8000-Students
Section 8000 - Students
TABLE OF CONTENTS
8015 Non-Discrimination and Complaint Procedure (Cf. 2450, 5030)
8018 Discriminatory Harassment of Students (Cf. 8260)
8020 Attendance (Cf. 8035)
8020.1 Compulsory Attendance - Religious Exemption
8035 Absences and Excuses (Cf. 8020)
8040 School Admissions
8040.1 Eligibility of Resident/Non‑Resident Students
8040.2 Tuition (Cf. 8990)
8040.3 Assignments
8040.4 Withdrawals from School
8045 Homeless Students
8090 Release of a Student during the School Day
8100 Student Conduct
8130 Searches of Motorized Vehicles, Lockers, and Students
8130.1 Lockers
8130.2 Motorized Vehicles
8130.3Students
8130.4 Strip Searches
8130.5 Law Enforcement Searches
8140 Interrogation and Investigations Conducted in School (Cf. 8580)
8220 Alcohol and Drug Abuse
8230 Tobacco Products
8240 Student Appearance
8245 Gangs
8255 Terroristic Threats or Acts
8260 Bullying (Cf. 8018)
8300 Student Discipline (Cf. 5220) (School Code 1135)
8300.1 Student Code of Conduct
8300.2 Definitions
8300.3 Restorative Practices
8300.4 Suspension from Class, Subject, or Activity by Teacher
8300.5 Discretionary Suspension or Expulsion
8300.6 Mandatory Suspension or Expulsion
8300.7 Reinstatement Following Suspension or Expulsion
8300.8 Enrollment Following Misconduct at Another District
8300.9 Due Process
8300.10 Law Enforcement
8300.11 Reporting
8300.12 Educational Programming During Suspension or Expulsion
8300.13 Students with Disabilities
8310 Emergency Use of Seclusion and Restraint
8310.1 Michigan Department of Education- State Board of Education Policy
8450 Student Welfare (Cf. 8590)
8453 Student Wellness Policy
8460 Student Insurance Programs (Cf. 4015)
8480 Immunizations
8480.1 Immunization of Students
8510 Communicable Diseases - Students and Staff (Cf. 5370)
8515 Head Lice Policy
8580 Child Abuse and Neglect – Duty to Report
8580.1 Access to Students on School Premises (Cf. 8140)
8580.2 Cooperation between School and Agencies
8590 Student Safety (Cf. 4040)
8590.1 Bus Riders
8590.2 Eye Protective Devices
8640 Use of Motorized Vehicles (Cf. 4090)
8650 Student Accidents
8660 First Aid
8665 Automated External Defibrillators
8670 Administration of Medications by School Personnel (Cf. 2780)
8670.1 Management of Students with Asthma in the School Setting
8670.2 Exercise Induced Asthma Attacks
8670.3 Diabetic Emergencies
8670.4 Anaphylaxis Emergencies
8680 Emergency Medical Authorization
8681 Do Not Resuscitate
8700 Student Activities
8700.1 Activity Fund Management (Cf. 3800)
8720 Student Organizations
8720.1 Student Social Events
8725 Student Fund Raising
8727 Student Production of Goods and Services
8740 Student Photographs
8760 Employment of Students
8760.1 School Employment
8760.2 Outside Employment
8760.3 Job Placement Service
8820 Awards and Scholarships
8860 Homebound Instruction
8940 Student Records
8940.1 Directory Information
8990 Student Fees, Fines, Charges, and Deposits (Cf. 8040)
8990.1 Fees and Charges
8990.2 Fines
8015 NON-DISCRIMINATION AND COMPLAINT PROCEDURE
(Cf. 2450, 5030)
It is the policy of the Board of Education that the District will not discriminate against any person based on sex, race, color, national origin, religion, height, weight, marital status, handicap, age, or disability. The District reaffirms its long-standing policy of compliance with all applicable federal and state laws and regulations prohibiting discrimination including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d. et seq.; and 42 U.S.C. §§ 2000e, et seq.; Title IX of the Educational Amendments of 1972, 20 U.S.C. §§ 1681, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; The Americans With Disabilities Act of 1990, 42 U.S.C. §§ 1210, et seq.; the Handicappers’ Civil Rights Act, MCL §§ 37.1101, et seq.; and the Elliott-Larsen Civil Rights Act, MCL §§ 37.2101, et seq.
The administrator in charge of Special Education is appointed the Civil Rights Coordinator regarding complaints of disability/handicap discrimination involving educational services, programs, and activities. The Superintendent is appointed the Civil Rights Coordinator regarding discrimination complaints made by students (grades Pre-K through 12) and/or their parent(s)/guardian(s), and involving sex, race, color, national origin, religion, height, weight, age, or marital status. The Superintendent is appointed the Civil Rights Coordinator regarding all other complaints of discrimination.
Inquiries or complaints by students and/or their parents/guardians related to discrimination based on disability/handicap should be directed to:
The Administrator in Charge of Special Education
COOR Intermediate School District
11051 N. Cut Road, PO Box 827
Roscommon, MI 48653-0827
989.275.9555
Inquiries or complaints made by students (grades Pre K through 12) and/or their parent(s)/guardian(s) related to discrimination based on sex, race, color, national origin, religion, height, weight, age, or marital status should be directed to:
The Superintendent of Schools
COOR Intermediate School District
11051 N. Cut Road, PO Box 827
Roscommon, MI 48653-0827
989.275.9538
All other inquiries related to discrimination should be directed to:
The Superintendent of Schools
COOR Intermediate School District
11051 N. Cut Road
PO Box 827
Roscommon, MI 48653-0827
989.275.9538
The Civil Rights Coordinators, as specified herein, are designated to receive and resolve complaints from any person who believes that he/she may have been discriminated against in violation of this policy. Any person who believes he/she has been discriminated against in violation of this policy should file a written complaint with the Civil Rights Coordinator within ten (10) calendar days of the alleged violation. The Civil Rights Coordinator will take the following action: First, cause an investigation of the complaint to be commenced. Second, arrange for a meeting to occur with the complainant, which may include School District staff who are knowledgeable of the facts and circumstances of the particular complaint or who have particular expertise that will assist in resolving the complaint. Third, complete the investigation of the complaint and provide, in writing, a reply to the complainant. If the Civil Rights Coordinator determines that a violation has occurred, he/she shall propose a fair resolution of the complaint and deliver the determination to the complainant and the Superintendent. In the event the complaint is against the Superintendent, a copy of the determination shall be delivered to the President of the Board of Education. The complainant may appeal the Civil Rights Coordinator’s determination to the Superintendent, or, in the case of a complaint against the Superintendent, to the President of the Board, by so notifying the Superintendent or Board President in writing within the (10) calendar days of the Civil Rights Coordinator’s determination.
The Superintendent or Board President may conduct additional investigation of the facts and circumstances surrounding the complaint. The Board President may elect to secure the services of an outside party to investigate the facts and circumstances surrounding any complaint against the Superintendent. The Superintendent, or Board President in the case of a complaint against the Superintendent, shall affirm or reverse the Civil Rights Coordinator’s decision and, if warranted, implement the Civil Rights Coordinator’s proposed resolution or a modification thereof. The Superintendent or Board President's decision shall be final.
If the complainant is not satisfied with the Civil Rights Coordinator’s written decision, he/she may appeal to the Office for Civil Rights, Department of Education, Washington, D.C. 20202.
Approved: December 11, 2002 LEGAL REF: in text
8018 DISCRIMINATORY HARASSMENT OF STUDENTS
(Cf. 8260)
Discriminatory harassment of students by School District elected officials, employees, vendors, contractors or other doing business with the School District, students, parents/guardians, invitees, volunteers or guests will not be tolerated. Similarly, student-on-student discriminatory harassment is prohibited, equally, and will not be tolerated.
Discriminatory harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct relating to an individuals’ sex, race, color, national origin, age, religion, height, weight, marital status or handicap/disability when:
Submission to such conduct or communication is made either an explicit or implicit condition of utilizing or benefiting from the services, activities, or programs of the School District;
Submission to, or rejection of, the conduct or communication is used as the basis for a decision to exclude, expel or limit the harassed student in the terms, conditions or privileges of the School District; or
The harassment substantially interferes with the student’s education, creates an intimidating, hostile, or offensive environment, or otherwise adversely affects the student’s educational opportunities.
Any student who believes that he or she has suffered harassment shall immediately report the incident(s) to his/her school Principal/Program Administrator, or an Assistant Principal/Program Administrator or to the following person:
The Superintendent of Schools
COOR Intermediate School District
11051 N. Cut Road, PO Box 827
Roscommon, MI 48653-0827
989.275.9538
Should the complaint be against the Superintendent, the incident shall be reported to:
President of the Board of Education
COOR Intermediate School District
11051 N. Cut Road, PO Box 827
Roscommon, MI 48653-0827
989.275.9538
The School District guarantees that a student reporting an incident(s) of discriminatory harassment will not suffer any form of reprisal.
In determining whether the alleged conduct constitutes discrimination or harassment, the totality of the circumstances, the nature of the harassment and the context in which the alleged incident(s) occurred will be investigated. The building Civil Rights Coordinator, or his/her designee, has the responsibility of investigating complaints of discriminatory harassment of students. In cases where the alleged harassment involves a member of the Board of Education, the School District will appoint outside legal counsel to investigate the complaint. The results of an investigation and any action taken thereon will be communicated to the complaining person.
The School District considers discriminatory harassment based on religion, race, color, national origin, age, sex, height, weight, marital status, handicap, or disability to be a major offense, which will result in disciplinary action of the offender. Disciplinary action against a School District employee may include termination of employment. Disciplinary action against a student may include expulsion. Disciplinary action against a Board of Education member may range from Board of Education public censure to removal of the Board Member from an officer position he/she may hold.
Sexual harassment, may include, but is not limited to, the following:
a. Verbal harassment or abuse;
b. Pressure for sexual activity;
c. Repeated remarks with sexual or demeaning implications;
d. Unwelcome touching;
e. Sexual jokes, posters, cartoons, etc.;
f. Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, safety, job, or performance of public duties;
g. In addition, any form of retaliation against the complainant or witness is in itself a form of sexual harassment.
Approved: December 11, 2002
LEGAL REF: MCL 37.2101 et seq., (Elliott-Larsen Civil Rights Act); 380.11a; 20 USCA §1681; 34 CFR §106.8; 34 CFR §106.9 (Title IX of the Education Amendments)
8020 ATTENDANCE
(Cf. 8035)
The Board of Education as a District of the State is required to enforce regular attendance of students. The Board recognizes that regular attendance and promptness are marks of a good student and a good citizen. In school, as in other facets of life, regular attendance and punctuality are necessary for success.
Attendance shall be required of all students participating in District programs, except those exempted under by Board policy or by provisions of State law, during the days and hours that the programs are in session or during the attendance sessions to which he/she has been assigned.
The Superintendent shall require, from the parent/guardian of each student or from an adult student who has been absent for any reason, a written statement of the cause for such absence. The District reserves the right to verify such statements and to investigate the cause of each single absence.
Repeated infractions of Board policy requiring the attendance of enrolled students may result in the suspension or expulsion of the student from the District program.
The Board considers the following factors to be reasonable excuses for time missed at a District program:
a. Illness;
b. Recovery from accident;
c. Required court appearance;
d. Professional appointments that cannot be scheduled outside of school hours;
e. Death in the immediate family;
f. Observation or celebration of a bona fide religious holiday; and
g. Such other good cause as may be acceptable to the Superintendent.
Attendance need not always be within District facilities, but a student will be considered to be in attendance if present at any place where program is in session by authority of the Board.
