection with an emergency, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. In making such a determination the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other persons. 

10. Teachers and school officials in other schools who the District has determined have legitimate educational interests in the behavior of the student, may be provided with information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of the student, other students, or other members of the school community. 

11. Entities or persons designated in a Federal grand jury subpoena, in which case the court, or other issuing agency, shall order, for good cause shown, the District (and any officer, director, employee, agent, or attorney for the District) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena.

12. Entities or persons designated in any subpoena issued for a law enforcement purpose, in which case the court or other issuing authority may order, for good cause shown, the District (and any officer, director, employee, agent or attorney for the District) on which the subpoena is served, not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena.

13. Entities or persons designated in any judicial order, or pursuant to any lawfully issued subpoena, upon condition that the parents are notified of all such orders in advance of the compliance by the District, except such notice is not required when a parent is a party to a court proceeding involving child abuse and neglect or dependency matters and the judicial order or subpoena is issued in such proceeding.

14. The United States Attorney General or designee not lower than an Assistant Attorney General pursuant to an ex parte court order concerning investigations or prosecutions of offenses under 18 U.S.C. § 2332b(g)(5)(B) or an act of domestic or international terrorism under 18 U.S.C. § 2331.

15. The Secretary of Agriculture or authorized representatives from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measures, in accordance with applicable law.

16. An agency caseworker or other representative of a state or local child welfare agency who has the right to access a student’s case plan, as defined and determined by the state, when such agency is legally responsible in accordance with state law for the care and protection of the student.

17. A court in any legal action by the District against a parent or student, or by a parent or student against the District, when relevant for the District to either proceed with the legal action as plaintiff or to defend itself.

B. Military recruiters and institutions of higher education shall be provided on request, with access to secondary school students' names, addresses, and telephone numbers as required by 10 U.S.C. §503c and 20 U.S.C. §7908. A secondary school student's name, address, and telephone number shall not be released to such military recruiters or institutions of higher education, if the student or the parent of the student informs the District in accordance with the District's student handbook, not to release such information without their prior written consent.

C. The District may release student records and information without written consent after the removal of all personally identifiable information, and when determined that a student’s identity is not personally identifiable whether through single or multiple releases and taking into account other reasonably available information.

D. Student records or files released without written consent shall not be disclosed to any other party without the prior consent of the parent or eligible student, unless otherwise allowed by applicable law, and may only be used for the purposes for which the release was made.

V. Directory Information

A. The District may publish in only the manners hereinafter provided, or may make available to the public in response to a request therefor, the categories of personally identifiable information which the District has specifically designated as directory information pursuant to 20 U.S.C. §§ 1232g(a) (5)(A) and (B), without the prior written consent of parents. Such directory information is not generally considered harmful or an invasion of privacy if disclosed, but such directory information for a student shall not be published and shall not be made available to the public in response to a request therefor, if the student’s parents inform the District in accordance with the District’s student handbook, not to publish or not to make available to the public in response to a request therefor, such directory information without the parent’s prior consent.

B. The directory information which, pursuant to 20 U.S.C. §§ 1232g(a)(5)(A) and (B) the District designates for the purpose of making available to the public in response to a request therefor, only includes students’ names, which shall only be provided in total, and which shall not be categorized via building level, school building, grade, or in any other manner.

C. The directory information which, pursuant to 20 U.S.C. §§ 1232g(a)(5)(A) and (B) the District designates for the purpose of publishing in only the manners hereinafter provided, includes the parent’s and student’s name, address, e-mail address, telephone number, date and place of birth, major field of study, current grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance but not including specific daily records of attendance, degrees, honors and awards received, the most recent previous educational agency or institution attended by the student, photographs, and other similar information.

D. The directory information designed in the immediately preceding paragraph may be published by the District in only the following manners:

1. In accordance with the immediately preceding Section IV of this Rule.

2. In District publications and materials, which are associated with District and/or student activities and events, including, but not limited to, yearbooks, annuals, newsletters, newspapers, activity and event programs, community communications, parent communications, student communications, and notices.

3. In District press or media releases.

4. In accordance with District Rule 7305.1 (IV) (D) regarding web publishing and directory information.

5. To District agents or contractors, or to District-affiliated organizations the purpose of which is to enrich or supplement the educational, instructional, curriculum, or administration programs of the District.

6. To government agencies and other educational institutions.

VI. Photocopies. 

The District may charge a fee for copies of student records except that the imposition of a fee shall not prevent parents of students from exercising their right to inspect and review the student records or files and no fee shall be charged to such for retrieving any student’s files or records. The charge, if any, shall be fifty (50) cents per page provided, however, that any charges for transcripts for students seeking or intending to enroll in a postsecondary facility or making application for financial aid shall be determined by the building principal. A copy of the student’s records shall be provided at no charge, upon request, to any public or private school to which the student transfers or where the student is already enrolled, in accordance with the requirements of Section IV(A)(2) of this Rule.

VII. Right to Challenge Content of Student Records. 

Parents or eligible students may request a hearing to challenge the content of the student’s records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation by the parents or eligible student regarding the contents of such records. The following procedure shall be followed.

A. The proposed correction or deletion shall first be presented in writing, to the principal or designee. The principal or designee shall meet with all parties concerned within five (5) school days of the receipt of the request. Within three (3) school days of the meeting, the parties involved shall be notified in writing of the principal’s decision, and of the right to a hearing if they disagree.

B. If the parties involved are dissatisfied with the decision rendered by the principal, they can, within ten (10) school days of receipt of the written decision of the principal, present the challenge to the Superintendent or designee. The Superintendent or designee shall hold a hearing with all parties concerned within five (5) school days of the receipt of the request. The parents or eligible student shall be notified two (2) days prior to the hearing of the date, time, and place of the hearing. The hearing will be conducted by any individual who does not have a direct interest in the outcome of the hearing. All persons attending the hearing will keep confidential the information contained in the student records. The hearing shall afford a full and fair opportunity to present information relevant to the issues raised. The parent or eligible student may, at their own expense, be assisted or represented by one (1) or more individuals of their own choice, including an attorney.

C. Within three (3) school days following the hearing, the Superintendent or designee shall render a decision and send notice thereof in writing to the parties involved which will comply with the following:

1. The decision shall be made in writing within a reasonable time after the hearing, shall be based solely on the information presented at the hearing, and will include a summary of the information and the reasons for the decision.

2. If it is determined that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the record will be amended accordingly and the parents or eligible student shall be provided with a copy of the written amendment.

3. If it is determined that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the parents or eligible student shall be informed of their right to place a statement in the record commenting on the contested information and/or stating why there is disagreement with the Superintendent’s decision. The statement will be maintained with the contested part of the record for as long as the record is maintained. The statement will be disclosed whenever the portion of the record to which it relates is disclosed.

VIII. Annual Notification. 

Parents or eligible students shall be annually notified of their rights under this Rule via the District’s student handbook.

IX. Contacting Law Enforcement. 

Nothing in this Rule prohibits the District from contacting its school resource officers or other law enforcement agencies, orally or in writing, for the purpose of requesting such to investigate a possible student violation of, or to enforce any local, state, or federal law.

X. Definitions.

A. “Legitimate educational interests” shall mean either a direct involvement whether for reasons of testing, analyzing, teaching, disciplining, evaluating or similar involvement in the education of the student or that a school official has to review an educational record in order to fulfill his or her duties.

B. “Parent” shall mean the natural parent, adoptive parent, guardian, or an individual acting as a parent in the absence of a parent or guardian.

C. “Record” shall mean any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche, which directly relates to a student and which is maintained by the District or a party acting for the District. This definition does not include any records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record, or any other record excluded by applicable law.

D. “School officials” shall include the student’s teachers, counselors, school psychologists, principal, Superintendent, and any persons to whom the above are responsible to or to whom the above may delegate their duties. "School officials" shall also include District officers, employees, contractors, consultants, agents, volunteers, and other parties to whom the District has outsourced institutional services or functions, provided that the outside party performs an institutional service or function for which the District would otherwise use employees, is under the direct control of the District with respect to the use and maintenance of student records, and is subject to the redisclosure requirements of applicable law.

Date of Adoption
July 19, 1988
Date of Revision
April 21, 1997
November 6, 2000
July 16, 2001
May 3, 2004
August, 16, 2010
September 2, 2014
October 5, 2015

5720: Records Retention and Disposition

5720: Records Retention and Disposition holly Fri, 07/12/2019 - 11:59

The Superintendent or designee shall be responsible for the retention and disposition of student records.  All permanent student records and directory information shall be maintained permanently. Subsidiary student records will be destroyed after the student’s continuous absence from the school for a period of three years.

Date of Revision
July 20, 1992
November 20, 2000
June 17, 2002
Reaffirmed
August 16, 2010
September 2, 2014

5720.1: Records Retention and Disposition July 20, 1992

5720.1: Records Retention and Disposition July 20, 1992 holly Fri, 07/12/2019 - 12:02

I. Definitions. 

The following definitions shall apply herein:

A. “Permanent Student Records” shall consist of the following:

1. Student’s social security number or student identification number. 

2. Record of dates of attendance.

3. Grade level completed.

4. Transcript of classes taken with grades and credits received.

5. Record of date and type of inoculations and health examinations that are given to the class or student body as a whole.