The Board authorizes, but does not encourage, the Superintendent to suspend a student from a particular class or from the school, if sincere efforts by the staff and parents cannot rectify the pattern of absence. In keeping with its philosophy, the Board supports efforts to provide for out-of-school alternative educational opportunities for truant students rather than to heighten the effects of absence through suspension.
The Superintendent shall develop administrative guidelines for the attendance of students that:
a. Ensure a school session, which is in conformity with requirements of the law; and
b. Ensure the student is not given a failing grade where lack of attendance is the sole or primary determining factor but which allow denial of credit if the student does not make appropriate use of make-up sessions provided by the instructor or administrator. In courses in which student participation in experiments, “hands-on” training in techniques, and the like are essential to achieving the goals of a course and provision for makeup is not feasible educationally or logistically, the student shall be notified that absences beyond a given number shall result in his/her withdrawal from the course with no credit. A grade of “W” shall be given with the notation that the “W” grade is a result of excessive absence.
In collaboration with constituent local Districts, the Attendance Officer shall verify truancy and explore feasible modifications of the truant’s educational program. For programs run by the Intermediate District, the Intermediate School District will keep attendance records in accordance with rules established by the State Board of Education.
If such modifications do not rectify the attendance problem, the Attendance Officer shall pursue available legal remedies.
8020.1 Compulsory Attendance - Religious Exemption
Any student, who has completed the eighth grade before reaching 16 years of age and who is a member of a recognized church or religious denomination that objects to a regular public high school education, may attend classes in a regularly supervised non-public program of instruction approved by the State Board of Education. Attendance of such a student in a non-public educational program shall conform to state law.
It is the parents/guardians responsibility to provide transportation to such non-public religious activities.
Approved: December 11, 2002
LEGAL REF: MCL 380.1231; 380.1561; 380.1571; 380.1577; 380.1586-1589; R 340.71; OAG, 1977-1978, No 5414, p 738 (December 20, 1978); OAG, 1987-1988, No 6467, p 196 (September 16, 1987) People v DeJonge 188 Mich App 447; 470 NW2d 433 (1991); Flint Bd of Ed v Williams 88 Mich App 8; 276 NW2d 499 (1979)
8035 ABSENCES AND EXCUSES
(Cf. 8020)
The Board recognizes that from time to time compelling circumstances will require that a student be late to school or dismissed before the end of the school day.
The Board requires that the school be notified in advance of such tardiness or absences by written request of the student's parent or guardian, which shall state the reason for the tardiness or early dismissal. Justifiable reasons shall be determined by the building administrator.
The Board, other than for illness or other reasons specifically referenced in Board Policy 8020, discourages any absence from school. All absences shall be either excused or unexcused. Appropriate rules and regulations regarding student absences shall be developed by the administrative staff and incorporated into the student handbooks.
Approved: December 11, 2002 LEGAL REF: MCL 380.1571, 380.1578, 380.1586
8040 SCHOOL ADMISSIONS
Since schools are maintained for the primary benefit of the residents of the District, non-resident students may be admitted only to the extent that staff, facilities, equipment, and supplies are available, and only upon Board approval. A student will not normally be admitted to the District who is under suspension or expulsion from another District or who has voluntarily withdrawn from school in another District due to poor academic performance or for disciplinary reasons.
8040.1 Eligibility of Resident/Non‑Resident Students
The Board will educate, tuition-free, only those students who are, or whose parents/guardians are, legal residents of the District’s constituent local school Districts or students who have been accepted on a tuition basis by the local school District.
Non-resident students may be accepted into District programs on a tuition or special fee basis.
Students, residing in the District but not living with their parents, guardian, or person who qualifies in place of the parent, shall be ineligible to participate in District programs unless said students can be considered emancipated minors by court decree and has proved the establishment of an independent residence.
8040.2 Tuition
(Cf. 8990) Tuition may be charged to nonresident students at a rate established by the Board.
8040.3 Assignments
The Program Administrator shall be initially responsible for assignment of all students within the programs. In the event that a parent or guardian is dissatisfied with a student assignment, he/she shall confer with the Administrator, and if not satisfied with the Administrator’s explanation for the assignment, the parent/guardian may confer with the Superintendent.
In the event that the parent/guardian is still dissatisfied, the assignment may be appealed in writing to the Board.
In the case of special education students, parents/guardians would request an IEPC.
8040.4 Withdrawals from School
Whenever a student wishes to withdraw from a District program, efforts are made to determine the underlying reason for such action and, when appropriate, District resources are used to assist the student to continue in the program.
If the student makes the decision to withdraw, the constituent local District will be notified and all District-owned supplies, materials, and equipment in the possession of or being used by the student shall be returned and in proper condition.
Approved: December 11, 2002
LEGAL REF: MCL 380.688; 380.1134-1135; 380.1147-1148; 380.1204a; 380.1282; 380.1324; 380.1401; 380.1416; 388.1517-1518; 388.1606; OAG, 1979-1980, No 5642, p 587 (February 4. 1980); OAG, 1981-1982, No 5925, p 234 (June 23, 1981); OAG, 1981-1982, No 5995, p 412 (October 12, 1981); OAG, 1987-1988, No 6467, p 196 (September 16, 1987)
8045 HOMELESS STUDENTS
Children who meet the Federal definition of "homeless" will be provided a free appropriate public education in the same manner as all other students of the District. To that end, homeless students will not be stigmatized or segregated on the basis of their status as homeless and will be assigned to the school serving those non-homeless students residing in the area in which the homeless child is actually living. The District shall establish safeguards that protect homeless students from discrimination on the basis of their homelessness.
Homeless children and youth are defined as individuals who lack a fixed, regular, and adequate nighttime residence, and include those who meet any of the following criteria:
a. share the housing of other persons due to loss of housing, economic hardship, or similar reason
b. live in motels, hotels, trailer parks, or camping grounds due to a lack of alternative adequate accommodations
c. live in emergency or transitional shelters
d. are abandoned in hospitals
e. are awaiting foster care placement
f. have a primary night time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, or
g. live in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting
Additionally, pursuant to Federal and State law, migratory children who are living in circumstances described in A-G above are also considered homeless.
Homeless preschool-aged children and their families shall be provided equal access to the educational services for which they are eligible, including preschool programs administered by the School District.
The District shall remove barriers to the enrollment and retention of homeless students in schools in the District. Homeless students shall be enrolled immediately, even if they do not have the necessary enrollment documentation such as immunization and health records, proof of residency or guardianship, birth certificate, school records, and other documentation.
Homeless students will be provided services comparable to other students in the District including:
a. transportation services;
b. educational services for which the homeless student meets eligibility criteria including services provided under Title I of the Elementary and Secondary Education Act or similar State or local programs, educational programs for children with disabilities, and educational programs for students with limited English proficiency;
c. programs in vocational and technical education;
d. programs for gifted and talented students;
e. school nutrition programs; and
f. before- and after- school programs.
Homeless students have the right to remain in their school of origin or the local attendance area school, according to the child's best interest. The school of origin is the school that the student attended when permanently housed or last enrolled. The local attendance area school is any public school that non-homeless students who live in the attendance area in which the student is actually living are eligible to attend.
Homeless students have the right to dispute their school assignment, if their assignment is other than their school of origin. In determining the best interest of the student, the District shall, to the extent feasible, keep the student in the school of origin, except when doing so is contrary to the wishes of the homeless student's parent or guardian or the unaccompanied youth. If the student is sent to a school other than the school of origin or a school requested by the parent or guardian, a written explanation, including a statement regarding the right to appeal, will be provided to the homeless student's parent or guardian or the unaccompanied youth.
The Board of Education requires that these rights and the dispute process be communicated to the parent or guardian of the homeless student or unaccompanied youth.
In addition to notifying the parent or guardian of the homeless student or unaccompanied youth of the rights described above, the District shall post public notice of educational rights of children and youth experiencing homelessness in each school.
At the request of the parent or guardian, or in the case of an unaccompanied youth, the local homeless liaison, transportation shall be provided for a homeless student to and from the school of origin as follows:
a. If the homeless student continues to live in the School District in which the school of origin is located, transportation will be provided in accordance with District policy/administrative guidelines.
b. If the homeless student moves to an area served by another district, though continuing his/her education at the school of origin, the district of origin and the district in which the student resides must agree upon a method to apportion responsibility and costs for transportation to the school of origin. If the districts cannot agree upon such a method, the responsibility and costs must be shared equally.
The Superintendent will appoint a Liaison for Homeless Children who will perform the duties as assigned by the Superintendent. Additionally, the Liaison will coordinate and collaborate with the State Coordinator for the Education of Homeless Children and Youth as well as with community and school personnel responsible for the provision of education and related services to homeless children and youths.
Approved: January 14, 2015
LEGAL REF: 42 U.S.C. 11431 et seq. (McKinney - Vento Homeless Assistance Act)
8090 RELEASE OF A STUDENT DURING THE SCHOOL DAY
In recognition of the District's obligation to parents/guardians for the health, welfare and safety of students, building Principal/Program Administrators shall not release a student during the school day except in emergencies or to a student’s lawful custodian as defined by Michigan law. The identification of the student’s lawful custodian shall be verified to the satisfaction of the Principal/Program Administrator. All written or verbal requests of the lawful custodian shall be verified to the satisfaction of the Principal/Program Administrator. The name, address and telephone number of the lawful custodian shall be entered on the permanent record of the student in accordance with Board Policy 8040 and 8090-R.
If one parent has been awarded custody of the student in a divorce settlement, the parent in custody as defined in statute shall inform the school, in writing, of any limitations in the right of the non‑custodial parent. Absent such notice, the school will presume that the student may be released into the care of either parent.
No student who has a medical disability that may be incapacitating may be released from school without a person to accompany him/her.
No student shall be released from school to anyone whose signature authorizing such custody is not on file in the building.
Approved: December 11, 2002
LEGAL REF: MCL 380.1561(e); R 340.71-75; OAG, 1989-1990, No 6596, p 195 (August 9, 1989)
8100 STUDENT CONDUCT
Respect for law and for those persons in authority shall be expected of all students. This includes conformity to District rules as well as general provisions of law regarding minors. Respect for the rights of others, consideration of their privileges, and cooperative citizenship shall also be expected of all students.
Respect for real and personal property, pride in one's work, achievement within the range of one's ability; and exemplary personal standards of courtesy, decency, and honesty should be maintained in the programs of this District.
District personnel, students, and parents/guardians are responsible for the conduct of students while involved in any District sponsored activity.
Discipline on District vehicles shall be the responsibility of the driver on regular bus runs. When District vehicles are used for field trips and other District activities, however, the teacher or advisor shall be responsible for student discipline. If a student becomes a serious discipline problem on the vehicle, the Superintendent may suspend the transportation privileges of the student providing such suspension conform to due process.
Student conduct shall be governed by the rules and provisions of the Student Code of Conduct. This Code of Conduct shall be reviewed periodically.
Approved: December 11, 2002 LEGAL REF: MCL 380.601a; 380.1311; 380.1312
8130 SEARCHES OF MOTORIZED VEHICLES, LOCKERS, AND STUDENTS
Searches of lockers, motorized vehicles, and students shall be conducted under the appropriate legal standard, to maintain the safety and security of students, teachers, guests, and school property.
8130.1 Lockers
All lockers assigned to pupils are the property of the school District. At no time does the school relinquish its exclusive control of its lockers. The school Principal/Program Administrator shall have custody of all combinations to all lockers and locks. Pupils are prohibited from placing locks on any locker without the prior approval of the Principal/Program Administrator.