6. Signatures of people who are required to sign for access to student records and statement of purpose for such access.

7. Student’s or student’s parents’ written consent of release of student records.

B. “Subsidiary Student Records” shall consist of the following:

1. Results of Essential Learner Outcomes assessments, state testing, and standardized achievement, aptitude, ability, interest, and intelligence tests including, but not limited to, Armed Services Vocational Aptitude Battery and Screening Assessment Gifted Students.

2. Personal Learning Plans, Individual Learning Plans, and re-teaching plans.

3. Record of participation in officially recognized school activities and sports.

4. Psychological examination reports (maintain in special education file).

5. School educational specialists’ reports.

6. Response to Instruction and Intervention documentation.

7. Truancy reports (maintain in discipline file).

8. Results of non-disciplinary school hearings concerning students.

9. Parent’s written consent permitting special examination of their child.

10. Copy of the birth certificate.

11. Divorce decrees or court custody documents.

12. Residency forms.

13. Communication of status if student will not graduate.

14. Developmental Asset Profile (DAP), and Life Skills Assessment results.

15. Section 504 documents.

16. Title One Reports.

17. Retention or acceleration building reports and principal letter.

C. “Special Education Records” shall include records relating to the provision of special education and related services and the evaluation for special education and related services.

D. “Cumulative Folders” shall include those permanent student records that are maintained at the District school building of attendance. When copies of a student’s records are requested or when the student’s records are transferred, the cumulative folder will be updated to include those subsidiary records that pertain to the student.

E. “Electronic Student Records” shall include all Permanent Student Record files, Special Education Record files, Subsidiary Student Record files and all other student record files maintained by the District.

F. “Eligible student” means a student who has reached eighteen (18) years of age or is attending an institution of postsecondary education. If a student is disabled, the type and severity of the disability shall be taken into consideration when determining if the student is an eligible student.

II. Records Retention, Maintenance, Transfer, and Destruction.

A. Accountability for Records.

1. The principal of each elementary and middle school and the registrar of each high school shall be responsible for the maintenance, retention, transfer, and destruction of student records in accordance with this Rule.

B. Maintenance and Destruction.

1. All permanent student records shall be maintained in the student’s cumulative folder. Permanent student records and directory information shall be stored either electronically or in some other approved manner or format or microfilmed and destroyed upon the student’s graduation or after a three (3) year continuous absence from school, in the manner set forth hereinafter. The microfilm, or other approved electronically stored format shall be maintained permanently.

2. Student disciplinary records shall be maintained in a separate file. Student disciplinary records shall be destroyed after the student’s three (3) year continuous absence from the District.

3. Subsidiary student records may be maintained in specified files other than the cumulative folder for the purposes of daily record keeping, but must be included in the cumulative folder when the student’s records are requested or when they are transferred. Subsidiary records shall be destroyed after the student’s three (3) year continuous absence from the District.

4. The District shall not destroy any student records if there is an outstanding request to Inspect and review the records.

C. Transfer of Student Records between Building Levels and District Schools.

1. All records of a student transferring from one school to another within the District shall be sent by the school where the student has been enrolled as soon as the receiving school notifies such school.

2. All records including disciplinary records for all students who complete the eighth grade shall be forwarded to the District high school. In the event a student completes eighth grade but does not enroll in a District high school, the receiving District high school shall maintain such records for three (3) consecutive years. After such a three (3) consecutive year period, the permanent student records shall be transferred to Student Services to be electronically filed or microfilmed and destroyed and the District high school shall destroy the subsidiary student records and discipline records.

3. All records including disciplinary records for all students who complete the fifth grade shall be forwarded to the District middle school. In the event a student completes fifth grade but does not enroll in a District middle school, the receiving District middle school shall maintain such records for three (3) consecutive years. After such a three (3) consecutive year period, the permanent student records shall be transferred to Student Services to be electronically filed or microfilmed and destroyed and the District middle school shall destroy the subsidiary student records and discipline records.

4. No records shall be removed or purged before transfer to another school within the District.

D. Special Education Records.

1. Special education records shall be transferred to the Special Education Department whenever a student leaves the District. 

2. The Special Education Department shall retain special education records for five (5) years after the completion of the activities for which special education funds were used.

3. Parents shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the student.

4. The information which is no longer necessary to provide educational services to the student must be destroyed at the request of the parent. However, a permanent record of the student’s name, address, and phone number, his/her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

E. Transfer of Student Records to Other Schools.

1. The records, including disciplinary records, of a student who moves out of the District shall be transferred to another school or postsecondary institution under the following conditions:

a. For students under eighteen (18) years of age,

i. When a written request from the school or postsecondary institution where the student seeks or intends to enroll, or where the student is already enrolled, is received, and the records are for purposes related to the student’s enrollment or transfer, or

ii. Upon written consent or request of the parent or guardian, or

iii. Upon written request from a student who seeks or intends to enroll, or who is already enrolled, in a post-secondary institution.

b. For eligible students,

i. When a written request from the school or post-secondary institution where the student seeks or intends to enroll, or where the student is already enrolled, is received, and the records are for purposes related to the student’s enrollment or transfer, or

ii. Upon written request or consent of the eligible student.

c. When a request is received from the school or postsecondary institution where the student seeks or intends to enroll, or where the student is already enrolled, the parents or eligible student shall be notified of the transfer, receive a copy of the records if desired, and have an opportunity for a hearing to challenge the content of the records.

Date of Revision
July 20, 1992
November 20, 2000
July 16, 2001
June 1, 2002
May 19, 2003
May 3, 2004
August 16, 2010
April 1, 2013
September 2, 2014

5730: Parents' Access to School Records and School Contact

5730: Parents' Access to School Records and School Contact holly Fri, 07/12/2019 - 12:08

Parents and guardians shall have the right of access to their child's student records and to have contact with their child on school grounds unless prohibited or restricted by law, court order, or District policies or rules.

Date of Adoption
March 7, 1988
Date of Revision
May 6, 1996
November 20, 2000
May 21, 2018
Reaffirmed
August 16, 2010

5730.1: Non-Custodial Parents' Access to Student Records and School Contact

5730.1: Non-Custodial Parents' Access to Student Records and School Contact holly Fri, 07/12/2019 - 12:12

I. General Statement. Non-custodial parents shall have the same right of access to their child's student records and contact with their child as custodial parents unless prohibited or restricted by law, court order, or District policies or rules. 

II. Providing District with Court Orders. Parents shall be responsible for providing the District with any court orders affecting a parent's right of access to records or contact with their children. 

III. Non-Custodial Parent's Right of Access to Student Records. Upon request, non-custodial parents shall be entitled to exercise all parental rights regarding student records, including the right to request that the records be forwarded to other parties, unless prohibited or restricted by law, court order, or District policies or rules. 

IV. Non-Custodial Parent's Participation in Teacher Conferences and Right to Obtain General Notices. Non-custodial parents shall have the same right as custodial parents to attend regularly scheduled teacher conferences, IEP conferences, and to obtain copies of records of conferences unless the non-custodial parent is prohibited or restricted by law, court order, or District policies or rules. If divorced or separated parents request separate teacher conferences, the principal shall have the discretion to grant or deny such a request. Non-custodial parents shall also have the same rights as custodial parents in obtaining general notices such as lunch menus, parent organizations, announcement of teacher conferences, and school pictures. 

V. Release of Children. During or after the school day or school activity, children shall be released only to the custodial parent or to law enforcement officers unless the custodial parent has granted permission for children to be released to someone else. 

VI. Identification. District schools may reasonably require custodial and/or non-custodial parents to provide identification. 

VII. Definitions. 

A. "Court order" shall mean any order, decree, judgment, or other adjudication from a court of competent jurisdiction. 

B. "Non-custodial parent" shall mean a parent who does not have primary physical custody of a child as a result of a court order, decree, judgment, or other adjudication. 

C. "Parent" shall mean a natural parent or the child's legal guardian. 

Date of Adoption
March 7, 1988
Date of Revision
May 6, 1996
November 20, 2000
August 16, 2010
May 21, 2018

5740: Visits to Schools

5740: Visits to Schools holly Fri, 07/12/2019 - 12:19

The Board of Education and staff of the District welcome visits to the schools. Such visitations will be governed by the policies and rules established by the District.

Date of Adoption
February 17, 1975
Date of Revision
June 3, 2002
May 21, 2018
Reaffirmed
September 7, 2010

5740.1: Visits to Schools - Visitations by Parents, Guardians and Others

5740.1: Visits to Schools - Visitations by Parents, Guardians and Others holly Mon, 07/15/2019 - 09:32

I. In accordance with building and District safety procedures, parents/guardians, students, and others may visit schools. These visits shall be in compliance with all building and District safety guidelines. The principal or appropriate Central Office administrator authorizing visits shall consider the following. 