The school may assign temporary use of lockers to students for their convenience and the lockers may be used only as permitted by the rules developed by the Superintendent. The Board authorizes the Principal/Program Administrator to search lockers and locker contents at any time, without notice, and without parental/guardian or pupil consent. Random searches may be conducted.
The Principal/Program Administrator may request the assistance of law enforcement in conducting a locker search pursuant to state statute. If law enforcement is summoned, the Principal/Program Administrator shall supervise the search. In conducting a search, the privacy rights of the student regarding any items discovered that are not illegal or against school policy and rules shall be respected.
Any illegal or unauthorized items found during a locker search or items deemed to be a threat to the safety and security of others may be seized. Such items include, but are not limited to:
a.Firearms;
b.Explosives;
c.Dangerous weapons;
d.Flammable material;
e.Illegal controlled substances or controlled substances analogues or other intoxicants;
f.Contraband;
g.Poisons; and
h.Stolen property.
Law enforcement authorities shall be notified immediately of seizure of such items or of items that are required to be reported to law enforcement under the Statewide School Safety Information Policy. The items seized will be turned over to law enforcement. The parent/guardian of a minor student or a student 18 years of age or older, shall be notified by the Principal/Program Administrator of items removed from the locker, unless otherwise provided by law.
8130.2 Motorized Vehicles
Student use of a motorized vehicle on school property is a privilege. Motorized vehicles brought onto school property by students are subject to search by the Principal/Program Administrator, without notice or consent, if the Principal/Program Administrator reasonably suspects that the contents of the motorized vehicle may present a threat or potential threat to the health, safety, or welfare of other students, staff, or to the school in general.
In the case of a locked motor vehicle, every effort will be made to have the vehicle unlocked by the student before proceeding with the search. Students refusing to cooperate in allowing a search of a vehicle brought by them onto school property shall be subject to disciplinary action up to and including revocation of driving privileges on school property and/or long-term suspension or expulsion.
8130.3 Students
Upon reasonable suspicion, and in order to protect the health, safety or welfare of the students under school jurisdiction, the building/program administrators, are authorized to search students. All searches shall be carried out in the presence of an adult witness.
8130.4 Strip Searches
No strip searches shall be conducted by school authorities.
8130.5 Law Enforcement Searches
School officials shall cooperate with law enforcement officers who seek to execute a search warrant. Where law enforcement officers desire to search without a warrant, school officials should request that the circumstances be explained, and should normally not assist, unless a clear emergency exists.
Approved: December 11, 2002
LEGAL REF: MCL 380.1308(5), Statewide School Safety Information Policy, New Jersey v. T.L.O., 469 U.S. 325 (1985)
8140 INTERROGATION AND INVESTIGATIONS CONDUCTED IN SCHOOL
(Cf. 8580)
It shall be the policy of the District that a reasonable cooperative effort is to be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on the school premises or during a school-sponsored activity or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property. Administrators have the responsibility and the authority to determine when the presence and assistance of law enforcement officers is necessary within their respective jurisdictions. The District's administrators shall at all times act in a manner which protects and guarantees the rights of students and parents/guardians and shall cooperate with law enforcement officials as provided in 8140-R.
School staff members may be informed annually of the contents of this policy and rules.
Approved: December 11, 2002
8220 ALCOHOL AND DRUG ABUSE
Students, who unlawfully possess, use or distribute alcohol, look-alike drugs, inhalants, and/or illicit drugs on school premises or at a school activity or event will be subject to discipline up to and including expulsion and referral to the police for prosecution, in accordance with the District’s “Student Code of Conduct.” Students may also be required to complete, successfully, an appropriate rehabilitation program.
Approved: December 11, 2002 LEGAL REF: MCL 380.1170
8230 TOBACCO PRODUCTS
The use and/or the possession by any student, regardless of age, of any tobacco product are prohibited in any school building, at school-sponsored events, regardless of location, or on any school property.
Possession of tobacco products by any student under the age of 18 years may be reported to appropriate law enforcement authorities. (Cf. 2790)
Approved: December 11, 2002
LEGAL REF: MCL 380.1170; 333.12601 et seq.; 722.642; 750.473; OAG, 1977-1978, No 5202, p 167 (July 11, 1977); OAG, 1977-1978, No 5336, p 502 (June 28, 1978)
8240 STUDENT APPEARANCE
The Board of Education recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference. The Board will not interfere with the right of students and their parents/guardians to make decisions regarding their appearance, except when their choices interfere with the District's educational program.
Grooming guidelines as are necessary to promote discipline, maintain order, secure the safety of students, and provide a healthy environment conducive to educational purposes. Such guidelines shall prohibit any student dress or grooming practices that:
a. Present a hazard to the health or safety of the student himself/herself or to others;
b. Interfere with schoolwork, creates disorder, or disrupt the educational program;
c. Cause excessive wear or damage to District property; or
d. Prevent the student from achieving his/her own educational objectives
e. because of blocked vision or restricted movement.
Approved: December 11, 2002
8245 GANGS
The Board desires to keep District schools and students free from threats or harmful influence of any groups or gangs, which advocate drug use, violence, or disruptive behavior. The Superintendent shall maintain continual, visible supervision of District premises to deter gang intimidation of students and confrontations between members of different gangs.
The Superintendent may:
a. Establish open lines of communication with local law enforcement authorities to share information and provide mutual support in this effort;
b. Provide in-service training to help staff identify gangs and gang symbols, recognize early manifestations of disruptive activities, and respond appropriately to gang behavior; or
c. Keep the staff informed about conflict management techniques and alerted to intervention measures and community resources, which helps students.
The Board prohibits the presence of any apparel, jewelry, accessory, notebook or manner of grooming which, by virtue of its color, arrangement, trademark or any other attribute, denotes membership in gangs that advocate drug use, violence, or disruptive behavior.
Approved: December 11, 2002
8255 TERRORISTIC THREATS/ACTS
The Board recognizes the danger that terroristic threats or acts by students present to the safety and welfare of District students, staff, and community. The Board acknowledges the need for an immediate and effective response to a situation involving such a threat or act.
A terroristic threat shall mean a threat to commit violence communicated with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience, in reckless disregard of the risk causing such terror or inconvenience.
A terroristic act shall mean an offense against property or involving danger to another person.
The Board prohibits any District student, at any time, regardless of whether school is in session, from communicating terroristic threats or committing terroristic acts directed at any student, employee, Board member, community member, school building, or property. Any such threat, either real or intended as a joke, or any terroristic act will not be tolerated in or around the COOR Intermediate School District, its properties or in or on any vehicle or watercraft owned, leased, rented or used in connection with any school activity and hereby adopts a “zero tolerance” of any such actions.
The Board directs the Superintendent to react promptly and appropriately to information and knowledge concerning a possible or actual terroristic threat or act and to initiate or recommend the most serious disciplinary action available under the law for such threats or acts.
Staff members and students shall be responsible for informing the Superintendent regarding any information or knowledge they may have relevant to a possible or actual threat or act. Failure to bring forward information or knowledge relative to a possible or actual threat or act shall result in disciplinary consequences for students up to and including permanent expulsion and for staff members up to and including discharge.
When the Superintendent has evidence that a student has made a terroristic threat or committed a terroristic act, the following guidelines shall be applied:
a. The Superintendent shall immediately suspend the student;
b. The Superintendent shall promptly report the incident to the Board President; and
c. Based upon further investigation, the Superintendent will determine whether the student shall be reported to law enforcement officials.
The Superintendent, based upon further investigation, shall recommend expulsion, if appropriate, of the student to the Board.
If a student is expelled for making terroristic threats or committing terroristic acts, the Board may require, prior to readmission, that the student provide competent and credible evidence that the student does not pose a risk of harm to others.
Approved: December 11, 2002 LEGAL REF: MCL 380.1308
8260 BULLYING
It is the policy of the District to provide a safe and nurturing educational environment for all of its students.
This policy protects all students from bullying/aggressive behavior regardless of the subject matter or motivation for such impermissible behavior.
Bullying or other aggressive behavior toward a student, whether by other students, staff, or third parties, including Board members, parents, guests, contractors, vendors, and volunteers, is strictly prohibited. This prohibition includes written, physical, verbal, graphic or physical act (including electronically transmitted acts- i.e., cyberbullying, through the use of inter net, cell phone, personal digital assistant (PDA), computer, or wireless handheld device, currently in use or later developed and used by students) that is reasonably perceived as being dehumanizing, intimidating, hostile, humiliating, threatening, or otherwise likely to evoke fear of physical harm or emotional distress and may be motivated either by bias or prejudice based upon any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression; or a mental, physical, or sensory disability or impairment; or by any other distinguishing characteristic. and psychological abuse, including hazing, gestures, comments, threats, or actions to a student, which cause or threaten to cause bodily harm, reasonable fear for personal safety or personal degradation.
Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of administrators, faculty, staff, and volunteers to provide positive examples for student behavior.
This policy applies to all "at school" activities in the District, including activities on school property, in a school vehicle, and those occurring off school property if the student or employee is at any school-sponsored, school-approved or school-related activity or function, such as field trips or athletic events where students are under the school's control, or where an employee is engaged in school business. Misconduct occurring outside of school may also be disciplined if it interferes with the school environment.
8260.1 Notification
Notice of this policy will be annually circulated to and posted in conspicuous locations in all school buildings and departments within the District and discussed with students, as well as incorporated into the teacher, student, and parent/guardian handbooks. State and Federal rights posters on discrimination and harassment shall also be posted at each building. All new hires will be required to review and sign off on this policy and the related complaint procedure.
Parents/Guardians of the alleged victim(s), as well as of the alleged aggressor(s), shall be promptly notified of any complaint or investigation as well as the results of the investigation to the extent consistent with student confidentiality requirements. A record of the time and form of notice or attempts at notice shall be kept in the investigation file.
To the extent appropriate and/or legally permitted, confidentiality will be maintained during the investigation process. However, a proper investigation will, in some circumstances, require the disclosure of names and allegations. Further, the appropriate authorities may be notified, depending on the nature of the complaint and/or the results of the investigation.
8260.2 Implementation
The Superintendent is responsible to implement this policy, and may develop further guidelines, not inconsistent with this policy.
This policy is not intended to and should not be interpreted to interfere with legitimate free speech rights of any individual. However, the District reserves the right and responsibility to maintain a safe environment for students, conducive to learning and other legitimate objectives of the school program.
8260.3 Procedure
Any student who believes he/she has been or is the victim of bullying, hazing, or other aggressive behavior should immediately report the situation to the Principal or Director. The student may also report concerns to a teacher or staff who will be responsible for notifying the appropriate administrator or Board official. Complaints against the building Principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board President.
Every student is encouraged, and every staff member is required, to report any situation that they believe to be aggressive behavior directed toward a student. Reports shall be made to those identified above. Reports may be made anonymously, but formal disciplinary action may not be taken solely on the basis of an anonymous report.
The Principal or other administrator as designated shall promptly investigate and document all complaints about bullying, aggressive or other behavior that may violate this policy. The investigation must be completed as promptly as the circumstances permit and should be completed within three (3) school days after a report or complaint is made.
If the investigation finds an instance of bullying or aggressive behavior has occurred, it will result in prompt and appropriate remedial action. This may include up to expulsion for students, up to discharge for employees, exclusion for parents/guardians, guests, volunteers and contractors, and removal from any official position and/or a request to resign for Board members. Individuals may also be referred to law enforcement or other appropriate officials.
The individual responsible for conducting the investigation shall document all reported incidents and report all verified incidents of bullying, aggressive or other prohibited behavior, as well as any remedial action taken, including disciplinary actions and referrals, to the Superintendent. The Superintendent shall submit a compiled report to the Board on an annual basis.
8260.4 Non-Retaliation/False Reports
Retaliation or false allegations against any person who reports, is thought to have reported, files a complaint, participates in an investigation or inquiry concerning allegations of bullying or aggressive behavior (as a witness or otherwise), or is the target of the bullying or aggressive behavior being investigated, is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of Board policy, independent of whether a complaint of bullying is substantiated. Suspected retaliation should be reported in the same manner as bullying/aggressive behavior.
Making intentionally false reports about bullying/aggressive behavior for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Retaliation and intentionally false reports may result in disciplinary action as indicated above.
8260.5 Definitions
The following definitions are provided for guidance only. If a student or other individual believes there has been bullying, hazing, harassment or other aggressive behavior, regardless of whether it fits a particular definition, he/she should report it immediately and allow the administration to determine the appropriate course of action.
“Aggressive behavior” is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student's educational, physical, or emotional well-being. Such behavior includes, for example, bullying, hazing, stalking, intimidation, menacing, coercion, name-calling, taunting, making threats, and hitting/pushing/shoving.
“At School” is defined as in a classroom, elsewhere on school premises, on a school bus or other school related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises. It also includes conduct using a telecommunications access device or telecommunications service provider that occurs off school premises if either owned by or under the control of the District.
“Bullying” is defined as any gesture or written, verbal, graphic, or physical act (including electronically transmitted acts, i.e. internet, telephone or cell phone, personal digital assistant (PDA), or wireless hand held device) that, without regard to its subject matter or motivating animus, is intended or that a reasonable person would know is likely to harm one (1) or more students either directly or indirectly by doing any of the following:
- Substantially interfering with educational opportunities, benefits, or programs of one (1) or more students;
- Adversely affecting the ability of a student to participate in or benefit from the school District's educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress;
- Having an actual and substantial detrimental effect on a student's physical or mental health; and/or
- Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
Bullying can be physical, verbal, psychological, or a combination of all three. Some examples of bullying are:
- Physical - hitting, kicking, spitting, pushing, pulling; taking and/or damaging personal belongings or extorting money, blocking or impeding student movement, unwelcome physical contact.
- Verbal - taunting, malicious teasing, insulting, name calling, making threats.
- Psychological - spreading rumors, manipulating social relationships, coercion, or engaging in social exclusion/shunning, extortion, or intimidation. This may occur in a number of different ways, including but not limited to notes, emails, social media postings, and graffiti.
“Harassment” includes, but is not limited to, any act which subjects an individual or group to unwanted, abusive behavior of a nonverbal, verbal, written or physical nature, often on the basis of age, race, religion, color, national origin, marital status or disability, but may also include sexual orientation, physical characteristics (e.g., height, weight, complexion), cultural background, socioeconomic status, or geographic location (e.g., from rival school, different state, rural area, city, etc.).
“Intimidation/Menacing” includes, but is not limited to, any threat or act intended to: place a person in fear of physical injury or offensive physical contact; to substantially damage or interfere with person's property; or to intentionally interfere with or block a person's movement without good reason.
“Staff” includes all school employees and Board members.
“Third parties” include, but are not limited to, coaches, school volunteers, parents, school visitors, service contractors, vendors, or others engaged in District business, and others not directly subject to school control at inter-district or intra-district athletic competitions or other school events.
For further definition and instances that could possibly be construed as Harassment, see policy 8018.
Approved: April 11, 2012, Amended: Oct 14, 2015
LEGAL REF: MCL 380.1310B (Matt's Safe School Law, PA 241 of 2011); Model Anti-Bullying Policy, Michigan State Board of Education
8300 STUDENT DISCIPLINE
It is the Board's policy to provide students and staff with a safe learning environment free from substantial disruption. Consistent with this policy, the District may discipline students who engage in misconduct. Discipline may, but need not, include suspension or expulsion from school.
It is the Board's policy that students should rarely be suspended or expelled from school and that steps should be taken to minimize occurrences of suspension and expulsion. It is further the Board's policy to comply with all applicable state and federal laws related to student discipline.
It is the Board's expectation that this Board Policy, especially those provisions that require consideration of specific factors and the possibility of restorative practices before suspending or expelling a student, will reduce the number of out-of-school suspensions that exceed 10 days and the number of expulsions.
This Board Policy applies to all student conduct that occurs: (1) on school property; (2) at a school-sponsored or school-related event; (3) on the school bus; (4) traveling to or from school, including at a school bus stop; and (5) at any other time or place if the conduct has a direct nexus to the school environment.
8300.1 Student Code of Conduct
The Board directs the Superintendent to develop and regularly update a student code of conduct. The student code of conduct must: (1) identify offenses that may result in discipline; (2) identify the possible disciplinary consequences for each offense, which may, but need not, include suspension or expulsion; (3) be consistent with Board policy and applicable state and federal laws, including laws requiring mandatory suspension or expulsion; and (4) include a copy of the section of this Board Policy entitled "Suspension from Class, Subject, or Activity by Teacher."
8300.2 Definitions
For purposes of this Board Policy:
"Suspend" or "Suspension" means a disciplinary removal from school for less than 60 school days.
"Expel" or "Expulsion" means a disciplinary removal from school for 60 or more school days.
"Restorative practices" means practices that emphasize repairing the harm to the victim and the school community caused by a student's misconduct.
8300.3 Restorative Practices
Before suspending or expelling any student (except a student who possesses a firearm in a weapon-free school zone), teachers, administrators, and the Board must first determine whether restorative practices would better address the student's misconduct, recognizing the Board's policy to minimize out-of-school suspensions and expulsions. Likewise, when suspending or expelling a student, teachers, administrators, and the Board must consider whether restorative practices should be used in addition to the suspension or expulsion. Restorative practices, which may include a victim-offender conference, should be the first consideration to remediate offenses such as interpersonal conflicts, bullying, verbal and physical conflicts, theft, damage to property, class disruption, and harassment and cyberbullying.
A victim-offender conference is one type of restorative practice. Although not mandatory, a victim-offender conference allows the offender to repair harm caused to the victim through a formal, safe conference that includes the victim, a victim advocate, supporters of the victim, the offender, supporters of the offender, and other relevant members of the school community. A victim-offender conference must be initiated by the victim and, if the victim is under 15, must be approved by the victim's parent/guardian. The attendees may require the offender to do one or more of the following: (1) apologize; (2) participate in community service, restoration, or counseling; or (3) pay restitution. The selected consequences will be described in a written agreement signed by all attendees and must identify the time frame for the offender to complete the consequences. No person who claims to be the victim of unlawful harassment may be compelled to meet with the alleged perpetrator of the harassment as part of a restorative practice.
8300.4 Suspension from Class, Subject, or Activity by Teacher
A teacher may suspend a student from any class, subject, or activity for up to one full school day if the teacher has good reason to believe that the student: (1) intentionally disrupted the class, subject, or activity; (2) jeopardized the health or safety of any of the other participants in the class, subject, or activity; or (3) was insubordinate during the class, subject, or activity. Before suspending a student from a class, subject, or activity, a teacher must first determine whether suspension is warranted based on the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
The Board directs any teacher who suspends a student from a class, subject, or activity to immediately report the suspension and the reason for the suspension to the building administrator or designee. If a student is suspended from a class, subject, or activity, but will otherwise remain at school, the Board directs the building administrator or designee to ensure that the student is appropriately supervised during the suspension and, if the student is a student with a disability, that all procedures that apply to students with disabilities are followed.
The Board directs any teacher who suspends a student from a class, subject, or activity to, as soon as possible following the suspension, request that the student's parent/guardian attend a parent-teacher conference to discuss the suspension. The Board directs the building administrator or designee to attend the conference if either the teacher or the parent/guardian requests the attendance of a school administrator. In addition, the Board directs the building administrator to make reasonable efforts to invite a school counselor, school psychologist, or school social worker to attend the conference.
8300.5 Discretionary Suspension or Expulsion
Under Michigan law, a suspension of 10 or fewer school days is presumed to be reasonable. A suspension of greater than 10 school days, or an expulsion, is, in most circumstances, presumed not to be warranted. Before imposing a suspension of more than 10 school days or an expulsion, District administration or the Board must rebut the presumption (i.e., explain why the suspension or expulsion is warranted despite the presumption) by considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Building Administrators -10 or fewer days
The Board delegates to all building administrators the authority to suspend a student for up to 10 school days for an offense identified in the student code of conduct if the code of conduct states that the offense may result in suspension. The building administrator may also suspend a student pending further investigation and possible further disciplinary consequences, including a longer-term suspension or expulsion. Before exercising this authority, the building administrator must consider all of the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Additionally, before suspending a student for any length of time, the building administrator must provide the student due process as described in the section of this policy entitled "Due Process." If the student is a student with a disability, the student's discipline is also subject to the section of this policy entitled "Students with Disabilities."
Superintendent - Less than 60 days
The Board delegates to the Superintendent the authority to suspend a student for up to 59 school days for an offense identified in the student code of conduct if the code of conduct states that the offense may result in suspension of up to 59 school days. Before exercising this authority, the Superintendent must consider all of the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Any time the Superintendent finds that a suspension of more than 10 school days is warranted, the Superintendent must explain his or her rationale in writing. The Superintendent's rationale must be based on the above factors.
Additionally, before suspending a student for any length of time, the Superintendent must provide the student due process as described in the section of this policy entitled "Due Process." If the student is a student with a disability, the student's discipline is also subject to the section of this policy entitled "Students with Disabilities."
Board - Expulsion
The Board may suspend or expel a student for an offense identified in the student code of conduct if the code of conduct states that the offense may result in suspension or expulsion. Before exercising this authority, the Board must consider all of the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Any time the Board finds that a suspension of more than 10 school days or expulsion is warranted, the Board must explain its rationale in writing. The Board's rationale must be based on the above factors.
Before exercising this authority, the Board must provide the student due process as described in the section of this policy entitled "Due Process." If the student is a student with a disability, the student's discipline is also subject to the section of this policy entitled "Students with Disabilities."
8300.6 Mandatory Suspension or Expulsion
It is the policy of the Board to comply with the federal Gun-Free Schools Act and sections 1310, 1311, and 131 la of the Revised School Code. Nothing in this section of the Board Policy may be construed to limit the Board's discretion to suspend or expel a student for any offense that the student code of conduct identifies as possibly resulting in suspension or expulsion. The Board directs all administrators to refer all incidents that may result in a mandatory suspension or expulsion to the Board. The Board recognizes that, as explained below, in some circumstances it may choose not to suspend or expel a student.
Possession of a Firearm
If a student possesses a firearm in a weapon-free school zone, the Board will permanently expel the student unless the student demonstrates, in a clear and convincing manner, at least one of the following:
The student was not possessing the instrument or object to use as a weapon or to deliver, either directly or indirectly, to another person to use as a weapon;
- The student did not knowingly possess the weapon;
- The student did not know or have reason to know that the instrument or object constituted a "dangerous weapon"; or
- The student possessed the weapon at the suggestion, request, or direction of, or with the express permission of, school or police authorities.
If a student demonstrates one of the above circumstances in a clear and convincing manner and the student has not been previously suspended or expelled from school, the Board will not expel the student unless the Board finds that, based on the circumstances, expulsion is warranted.