A. Disruption to the educational environment; 

B. Distraction to students and staff; 

C. Confidentiality for students and staff; and 

D. Safety of students and staff. 

E. No visitor will be allowed to enter the building during a Code Yellow or Code Red Exercise. 

II. Parents/Guardians 

A. Unless otherwise prohibited or restricted by law, court order, or District policies or rules, parents/guardians may visit their child’s class. 

B. All visitors will report to the school office and will be provided and must wear a visitor's badge. 

III. Visitations by Students 

A. Visits by students from other school districts or buildings must be cleared through the building principal. If approval is given, a visitor’s badge will be issued. 

B. Children below legal school age wishing to visit the school must be accompanied by their parent or guardian. 

C. Non-students (graduates, etc.) will not be allowed to visit in a building without special permission from the building principal. 

IV. Program Visitations 

A. Persons wishing to visit schools for the purpose of viewing new programs, organizational patterns, facilities, etc., must obtain clearance from the appropriate Central Office administrator. 
 

Date of Adoption
February 17, 1975
Date of Revision
June 3, 2002
May 21, 2018
Reaffirmed
September 7, 2010

5750: Student Memorials

5750: Student Memorials holly Mon, 07/15/2019 - 09:36

The District will provide family and friends opportunities to express their grief upon the death of a student who was enrolled in a District school at the time of the student’s death.  Such opportunities shall be in accordance with District policies and rules.

Date of Adoption
October 3, 1994
Date of Revision
November 20, 2000
May 21, 2018
Reaffirmed
September 7, 2010

5750.1: Student Memorials

5750.1: Student Memorials holly Mon, 07/15/2019 - 09:40

I. Student Memorials. Memorials will only be permitted for students who were enrolled in a District school at the time of the student’s death, and shall be subject to the guidelines set forth in this Rule. 

II. Yearbook Guidelines. 

A. A deceased student's picture, if available, will be included with the pictures of other students in the class for the year covered by the yearbook. In addition, approximately one-fourth page will be allowed for each student who died during the year. This area will include each student's picture, if available, the student's name, and the dates of birth and death. The top of the page will be designated, "Memorial Page," or, "In Memory." If there are no student deaths there will be no memorial page. 

B. For yearbooks that are delivered in the fall, the memorial page will precede the index page. The yearbook will cover deaths from the beginning of summer through the last day of the school year. If there is a death during the summer and the student has not graduated, the student's picture will appear in the next year's yearbook. 

C. For yearbooks that are delivered in the spring, with a fall supplement, the memorial page will be at the end of the yearbook supplement. The yearbook and supplement cover deaths that occur from July 1st through the next June 30th. 

III. Student Newspaper Guidelines. Because of the periodic nature of student newspapers, no memorial pictures or articles will be published. Letters to the editor of tribute to the deceased student or of sympathy to family and/or friends may be published. Letters must be signed and are subject to editing, after consultation with the author(s). Staff editorials may be published, at the discretion of the editorial staff and with the approval of the newspaper sponsor. 

IV. Plaques with Brass Engraving Plates. Each school will display, when necessary, a plaque with brass engraving plates to recognize individual students who have died. The plaque will be no larger than twelve (12) by fifteen (15) inches. The top of the plaque will be engraved with the words, "In Memory." Individual plates will be engraved with the student's name and dates of birth and death. Individual plates will be removed after ten (10) years and offered to the student's parents or guardians. 

V. Other Memorials. Other student memorials may be established if there is no cost to the District, and with the consent of the deceased student's parents or guardians. 

A. Appropriate memorials may include: 

1. A memorial scholarship administered by the Millard Education Foundation. 

2. Plantings on school grounds (trees, shrubs, perennials). The type and placement of the planting will be approved by the school principal. Such plantings may be accompanied by a moveable granite ground marker no larger than twelve (12) by six (6) inches. The engraving on the marker will be limited to the student's name, dates of birth and death, and the words, "In Memory Of, " or, "Planted In Memory Of." The marker will be moved, when necessary, as the planting grows, and will be removed after ten (10) years and offered to the parents or guardians. 

3. Purchase of library books, CD Roms, DVDs, other electronic media, school supplies and equipment, with the approval of the principal. Donated books may include a book plate, and equipment may include an engraved plate no larger than two (2) by six (6) inches. Wording on the plates will be limited to, "Donated In Memory Of," or, "In Memory Of," and the student's name and dates of birth and death. Any engraved plate will be removed at the end of ten (10) years and offered to the parents or guardians. 

4. Monetary funds designated to a particular school activity or department. The use of funds will be approved by the principal. 

VI. Unacceptable memorials. Memorials which are not acceptable include those which may: 

A. Alter the conduct of a regular school instructional day. 

B. Alter school activities or the school activities schedule. 

C. Require the retirement or discontinued use of school property. 

D. Infringe on the separation of church and state. 

E. Require the use of public funds for purchase, development, or maintenance. 

VII. Existing Memorials. Any memorial plaque or name plates in existence at the time these guidelines are adopted, whether in compliance with these guidelines or not, will be removed ten (10) years after the death of the student involved and offered to the parents or guardians. 

VIII. Notice of Address Change. Parents or guardians of deceased students are encouraged to inform the school of any change of address so the District may return plaques, markers, and name plates to them, as provided in this Rule. 

Date of Adoption
October 3, 1994
Date of Revision
April 24, 2000
November 20, 2000
September 7, 2010
May 21, 2018

5800: District Computers, Software and Data Files

5800: District Computers, Software and Data Files holly Mon, 07/15/2019 - 09:43

District students will adhere to the laws, policies, and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, acts of terrorism, assault, threats, and student rights of privacy created by federal and state law.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011
May 6, 2019

5800.1: Compliance with Applicable Law and Use of District Computers

5800.1: Compliance with Applicable Law and Use of District Computers holly Mon, 07/15/2019 - 09:47

I. Compliance With License Agreements. 

The District will comply with license agreements and/or policy statements contained in software packages used by the District. Questions about compliance with license agreements or use of a software package will be resolved through direct negotiation and mutual agreement with the software publisher, copyright holder, and/or licensor.

II. Computer Use Rules. 

In an effort to prevent violation of copyright laws and illegal software use, the following rules will apply:

A. The legal and ethical implications of software use will be taught to personnel and students at all levels where there is software use. 

B. The building principal, principal's designee, or appropriate supervisor or teacher will be responsible for informing District students of the District Computer and Software Policy and Rules.

C. When permission is obtained from a copyright holder to use software on a disk-sharing system, reasonable efforts will be made to prevent unauthorized copying. 

D. Under no circumstances will illegal copies of copyrighted software be made or used on District equipment.

E. The Executive Director of Technology or designee is authorized to sign software license agreements for District schools. Each school using licensed software shall keep a file containing a signed copy of software agreements.

F. The school principal or principal's designee will be responsible for establishing practices which will enforce the District Computer and Software Policy and Rule.

G. The following uses of District computers will be strictly prohibited:

1. Offensive Messages. The use, display or transmission of sexually explicit images, messages, or cartoons; ethnic slurs or racial epithets; or acts of terrorism, assault, or threats.

2. Personal, Commercial, and/or Religious Messages. Use for the purpose of solicitation or proselytization for commercial, religious, political, personal or any other non-student- related activity.

3. Computer Hackers. Any unauthorized use by students of District computers, including improper access of any District computer, which violates federal or state law.

4. Inappropriate Use of E-mail and/or Internet. The use of the District’s network, internet, and e-mail system, for purposes other than designated coursework, or for the downloading, viewing, or printing of internet material inappropriately dealing with drugs and/or alcohol or dealing with dangerous materials (that could be used in the manufacture of bombs and explosive devices) or weapons.

5. Chat Rooms on the Internet. Unless called for by the curriculum and regulated by District staff, students are not to use “chat rooms”, “social networking sites” or “blogs” on the internet. 

III. Review by District. 

District computers, programs, software, and networks are for educational use only, and any information carried or contained on District computers is subject to review by the District. If a student uses a non-District computer in a manner which provides access to or affects networks or information contained or stored in a District computer, this Rule shall be deemed to be violated.

IV. Prohibited Access. 

If a student or a student's parent has a District internet account, a non-District internet account, or any other account or program which would enable direct or indirect access to a District computer, any access thereto in violation of this Rule or any other District Rule may result in student discipline. If a student uses a computer to gain prohibited access to an account or accounts that the District has through a lease, rental agreement, or other contract with a third party including, but not limited to, the District's educational service unit, such student will be subject to student discipline under District Rule.

V. Violations. 

Violation of any part of this Rule may result in disciplinary action. In the case of computer hackers, this may include the notification of the appropriate federal or state law enforcement agency. 

VI. Reservation of Rights. 

The District reserves all rights it has under the fair use doctrine of the Copyright Acts.

VII. Definitions.

A. Computer Hacker. Computer hacker shall mean a computer user who attempts to gain unauthorized access to proprietary computer systems. 