Possession of a Dangerous Weapon (Other than a Firearm)
If a student possesses a dangerous weapon in a weapon-free school zone, the Board will consider whether to permanently expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Additionally, the Board is not required to expel a student for possession of a dangerous weapon (other than a firearm) if the student demonstrates, in a clear and convincing manner, at least one of the following:
- The student was not possessing the instrument or object to use as a weapon or to deliver, either directly or indirectly, to another person to use as a weapon;The student did not knowingly possess the weapon;
- The student did not know or have reason to know that the instrument or object constituted a "dangerous weapon"; or
- The student possessed the weapon at the suggestion, request, or direction of, or with the express permission of, school or police authorities.
Applicable Definitions for Dangerous Weapon Offense
"Weapon-Free School Zone" means school property and a vehicle used by a school to transport students to or from school property.
"School Property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
"Dangerous weapon" means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.
"Firearm" means (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. "Firearm" does not include an antique firearm.
"Destructive device" means (1) any explosive, incendiary, or poison gas (including a bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device); (2) any type of weapon (other than a shotgun or a shotgun shell that the Attorney General finds 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 a destructive device and from which a destructive device may be readily assembled.
"Antique firearm" means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or any replica of any such firearm if the replica: (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. "Antique firearm" also means any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. "Antique firearm" does not include any weapon that incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
Additional Procedures for Dangerous Weapon Expulsion
The Board directs the Superintendent to ensure that if a student is expelled for possession of a dangerous weapon, the student's permanent record reflects the expulsion. The Board directs the Superintendent or designee to refer a student who is expelled for possession of a dangerous weapon to the county department of social services or the county community mental health agency and to notify the student's parent or legal guardian (or the student if the student is at least age 18 or is an emancipated minor) of the referral within 3 calendar days of the expulsion. The Board further directs the Superintendent or designee to make a referral to local law enforcement and to contact the student's parent/guardian immediately any time a student is found to have brought a dangerous weapon to school or possessed a dangerous weapon at school, at a school related activity, or en route to or from school in a school vehicle.
Unless reinstated pursuant to section 1311(6) of the Revised School Code, a student expelled by another district for possession of a dangerous weapon may not enroll in the District.
Arson
If a student is convicted of, or pleads guilty or no contest to, committing arson, as defined in section 1311 of the Revised School Code, in a school building or on school grounds, the Board will consider whether to permanently expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Additional Procedures for Arson Expulsion
The Board directs the Superintendent to ensure that if a student is expelled for committing arson, the student's permanent record reflects the expulsion. The Board directs the Superintendent or designee to refer a student who is expelled for committing arson to the county department of social services or the county community mental health agency and to notify the student's parent/guardian (or the student if the student is at least age 18 or is an emancipated minor) of the referral within 3 calendar days of the expulsion.
Unless reinstated pursuant to section 1311(6) of the Revised School Code, a student expelled by another district for committing arson may not enroll in the District.
Criminal Sexual Conduct
If a student is convicted of, or pleads guilty or no contest to, committing criminal sexual conduct, as defined in section 1311 of the Revised School Code, in a school building or on school grounds, the Board will consider whether to permanently expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Additional Procedures for Criminal Sexual Conduct Expulsion
The Board directs the Superintendent to ensure that if a student is expelled for committing criminal sexual conduct, the student's permanent record reflects the expulsion. The Board directs the Superintendent or designee to refer a student who is expelled for committing criminal sexual conduct to the county department of social services or the county community mental health agency and to notify the student's parent/guardian (or the student if the student is at least age 18 or is an emancipated minor) of the referral within 3 calendar days of the expulsion.
Unless reinstated pursuant to section 1311(6) of the Revised School Code, a student expelled by another district for committing criminal sexual conduct may not enroll in the District.
Physical Assault Against Employee, Volunteer, or Contractor
If a student in grade 6 or above commits a physical assault at school against an employee, volunteer, or contractor and the victim reports the physical assault to the Board or to an administrator or, if the victim is unable to report the assault, another person makes the report on the victim's behalf, the Board will consider whether to permanently expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
"Physical assault" means intentionally causing or attempting to cause physical harm to another through force or violence.
Additional Procedures for Physical Assault Against Employee/Volunteer/Contractor Expulsion
The Board directs the Superintendent to ensure that if a student is expelled for physically assaulting an employee, volunteer, or contractor, the student's permanent record reflects the expulsion. The Board directs the Superintendent, or his or her designee, to refer a student who is expelled for physically assaulting an employee, volunteer, or contractor to the county department of social services or the county community mental health agency and to notify the student's parent/guardian (or the student if the student is at least age 18 or is an emancipated minor) of the referral within 3 calendar days of the expulsion.
Unless reinstated pursuant to section 1311 a(5) of the Revised School Code, a student expelled by another district for physically assaulting an employee, volunteer, or contractor may not enroll in the District.
Physical Assault Against Another Student
If a student in grade 6 or above commits a physical assault at school against another student and the physical assault is reported to the Board or to an administrator, the Board or its designee will consider whether to suspend or expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
"Physical assault" means intentionally causing or attempting to cause physical harm to another through force or violence.
Additional Procedures for Physical Assault Against Another Student
A resident student in grade 6 or above who was expelled by another school for committing a physical assault against another student may submit a petition to the Board requesting enrollment in the District. The Board will consider the petition, along with any information the Board determines relevant, at its next regularly scheduled board meeting. The Board may either grant or deny the petition. If the Board denies the petition, the student may not enroll in the District. The Board's decision is final.
Bomb Threat or Similar Threat
If a student in grade 6 or above makes a bomb threat or similar threat directed at a school building, other school property, or a school-related event, the Board or its designee will consider whether to suspend or expel the student or to impose a less severe penalty after first considering the following factors:
- The student's age;
- The student's disciplinary history;
- Whether the student has a disability;
- The seriousness of the behavior;
- Whether the behavior posed a safety risk;
- Whether restorative practices are a better option; and
- Whether lesser interventions would address the behavior.
Additional Procedures for Bomb Threat or Similar Threat
A resident student in grade 6 or above who was expelled by another school district for making a bomb threat or similar threat may submit a petition to the Board requesting enrollment in the District. The Board will consider the petition, along with any information the Board determines relevant, at its next regularly scheduled board meeting. The Board may either grant or deny the petition. If the Board denies the petition, the student may not enroll in the District. The Board's decision is final.
8300.7 Reinstatement Following Suspension or Expulsion
It is the policy of the Board to consider a petition for reinstatement from an expelled student and the parent/guardian and to follow the requirements of sections 1311 and 131 la of the Revised School Code.
Reinstatement Following Mandatory Permanent Expulsion
The parent/guardian (or the student if emancipated or at least 18 years old) of a student who was in grade 5 or below at the time of expulsion and who was expelled for possessing a firearm or threatening another person with a dangerous weapon may file a petition for reinstatement 60 school days or later from the date of the expulsion. The Board, in its discretion, may reinstate a student who was in grade 5 or below at the time of expulsion and who was expelled for possessing a firearm or threatening another person with a dangerous weapon no sooner than 90 school days after the date of the expulsion.
The parent/guardian (or student if emancipated or at least 18 years old) of a student who was in grade 5 or below at the time of expulsion and who was expelled for possessing a dangerous weapon but not for possessing a firearm or threatening another person with a dangerous weapon, or who was expelled for committing arson or criminal sexual conduct, may file a petition for reinstatement at any time. The Board, in its discretion, may reinstate a student who was in grade 5 or below at the time of expulsion and who was expelled for possessing a dangerous weapon (unless the possession was of a firearm or involved threatening another person with a dangerous weapon) or for committing arson or criminal sexual conduct no sooner than 10 school days after the date of the expulsion.
The parent/guardian (or student if emancipated or at least 18 years old) of a student who was in grade 6 or above at the time of expulsion and who was expelled for (1) possessing a dangerous weapon; (2) committing arson; (3)committing criminal sexual conduct; or (4) physically assaulting an employee, volunteer, or contractor, may file a petition for reinstatement 150 school days or later from the date of the expulsion. The Board, in its discretion, may reinstate a student who was in grade 6 or above at the time of expulsion and who was expelled for (1) possessing a dangerous weapon; (2) committing arson; (3) committing criminal sexual conduct; or (4) physically assaulting an employee, volunteer, or contractor, no sooner than 180 school days after the date of the expulsion.
It is the responsibility of the parent/guardian (or the student if emancipated or at least 18 years old) to prepare and submit the reinstatement petition. The Board will, however, provide a reinstatement petition form, upon request, for the parent/guardian or student to use. The Board may request that the parent/guardian or the student attach additional relevant information to the reinstatement petition.
The Board will appoint a reinstatement committee, consisting of 2 board members, 1 administrator, 1 teacher, and 1 parent of a current District student, to consider a reinstatement petition. The Board will appoint the reinstatement committee no more than 10 school days after receiving a reinstatement petition. The Superintendent is directed to prepare and submit information to the reinstatement committee related to the circumstances surrounding the student's expulsion and any factors supporting and not supporting reinstatement.
The reinstatement committee must convene not later than 10 school days following its appointment to: (1) review the reinstatement petition and supporting documentation submitted by the parent/guardian or the student; (2) review the information submitted by the Superintendent; and (3) submit to the Board a written recommendation on whether the Board should unconditionally reinstate the student, conditionally reinstate the student, or deny reinstatement to the student, based on consideration of all of the following factors:
- The extent to which reinstatement would create a risk of harm to other students or personnel;
- The extent to which reinstatement would create a risk of school liability or individual liability for the board or school personnel;
- The age and maturity of the student;
- The student's school record before the incident that caused the expulsion;
- The student's attitude concerning the incident that caused the expulsion;
- The student's behavior since the expulsion and the student's prospects for remediation; and
- If the petition was filed by a parent or guardian, the degree of cooperation that the parent or guardian has provided the student and the degree of cooperation that the parent or guardian can be expected to provide the student if the student is reinstated.
Before making its recommendation, the reinstatement committee may request that the student and his or her parent/guardian appear in person to answer questions. If the committee recommends that the student be conditionally reinstated, the committee must include in its written recommendation to the Board a list of recommended conditions.
At or before its next regularly scheduled meeting following receipt of the reinstatement committee's recommendation, the Board will consider the recommendation and make a final decision to unconditionally reinstate the student, conditionally reinstate the student, or deny reinstatement. The Board may require a student, and if the petition was filed by a parent/guardian, the parent/guardian, to agree in writing to specific conditions to reinstatement, including, without limitation, a behavior contract, completion of an anger management program, a "last-chance" agreement, counseling, drug treatment, or a psychological evaluation. The Board's decision to unconditionally grant, conditionally grant, or deny the reinstatement petition is final. Unless otherwise expressly authorized by the Board at the time of denial, if the Board denies reinstatement, the parent, guardian, or student may not file another petition for reinstatement until 180 school days after the date of the denial.
Reinstatement Following Discretionary Permanent Expulsion
Unless otherwise expressly authorized by the Board at the time of a permanent expulsion, a student expelled for reasons other than those resulting in a mandatory permanent expulsion may not petition the Board for reinstatement until at least 150 school days after the date of the expulsion, and the student may not be reinstated until at least 180 school days after the date of the permanent expulsion. Upon receipt of a timely reinstatement petition, the Board will hold a hearing at its next regularly scheduled meeting to consider the petition and any information submitted by the student or his or her parent/guardian and the Superintendent in either support of or opposition to the petition. The Board may unconditionally grant, conditionally grant, or deny the reinstatement petition. The Board's decision is final. Unless otherwise expressly authorized by the Board, if the Board denies reinstatement, the parent, guardian, or student may not file another petition for reinstatement until at least 180 school days after the date of the denial.