B. Indirect Access to a District Computer. Indirect access to a District computer shall mean using a non-District computer in a manner which results in the user gaining access to a District computer, including access to any and all information, records, or other material contained or stored in a District computer.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
March 21, 2011
May 6, 2019

5800.2: Right of Access

5800.2: Right of Access holly Mon, 07/15/2019 - 09:52

The District reserves the right to have access to all computer programs and files, including any software programs and data files and/or creations of any description which reside on District computers and/or storage media.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011
May 6, 2019

5800.3: Access to Student Records

5800.3: Access to Student Records holly Mon, 07/15/2019 - 09:58

District students shall not have access to student records unless specifically authorized or permitted by law. Electronic files, computer programs, and software containing student records are subject to Policy 5730 and Rule 5730.1 and the rights of privacy created by federal and state law.

Date of Adoption
June 20, 1994
Date of Revision
December 20, 1999
February 19, 2001
Reaffirmed
March 21, 2011

5900: Safety and Security

5900: Safety and Security holly Mon, 07/15/2019 - 10:02

The District will provide students with a safe, secure, healthful, and orderly school environment that is supportive of quality learning for all students. The District, and its schools, will implement procedures in a safety and security plan that addresses the safety and security of students, staff, and visitors; provides for the uniqueness of individual sites; and is evaluated at least annually by a District safety and security committee. The schools’ safety and security plans will be reviewed annually by one (1) or more persons who are not employees of the District and who are not on the District Safety and Security Committee. The Superintendent or designee will be responsible for safety and security procedures in the District.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008

5900.1: District Safety and Security and Emergency Management Plans

5900.1: District Safety and Security and Emergency Management Plans holly Mon, 07/15/2019 - 10:05

I. District Safety and Security Procedures. 

The District will have written safety and security procedures that are disseminated to all principals and supervisors. District safety and security procedures will be implemented by all schools and buildings that house staff members or students within the District. 

A. The District’s safety and security procedures will include, at a minimum, the following:

1. Building access control.

2. Identification of school employees, contractors, vendors, and visitors.

3. Evacuation of buildings and campuses.

4. Implementation of the District Incident Command Team roles and responsibilities.

5. Guidelines for building level Safety and Security Plans.

6. District-wide alert procedures that when activated will initiate pre-established actions for staff and students in emergency situations.

7. Requirement that each school have a violence prevention program.

8. Guidelines for managing angry and out-of-control parents or adults who are visitors to the school; are abusive to students, staff or other visitors; and substantially disrupt the educational process.

9. Guidelines for monitoring and managing violent student behavior.

10 Post-intervention procedures for assisting students and staff after an emergency.

11. Guidelines for utilization of and training requirements for security staff and School Resource Officers within each school or building.

12. Guidelines for maintenance of grounds and facilities relative to safety and security

13. Guidelines for staff development relative to safety and security for all District employees.

II. District Emergency Management Plan. 

The District will develop and implement an Emergency Management Plan that will provide District-wide procedures for dealing with emergencies. The Emergency Management Plan will:

A. Contain the emergency procedures for responding to the following situations: abduction/missing/runaway student, bomb threats, school vehicle accident, earthquake or tornado, fire/gas leak/explosion, guns or weapons on campus, hostage situations, sexual battery, shooting or stabbing, student major disruption/demonstrations, and student/parent/staff death, suicide, or attempted suicide. 

B. Be reviewed and updated annually.

C. Be disseminated to all principals and designated personnel who are responsible for managing students in emergency situations.

III. District Safety and Security Committee. 

The District will develop and implement a standing District Safety and Security Committee.

A. The Director of Student Services will chair a standing District Safety and Security Committee which will be composed of:

1. District administrators;

2. District certificated staff;

3. Secondary students;

4. Parents; and

5. Community members.

B. The Safety and Security Committee will meet at least annually to review safety and security plans and procedures, including emergency management plans and procedures, and to make recommendations for changes in existing procedures or recommendations for new procedures which address the changing security needs of the District.

IV. District Crisis Team. 

A District Crisis Team will be developed and implemented. Crisis Team members will receive specialized training to assist building administrators in providing psychological support during and after times of crisis. The specialized training will help personnel to direct crisis resolution activities and to counsel students and staff in coping with the aftermath of crisis situations.

V. Evaluation and Review. 

District safety and security plans and procedures will be evaluated annually and revised according to areas of identified need.

A. The safety and security plans and/or facilities of the District’s buildings will be reviewed at least annually by the District Safety and Security Committee and the Director of Student Services or designee.

B. The District’s safety and security plans will be reviewed annually by one (1) or more persons who are not on the District’s Safety and Security Committee and who are not employees of the District. This review will include a visit to school buildings to analyze plans, policies, procedures, and practices, and provide recommendations. Any recommendations made as a result of the analysis will be forwarded to the Director of Student Services and to the District’s Safety and Security Committee to be considered in making revisions to the District’s safety and security plan.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008

5900.2: Building Safety and Security and Emergency Management Plans

5900.2: Building Safety and Security and Emergency Management Plans holly Mon, 07/15/2019 - 10:07

I. Building Safety and Security Plans

Every school within the District will have a written site-specific safety and security plan that includes comprehensive procedures for coping with emergencies and the aftermath caused by crisis situations. Building safety and security plans will comply with all of the requirements that are stipulated in District Safety and Security Plans and Emergency Management Procedures. The principal will be responsible for development and implementation of the building safety and security plans.

II. Contents. The building safety and security plan shall:

A. Be a self-contained document that is separate from the Safety and Security Plan or the Emergency Management Plan that are distributed by the District. 

1. Be formatted to follow a District outline established by the District Safety and Security Committee.

2. Identify those procedures specific to the building that are not identified or detailed in the District Safety and Security Procedures. 

3. Procedures identified in the District Safety and Security Plan and Emergency Management Plan will not be included verbatim in building safety and security plans except as needed for clarification and continuity. 

4. Building safety and security plans should specify who, what, when, where and how District safety and security procedures will be carried out in that specific building.

B. Be in accordance with District policies, rules and procedures.

C. Define the roles and responsibilities of personnel during and after a crisis.

D. Identify Building Safe Team roles and responsibilities.

E. Provide a description of the continuity of leadership if the principal is incapacitated or unavailable.

F. Provide a plan for reducing repeat infractions of the Standards for Student Conduct dealing with violence.

G. Contain the plans for a violence prevention and intervention program.

H. Be reviewed and updated annually by the principal or the principal’s designee.

I. Be disseminated to all staff in the building.

J. Be approved by the Superintendent or designee. A copy of the plan will be submitted to Student Services.

K. Be reviewed annually by the District Safety and Security Committee.

L. Contain building emergency management plans that:

1. Identify those procedures specific to the building that are not identified or detailed in the District Emergency Management Plan. 

2. Are in accordance with District policy, rules and procedures.

3. Define the roles and responsibilities of personnel during and after a crisis.

4. Identify that emergency drills shall:

a. Be implemented at a variety of times from the beginning to the end of the school day;

b. Be implemented when students are in diverse locations (i.e., the cafeteria) and in a variety of activities throughout the building;

c. Not endanger students or staff; and

d. Provide that adequate orientation and instruction be provided early in the school year.

M. Be reviewed and updated annually by the principal or the principal’s designee.

N. Be disseminated to all staff in the building.

O. Be approved by the Superintendent or designee. A copy of the plan will be submitted to Student Services.

P. Be reviewed annually by the District Safety and Security Committee.

Date of Adoption
March 19, 2001
Date of Revision
May 4, 2015
Reaffirmed
November 3, 2008

5900.3: Emergencies - Fire Safety in the Schools

5900.3: Emergencies - Fire Safety in the Schools holly Mon, 07/15/2019 - 10:10

Each building shall conduct one (1) fire drill each month and shall keep all doors and exits unlocked for egress during school hours. Reports of the monthly fire drills are to be on file in each school, and the completed form shall be submitted to the State Fire Marshall at the end of each school year. The state regulations for fire drills shall be followed explicitly at all times, and copies of the state regulations shall be maintained in the office of each principal.

Date of Adoption
April 20, 1981
Date of Revision
September 10, 2001
May 4, 2015
Reaffirmed
November 3, 2008

5900.4: Emergency Dismissal

5900.4: Emergency Dismissal holly Mon, 07/15/2019 - 10:13

I. Dismissal Procedures

In the event of dismissal during the school day due to some emergency situation, the following procedures shall be followed:

A. Accounting for students and contacting parents.

1. Students living within walking distance of the attendance center shall be allowed to proceed home if in the determination of the building administration conditions are conducive to safe travel by foot. Parents or guardians shall be contacted before the student leaves the building.

2. Students who normally use school-provided or contracted transportation services shall remain at the attendance center until such vehicles arrive or until their parents or guardians provide alternative transportation.

3. Students shall be allowed to leave school with adults other than their parents or guardians only when permission is granted by the parents or guardians of the respective student.

B. If parents can not be contacted.

1. The student should remain under supervision at school or at the alternative site until the parents or emergency contact person can be reached.

2. If the parent has previously specified in writing, that the student can be released to a designated agency or individual, the student may be released.

Date of Adoption
June 16, 1975
Date of Revision
September 10, 2001
May 4, 2015
Reaffirmed
November 3, 2008