8300.8 Enrollment Following Misconduct at Another District
To the extent permitted by law, the District may deny enrollment to a student who engaged in misconduct in another school and who seeks to enroll in the District either: (1) before the previous school imposes disciplinary consequences for the misconduct, or (2) while the student is suspended or expelled from the previous school. The Superintendent is directed to refer any such student to the Board if, under the District's student code of conduct, the student's misconduct in the previous school would result in a long-term suspension or expulsion from the District and, in the Superintendent's opinion, the student's enrollment in the District would jeopardize the safety, welfare, or good order of the District. The Board will hold a pre-enrollment hearing following the Superintendent's referral to consider whether the student may enroll and, if so, any conditions on enrollment. The Board will consider any information submitted by the student or his or her parent/guardian and the Superintendent in either support of or opposition to the student's enrollment.
8300.9 Due Process
It is the Board's policy to ensure that all students are provided due process as required by state and federal law before a student is suspended or expelled. The Board directs the Superintendent and all school administrators to protect the due process rights of students as explained below.
If a school administrator determines that an emergency exists that requires the immediate removal of a student from school, the administrator may contact the student's parent/guardian or local law enforcement, or take other measures, to have the student safely removed from school. The administrator must, as soon as practicable thereafter, follow the procedures outlined in this section of the policy.
Before making the decision to suspend a student for 10 or fewer school days, an administrator will:
- Provide the student verbal notice of the offense the student is suspected to have committed, and
- provide the student an informal opportunity to explain what happened. Except in emergency circumstances, an administrator will not suspend the student unless, after providing the student notice and an opportunity to explain, the administrator is reasonably certain that the student committed a violation of the student code of conduct and that suspension is the appropriate consequence. A student or his or her parent/guardian may appeal an administrator's decision to suspend a student for 10 or fewer school days to the Superintendent. The appeal must be submitted to the Superintendent within 3 calendar days of the suspension. The Superintendent's decision is final. The student will remain suspended while the appeal is pending.
Before making the decision to suspend a student for more than 10 school days, the Superintendent will provide the student and his or her parent/guardian:
- written notice of the offense the student is suspected to have committed, and
- an opportunity for a hearing, at which the student may present evidence and witnesses to show that the student did not commit the alleged offense or that suspension is not an appropriate consequence.
The Superintendent will provide the student and his or her parent/guardian at least 3 calendar days' notice before the hearing. The student and his or her parent/guardian may be represented at their cost by an attorney or another adult advocate at the hearing. The Superintendent will not suspend the student unless, following the hearing, he or she is convinced by a preponderance of the evidence that the student committed a violation of the student code of conduct and that suspension is the appropriate consequence. A student or his or her parent/guardian may appeal the Superintendent's decision to the Board. The appeal must be submitted to the Board within 3 calendar days of the suspension. The Board will hear the appeal at its next regularly scheduled meeting. The Board's decision is final. The student will remain suspended while the appeal is pending.
Before the Board suspends or expels a student, administration will provide the student and his or her parent/guardian: (1) written notice of the offense the student is suspected to have committed, and (2) an opportunity for a Board hearing, at which the student may present evidence and witnesses to show that the student did not commit the suspected offense or that suspension or expulsion is not an appropriate consequence.
Administration will provide the student and his or her parent/guardian at least 3 calendar days' notice before the hearing. The student and his or her parent/guardian may be represented at their cost by an attorney or another adult advocate at the hearing. The Board will not suspend or expel the student unless, following the hearing, a majority of the Board is convinced by a preponderance of the evidence that the student committed misconduct that should result in suspension or expulsion under either the student code of conduct or the Revised School Code and that suspension or expulsion is the appropriate consequence. The Board's decision is final.
8300.10 Law Enforcement
The Board directs administrators to contact law enforcement any time a student engages in suspected illegal conduct that jeopardizes the health or safety of other students or staff, including any time a student is in possession of a dangerous weapon at school or a school-related activity or en route to or from school. In addition, the Board directs administrators to notify law enforcement as required by the Statewide School Safety Information Policy.
8300.11 Reporting
The Board directs administrators to notify law enforcement when required by the Statewide School Safety Information Policy and to make all other reports and provide all other notifications required by the School Safety Information Policy or any state or federal law.
The Board directs administrators to refer a student who is expelled for (1) possession of a dangerous weapon; (2) arson; (3) criminal sexual conduct; or (4) physically assaulting an employee, volunteer, or contractor to the county department of social services or the county community mental health agency and to notify the student's parent/guardian (or the student if the student is at least age 18 or is an emancipated minor) of the referral within 3 calendar days of the expulsion.
8300.12 Educational Programming During Suspension or Expulsion
Except as otherwise provided in this policy, a student who has been suspended or expelled may not be on school property, attend classes or other school functions, or participate in extracurricular activities during the student's suspension or expulsion. The Board authorizes school officials to assist students who have been suspended or expelled to explore alternative means, as allowed by law, to earn credit and to complete course work during the period of the student's suspension or expulsion.
8300.13 Students with Disabilities
It is the Board's policy to follow all applicable state and federal laws related to disciplining students with disabilities. Additionally, students with disabilities are entitled to the same due process protections as all other students.
On the date on which the District decides to (1) expel a student with a disability; (2) suspend a student with a disability for more than 10 consecutive school days; (3) suspend a student with a disability for more than 10 cumulative school days in the same school year if a pattern of removals exist (explained below); or (4) place a student with a disability in an interim alternative educational setting (explained below), the District will notify the student's parent/guardian of that decision and will provide the parent/guardian a copy of procedural safeguards.
Within 10 school days of a decision to (1) expel a student with a disability or (2) suspend a student with a disability for more than 10 consecutive school days, the District will convene a manifestation determination review team meeting, which must include the parent/guardian and relevant members of the student's IEP or 504 team, to determine whether the student's conduct was a manifestation of his or her disability. If the team concludes that the conduct was a manifestation of the student's disability, the District may not continue the suspension or expulsion. For a student with an IEP, if the team finds the conduct to be a manifestation of the student's disability, the District must either: (1) conduct a functional behavioral assessment (unless one was previously conducted) and implement a behavior intervention plan for the student, or (2) if a behavior intervention plan was already developed, review and modify the behavior intervention plan to address the conduct at issue. If the IEP or 504 team concludes that the conduct was a manifestation of the student's disability, the student must be returned to the placement from which the student was removed unless the parent and the District agree to change the placement or unless the student may be placed in a 45-school day interim alternative educational setting (explained below). If the team concludes that the conduct was not a manifestation of the student's disability, the District may proceed with the suspension or expulsion by observing the due process requirements discussed above and, if the student has and IEP must, if appropriate, conduct a functional behavioral assessment and develop a behavior intervention plan for the student.
Before suspending a student with a disability for more than 10 cumulative days in a school year, District administration must determine whether the student's removals from school constitute a pattern. If the District determines that the removals constitute a pattern, the District will, within 10 school days of a decision to expel the student or to suspend the student for more than 10 cumulative school days in a school year, convene a manifestation determination review team meeting, which must include the parent/guardian and relevant members of the student's IEP team, to determine whether the student's conduct was a manifestation of his or her disability. If the team concludes that the conduct was a manifestation of the student's disability, the District may not continue the suspension or expulsion. For a student with an IEP, if the team finds the conduct to be a manifestation of the student's disability, the District must either: (1) conduct a functional behavioral assessment (unless one was previously conducted) and implement a behavior intervention plan or (2) if a behavior intervention plan was already developed, review and modify the behavior intervention plan to address the conduct at issue. If the team concludes that the conduct was a manifestation of the student's disability, the student must be returned to the placement from which the student was removed unless the parent and the District agree to change the placement or unless the student may be placed in a 45-school day interim alternative educational setting (explained below). If the team concludes that the conduct was not a manifestation of the student's disability, the District may proceed with the suspension or expulsion by observing the due process requirements discussed above and, if the student has and IEP must, if appropriate, conduct a functional behavioral assessment and develop a behavior intervention plan for the student.
District administrators may remove a student with a disability who engages in any of the following conduct to an interim alternative educational setting for not more than 45 school days, even if the conduct is a manifestation of the student's disability:
- Carrying a weapon to or possessing a weapon at school, on school premises, or to or at a school function;
- Knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, while at school, on school premises, or at a school function; or
- Inflicting serious bodily injury upon another person while at school, on school premises, or at a school function.
For purposes of this section of the Policy only, a "weapon" means a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. A "weapon" does not include a pocket knife with a blade of less than 2Yi inches in length. No student may be removed to an interim alternative educational setting without first receiving the due process rights afforded under this Board Policy.
Within 10 school days of a decision to place a student in an interim alternative educational setting, District administration must convene a manifestation determination review team meeting, which must include the parent/guardian and relevant members of the student's IEP team, to determine whether the student's conduct was a manifestation of his or her disability. If the student has an IEP and the team concludes that the conduct was a manifestation of the student's disability, the District must either: (1) conduct a functional behavioral assessment (unless one was previously conducted) and implement a behavior intervention plan or (2) if a behavior intervention plan was already developed, review and modify the behavior intervention plan to address the conduct at issue. If the student has an IEP and the team concludes that the conduct was not a manifestation of the student's disability, the District must, if appropriate, conduct a functional behavioral assessment and develop a behavior intervention plan for the student.
The District reserves its right to remove a dangerous student from school to the maximum extent permitted by law. The Board directs administration to follow all state and federal laws governing the removal of dangerous students with disabilities.
If a student who is eligible for services under the Individuals with Disabilities Education Act is expelled or suspended for more than 10 school days during a school year or placed in a 45-school day interim alternative educational setting, administrators must ensure that the student continues to receive programs and services, although in a setting other than the regular school setting, that are sufficient to enable the student to participate in the general education curriculum and to progress toward meeting the goals contained in the student's IEP.
A student who is not currently identified as a student with a disability is entitled to the rights and procedures provided to students with disabilities if the District had knowledge that the student was a student with a disability before the misconduct occurred. The District will be deemed to have knowledge that a student was a student with a disability only if: (1) the student's parent/guardian expressed concern in writing to a District administrator that the student needed special education or related services, (2) the student's parent/guardian requested a special education evaluation, or (3) the student's teacher or other personnel expressed specific concerns about a pattern of behavior demonstrated by the student to the District's special education director or to other supervisory personnel. The District will, however, be deemed to not have had knowledge that the student was a student with a disability if: (1) the student's parent/guardian refused to allow the District to evaluate the student; (2) the student's parent/guardian refused special education for the student; or (3) the student was previously evaluated and determined to not be a student with a disability.
This policy does not provide a comprehensive description of the disciplinary rights and procedures due to students with disabilities. The Board directs administration to ensure that all other rights of students with disabilities are protected and all procedures applicable to students with disabilities are followed as required by the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, state law, and Board policy.
LEGAL REF: MCL 380.11a; MCL 380.1308; MCL 380.1309; MCL 380.1310; MCL 380.1310a; MCL 380.1310c; MCL 380.1310d;MCL 380.1311;MCL 380.131 la; MCL 380.1313
Gun Free Schools Act, 20 U.S.C. §7151
18U.S.C. §921
Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq.
Rehabilitation Act of 1973,29 U.S.C. §§705, 794-794b.
8310 EMERGENCY USE OF SECLUSION AND RESTRAINT
Emergency seclusion and restraint must only be used in an emergency and if it is essential for the safety of the student or others.
May not be used instead of appropriate less-restrictive interventions.
Interventions shall be safe, appropriate, proportionate, and sensitive to the severity of the behavior; the chronological and developmental age; physical size; gender; physical, medical and psychological conditions; and personal history (physical or sexual abuse or trauma).
The District shall comply with the “Policy for the Emergency Use of Seclusion and Restraint” approved by the State Board of Education March 14, 2017.
8310.1 Michigan Department of Education- State Board of Education Policy
Approved: August 9, 2017
LEGAL REF: MCL 380.1307
8450 STUDENT WELFARE
(Cf. 8590)
The Board and Superintendent will endeavor to provide a suitable environment conducive to the general health, safety, and welfare of each student in school attendance and in school-sponsored activities.
Approved: December 11, 2002 LEGAL REF: MCL 333.26301-26306
8453 STUDENT WELLNESS POLICY
(Cf. 4450, 4460)
The COOR Intermediate School District is committed to creating a healthy school environment that enhances the development of lifelong wellness practices to promote healthy eating and physical activities that support student achievement and hereby adopts this Student Wellness Policy.
Nutrition Education
Every year, COOR Educational Center students, Pre - K-12, shall receive nutrition education that is aligned with the Michigan Health Education Content Standards and Benchmarks. Nutrition education that teaches the knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition education shall have the appropriate training.
Nutrition Standards
The District shall ensure that reimbursable school meals meet the program requirements and nutrition standards found in federal regulations. The District shall encourage students to make nutritious food choices.
The District shall monitor all food and beverages sold or served to students, including those available outside the federally regulated child nutrition programs. The District shall consider nutrient density and portion size before permitting food and beverages to be sold or served to students.
The Superintendent shall continually evaluate vending policies and contracts. Vending contracts that do not meet the intent and purpose of this policy shall be modified accordingly or not renewed.
Physical Education and Physical Activity Opportunities
The District shall offer physical education opportunities that include the components of a quality physical education program. Physical education classes shall provide students with opportunities to learn, practice, and be assessed on developmentally appropriate motor skills and social skills, as well as knowledge. Physical education instruction shall be aligned with the Michigan Physical Education Content Standards and Benchmarks.
Every year all students, Pre – K-12, shall have the opportunity to participate regularly in supervised physical activities, either organized or unstructured, intended to maintain physical fitness and to understand the short-and long-term benefits of a physically active and healthy lifestyle.
Other School-Based Activities Designed to Promote Student-Wellness
The District may implement other appropriate programs that help create a school environment that
conveys consistent wellness messages and is conducive to healthy eating and physical activity.
These activities could include education on food choices, recommended serving size, and other
resources available from http://www.choosemyplate.gov
Implementation and Measurement
The Superintendent shall implement this policy and measure how well it is being managed, and enforced. The Superintendent shall develop and implement administrative rules consistent with this policy. Input from teachers (including specialists in health and physical education), school nurses, parents/guardians, students, representatives of the school food service program, the Board of Education, school administrators, and the public shall be considered before implementing such rules. A sustained effort is necessary to implement and enforce this policy. The Superintendent shall report to the Board, as requested, on the District’s programs and efforts to meet the purpose and intent of this policy.
Public Notification
The content and implementation of the wellness plan should be made public by means of the
district website.
Approved: March 14, 2018
LEGAL REF: Section 204 of Public Law 108-265 (Child Nutrition and WIC Reauthorization Act of 2004) (Approved by the Michigan State Board of Education, October 10, 2005.)
8460 STUDENT INSURANCE PROGRAMS
(Cf. 4015)
The Board recommends that all students engaging in vocational or shop courses, science or vocational laboratories, cooking classes, or any other hazardous activity be covered by some type of accident insurance.
Any additional medical expense not covered by the student’s accident insurance or activities insurance and any voluntary, optional basic accident insurance is the responsibility of the parents/guardians.
Approved: December 11, 2002
8480 IMMUNIZATIONS
The Board requires that all students be properly immunized pursuant to the provisions of the Roscommon County Health Status Code and the Immunization Status Regulations.
The Superintendent, in accordance with District administrative procedures, shall suspend students from school who do not meet the immunization requirements within four (4) weeks of beginning school without proof of immunization.
Exemptions to the immunization requirements shall be granted only for medical, religious, or other reasons specified in the County Health Status Code.
8480.1 Immunization of Students
Preschool students will not be permitted to attend school if they have not completed their immunization requirements as required by Michigan state law except as provided in the administrative rules for this policy.
New students enrolling in Michigan schools for the first time will be required to meet State of Michigan immunization requirements upon entrance to school except as provided in the administrative rules for this policy.
Approved: December 11, 2002 LEGAL REF: MCL 333.9201 et seq.; 380.1177
8510 COMMUNICABLE DISEASES - STUDENTS AND STAFF
(Cf. 5370)
In order to minimize the spread of contagious diseases among students and staff, the District will cooperate, fully, with the Roscommon County Health Department to enforce adherence to the Michigan Health Code for the prevention, control, and containment of communicable diseases.
A decision to close schools due to communicable disease outbreaks shall be made by the Superintendent in consultation with the Roscommon County Health Department medical staff.
A student with or carrying a communicable and/or chronic infectious disease has all rights, privileges, and services provided by law and the District’s policies.1
Approved: December 11, 2002
LEGAL REF: MCL 333.5111; 333.5131; Family Educational Rights and Privacy Act of 1974, MDE Bulletin, September 23, 1999
8515 HEAD LICE POLICY
The School District will periodically conduct “head checks” to screen for head lice infestation. Designated school personnel trained to look for head lice will do this.
If a student is found to be infested with head lice, or to have nits, he/she will be sent home for treatment and a notification letter will be transmitted to the parent(s)/legal guardian(s).
The student shall not be readmitted to school until the child, parent or guardian can show proof, acceptable to the Superintendent, of an approved treatment.
The student must remain nit-free upon inspection at school. If the student is found to still have nits after returning to school, the parent(s)/guardian(s) will be notified and the child will be sent home for nit removal.
Copies of this policy, along with District rules and regulations governing head lice control and advice to parents/guardians on head lice control in the home, will be distributed to parents/guardians in a manner to be determined by the Superintendent.
Approved: December 11, 2002
8580 CHILD ABUSE AND NEGLECT - DUTY TO REPORT
Any school administrator, school counselor, or teacher of the District who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect will immediately report, or cause a report to be made, to the local Family Independence Agency.[7]
All other staff who have reasonable cause to know or suspect that a child has been subjected to abuse or neglect or staff who have observed a child being subjected to above mentioned circumstances shall immediately report such in writing to the building administrator or other appropriate administrator in the building administrator’s absence.
School employees will not contact the child’s family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school employees to determine or prove that the child has been abused or neglected.
8580.1 Access to Students on School Premises
(Cf. 8140)
The Building Principal is authorized to act in loco parentis to protect the interests of the student when allowing a student to be interviewed by FIA representatives on school premises.
8580.2 Cooperation between School and Agencies
Elementary and secondary schools, FIA, and law enforcement agencies shall cooperate with each other in the investigation of reports of suspected child abuse or neglect.
Approved: September 9, 2009
LEGAL REF: MCL 722.621-638; Commonwealth v Allen, 980 S.W. 2d 278 (Ky., 1998)
8590 STUDENT SAFETY
The District will endeavor to provide a safe environment for students while in school attendance or in extra-class activities.
8590.1 Bus Riders
Any student who uses District-provided transportation shall be under the jurisdiction of the vehicle driver while in the vehicle and shall be subject to all rules and regulations developed by the Superintendent and building Principal/Program Administrators to cover such activities. Such rules and regulations shall be published in the appropriate student handbooks.
8590.2 Eye Protective Devices
Building Principal/Program Administrators shall assume the responsibility of seeing that sufficient eye protective devices are available to accommodate all classes or persons requiring them. All guidelines and rules shall be published in the appropriate staff bloodborne universal precaution plan and student handbooks.
Approved: December 11, 2002
LEGAL REF: MCL 324.81101; 380.1288; R 340.1301-1305; OAG, 1981-1982, No 6097, p 727 (August 31, 1982)
8640 USE OF MOTORIZED VEHICLES
(Cf. 4090)
There may be a need for some students to drive motorized vehicles to school. There also may be a need for safety regulations governing the use of such motorized vehicles on or near school property. The Superintendent may formulate plans and procedures regulating the driving, parking and use of student-motorized vehicles during the school day. Failure of student drivers to observe the District's regulations governing student use of motorized vehicles may result in disciplinary action.
Approved: December 11, 2002
LEGAL REF: OAG, 1989-1990, No 6657, p 327 (August 21, 1990)
8650 STUDENT ACCIDENTS
The Board of Education believes that District personnel have certain responsibilities in case of accidents that occur in school. Said responsibilities extend to the administration of first aid by persons trained to do so, summoning of medical assistance, and notification of administration personnel, notification of parents/guardians, and the filing of accident reports.
Employees should administer first aid within the limits of their knowledge of recommended practices. All employees should make an effort to increase their understanding of the proper steps to be taken in the event of an accident.
The Superintendent may provide for an in-service program on first aid and CPR procedures.
The administrator in charge must submit an accident report to the Superintendent on all accidents that required or may require medical attention.
Approved: December 11, 2002
8660 FIRST AID
The District may provide appropriate first aid and CPR training for identified personnel. This training may be provided as part of the District's in-service plan or other program established by the Board.
Only those school employees qualified by District approved training and medically qualified personnel may administer first aid and CPR to students. School employees shall not attempt to treat any student injury after the initial treatment of emergency first aid. The District will not assume liability under these policies for employees acting outside the scope of their authority and training.
Approved: December 11, 2002 LEGAL REF: MCL 691.1504
8665 AUTOMATED EXTERNAL DEFIBRILLATORS (AED’S)
The COOR Board of Education recognizes that from time to time medical emergencies involving Sudden Cardiac Arrest (SCA) may arise that indicate and justify the use of an Automated External Defibrillator (AED). The American Heart Association recommends a defibrillation shock within the first three minutes of collapse in conjunction with activating the local Emergency Response Systems (911).
An AED is to be used to treat only those victims who experience Sudden Cardiac Arrest (SCA). It is to be applied only to victims who are unconscious, without pulse, signs of circulation, and normal breathing. The AED will analyze the heart rhythm and advise the operator if a shockable rhythm is detected. If a shockable rhythm is detected, the AED will charge to the appropriate energy level and advise the operator to deliver a shock. Sudden Cardiac Arrest (SCA) is a condition that occurs when the electrical impulses of the human heart malfunction causing a disturbance in the heart’s electrical rhythm resulting in what is called Ventricular Fibrillation (VF). This erratic and ineffective electrical heart rhythm causes complete cessation of the heart’s normal function of pumping blood. Without intervention, this condition results in sudden death. The most effective treatment for this condition is the administration of an electrical current to the heart by a defibrillator, delivered within three minutes after the onset of VF.
The Board has acquired AED units for use by qualified and trained personnel in the schools and for use at athletic events hosted by the District. Trained District personnel are authorized to carry portable AED’s for away activities under rules developed by the Superintendent.
Employees of the District will be authorized to utilize an AED only after completing initial and recurrent training courses, successfully, as approved by the American Heart Association for AED’s and CPR. Requirements for the frequency of recurrent training will be as specified by the issuing organization of the individual employee’s certification. Acceptable certification will consist of completion of an American Heart Association “Heartsaver AED” course and CPR course.
The Board authorizes and directs the Superintendent to promulgate appropriate administrative rules to implement the use of AED’s in the District.
Approved: July 12, 2006 LEGAL REF: MCL 691.1504 (3) (4) (5)
8670 ADMINISTRATION OF MEDICATIONS BY SCHOOL PERSONNEL
(Cf. 2780)
Whenever possible, medications for students should be administered by parents/guardians at home. As a service to the family, the Superintendent shall establish procedures for the administration of medication by school personnel in circumstances where such administration is deemed necessary for the student’s well being by the student’s parent/guardian or physician.
Any and all “biohazards” generated, such as, but not limited to: sharps, bandages, gauze, towelettes, and discarded live or attenuated vaccines, due to the administration of medications by school personnel shall be disposed of in accordance with the Michigan Medical Waste Regulatory Act, 1978 PA 368, R 325.1545(10). Students who “self administer” medications shall be responsible for returning any such wastes to their home for disposal by the student/parent/guardian. The Superintendent shall be responsible for providing staff members with written procedures to implement this requirement.
A school administrator, teacher or other school employee authorized to do so by the school administrator, may administer medication to a pupil in the presence of another adult employee or in an emergency that threatens the life or health of the pupil, pursuant to written permission of the pupil’s parent(s) or guardian(s), and in compliance with, the written instructions of a physician. All medications shall be in the original container, stored according to the instructions, and clearly labeled for the specific child. If the employee is a licensed or registered professional nurse, medications may be administered without another adult present. It is recognized that medication will continue to be taken independently by pupils who are competent to do so in their parent’s/guardians judgment without involvement of the schools.
8670.1 Management of Students with Asthma in the School Setting
The District will honor the parental/guardian request and doctor's written instructions that allow a child to carry and self-medicate for asthma. If needed, school administrators may have direct communication with the child's health care provider in order to resolve individual problems that may arise because of a child's asthma. All staff shall be informed about the early warning signs of an acute asthma episode and should be aware of emergency procedures and contacts in case a child needs medical assistance. Copies of the "Signs of an asthma emergency," as published by the Michigan Department of Education, will be distributed to appropriate staff and shall be posted on appropriate bulletin Boards in school buildings.
8670.2 Exercise Induced Asthma Attacks
Teachers are to be informed that exercise can induce acute episodes for many students with asthma. It shall be the responsibility of the administration to inform school staffs who are responsible for students during physical activity of the identity of those students who have exercise-induced asthma. A child with exercise-induced asthma shall be allowed to stop any physical activity if they are having difficulty.
The Superintendent will implement this policy.
8670.3 Diabetic Emergencies
Staff shall be made aware of the symptoms of a diabetic emergency. Staff with diabetic students should know the signs of possible side effects of diabetic medications, and also be aware which side effects are serious enough to warrant reporting to the child’s parent(s)/guardian(s) or health provider.
Approved: December 11, 2002
LEGAL REF: MCL 380.1178; MCL380.1179; OAG, 1979-1980, No 5679, p 7-0 (April 11, 1980); OAG, 1993, No 6746, (January 13, 1993); MDE Bulletin, October 18, 1999, PA 378, 1978, Medical Waste Regulatory Act, R 325.1545(2)
8670.4 Anaphylaxis Emergencies
A. Recognition of Common Allergens and Anaphylaxis Symptoms
Anaphylaxis is a severe and life-threatening allergic reaction. Anaphylaxis may occur within minutes or longer after exposure to an allergen. The most common allergens that may cause anaphylaxis are food, insect bites, medications, and latex.
The symptoms of anaphylaxis may be different for different individuals, and may also be different for one person over time. Reported symptoms include:
Skin reactions, including hives along with itching, and flushed or pale skin (almost always present with anaphylaxis)
A feeling of warmth
The sensation of a lump in the throat
Constriction of the airways and a swollen tongue or throat, which can cause wheezing and trouble breathing
A weak and rapid pulse
Nausea, vomiting, or diarrhea
Dizziness or fainting
B. Emergency Preparedness
The Board President (or designee) shall obtain a prescription in the name of the COOR ISD Board of Education as authorized by law for auto-injectable epinephrine as required to comply with this policy and applicable law.
Each school operated by the COOR Intermediate School District shall maintain at least two epinephrine auto-injector devices at all times, regardless of whether any student/staff member has been diagnosed with allergies.
The epinephrine auto-injectors maintained by the school may only be used by: (a) a licensed registered professional nurse who is employed or contracted by the COOR Intermediate School District; or (b) a school employee who is trained in the admin-istration of an epinephrine auto-injector and who is authorized pursuant to this policy to administer an epinephrine auto-injector maintained by the school.
The Superintendent (or designee) shall, in consultation with a licensed registered professional nurse or other health care provider, determine the appropriate dose(s) of epinephrine auto-injectors (e.g., Junior or Adult) to be maintained at each school based upon the school population.
Maintenance/Storage/Disposal Requirements. Epinephrine auto-injectors maintained by the school shall be stored according to manufacturer's direction, at the appropriate temperature, and in a clearly labeled and unlocked cabinet/container easily accessible to authorized personnel.
The Board directs the Superintendent (or designee) to authorize a licensed registered professional nurse who is employed or contracted by the COOR Intermediate School District, or a school employee who is trained in the administration of an epinephrine auto-injector under this policy, to possess an epinephrine auto-injector and to administer an epinephrine auto-injector to:
a student who has a prescription on file at the school; or
any other individual (including a student) on school grounds who is believed to be having an anaphylactic reaction.
The Superintendent (or designee) shall:
Designate and ensure that each school building within the COOR Intermediate School District with an instructional and administrative staff of at least 10 has at least two employees at the school who have been trained in the appropriate use and administration of an epinephrine auto-injector.
Designate and ensure that each school building within the COOR Intermediate School District with an instructional and administrative staff of fewer than 10 has at least one employee at the school who has been trained in the appropriate use and administration of an epinephrine auto-injector.
Training
For purposes of this policy, "trained in the appropriate use and administration of an epinephrine auto-injector" means completion of training in compliance with the Training Guidelines for Designated Staff on Allergies, Anaphylaxis, and Emergency Responses issued by the Michigan Department of Education (as may be amended from time to time), conducted under the supervision of a licensed registered professional nurse, and shall include evaluation by a licensed registered professional nurse.
The Superintendent (or designee) shall maintain documentation of training completed by each employee authorized to administer an epinephrine auto-injector.
A.Notice and Reporting.
The Superintendent (or designee) shall:
Promptly notify the parent/legal guardian of a pupil to whom an epinephrine auto-injector has been administered and document all actual and attempted notice.
At least annually, report to the Michigan Department of Education, in the form and manner prescribed by the Department, all instances of epinephrine auto-injector administration to a student at school.
B.Student Possession and Use
The emergency anaphylactic policy requirements in this section do not alter the rights of those individuals authorized by law to self-possess or self-administer:
A metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms or for use before exercise to prevent the onset of asthmatic symptoms.
An epinephrine auto-injector or epinephrine inhaler to treat anaphylaxis.
Nothing in this policy alters or diminishes the rights of individuals who have prescription epinephrine auto-injectors or students under an allergy response plan in a health plan, Section 504 plan, or individualized education plan.
Approved: August 18, 2014
LEGAL REF: MCL 380.1178, 380.1179, and 380.1179a, MCL 333.17744a;
Michigan Department of Education Addendum to the 2002 Guidelines for Administering Medications to Pupils at School, Guidelines for Responding to an Anaphylaxis Emergency at School
Center for Disease Control and Prevention website: http://www.cdc.gov/healthyyouth/foodallergies/
Mayo Clinic website: http://www.mayoclinic.org/diseases-conditions/anaphylaxis/basics/symptoms/con-20014324
8680 EMERGENCY MEDICAL AUTHORIZATION
The District will distribute annually to parents or guardians of all students the Emergency Medical Authorization form.
In the event emergency medical treatment for a student is necessary, the District will adhere to the instructions on the authorization form.
Emergency medical authorization will be kept in a separate, easily accessible file at the building of attendance during the school year. At the end of the school year, the authorizations are to be stored with the student's cumulative records.
Any time a student or a group of students is taken out of the District to participate in a District-related event, the staff in charge of the event must take the Emergency Medical Authorizations for those students.
Approved: December 11, 2002
8681 Do Not Resuscitate Orders
If the parent(s)/guardian(s) on behalf of a student, or a student who is 18 years of age or older, submits a Do Not Resuscitate (DNR) Order or other request that District staff not provide the student with cardiopulmonary resuscitation (CPR) or other life sustaining emergency care to be considered, the order or request must be in writing.
DNR is defined as the withholding of cardiopulmonary resuscitation (CPR), artificial ventilation and other related life sustaining procedures in the event of cardiac or respiratory arrest. A DNR order is separate from other aspects of the student's care. There should be no implied or actual abandonment of other supportive care such as: administration of oxygen, suctioning, use of the Heimlich Maneuver, control of bleeding and pain, and positioning for comfort.
Whether the District shall honor the request or not is a decision which shall be made by the Superintendent, or other such person or persons as may be designated by the Superintendent, including where appropriate, the participants of a student's Individualized Education Program Team (IEPT) or Section 504 Planning Committee. In making such a determination the Superintendent, or such persons as may be designated by the Superintendent, shall consider and attempt to balance the District's obligation under law to honor the person's request, act only in the best interest of the student, provide necessary special education programs and services (or other reasonable accommodations) to students with disabilities where appropriate, and not violate other legal requirements which arise in any given situation. In making a decision, the superintendent or designee shall consider the authority of the person making the request and whether honoring the request would be in the student's best interest
When a determination is made that a request shall be honored, the District and the person making the request shall enter into a written agreement setting forth the specific steps which shall be taken should a situation arise requiring implementation of the request. The person making the request and the District shall agree upon a process for periodic review of the agreement which shall be set forth as one of the specific steps in the written agreement.
Do Not Resuscitate Orders
As in all emergency medical situations, Emergency Medical Services (EMS) will be contacted by the District for medical support and must be included in the specific written steps. Parental/Guardian contact must be made with the local medical authority to determine EMS's "Policies and Procedures for Implementing Do Not Resuscitate Orders.” The person making the request must provide the District with the response sought from EMS and it should be included in the specific written steps.
If a determination is made that a request should not be honored, the District will petition the probate court for judicial review of the request. The Superintendent, or such other persons as may be designated by the Superintendent, shall have responsibility for administering this policy.
Approved: December 13, 2006
8700 STUDENT ACTIVITIES
Any activity, which involves the expenditure of public funds, shall be subject to prior approval of the Board.
8700.1 Activity Fund Management
(Cf. 3800)
The Building Principal/Program Administrator shall maintain an accurate record of all student activity funds in the respective attendance centers. No funds shall be expended from these accounts except in support of the student activity program.
Approved: December 11, 2002
8720 STUDENT ORGANIZATIONS
8720.1 Student Social Events
Student social events, such as dances and parties, contribute an important element in the development of the individual. All such events must have the prior approval of the Building Principal/Program Administrator and the faculty sponsor of the club or class sponsoring the event.
Approved: December 11, 2002
LEGAL REF: MCL 380.1299; 20 USCA §4071, et seq. (Equal Access Act)
8725 STUDENT FUND RAISING
The Board of Education acknowledges that the solicitation of funds from students must be limited since compulsory attendance laws make the student a captive donor and may also disrupt the program of the District.
For purposes of this policy "student fund raising" shall include any solicitation and collection of money from students for any purpose and shall include the collection of money in exchange for tickets, papers, or any other goods or services for approved student activities.
The Board will permit student fund raising by students on District property or at any District-sponsored event only when the profit therefrom is to be used for District purposes or those of a constituent local District.
Fundraising for approved organizations, those whose funds are managed by the District or by constituent local District may be permitted on District premises by the Principal or Supervisor.
The Superintendent may permit fundraising by students on District grounds on behalf of District-related organizations whose funds are not managed by the District or by a constituent local District.
All other fund-raising shall be done in accordance with Board policies 3800, 8700, and 9170.
Approved: December 11, 2002
8727 STUDENT PRODUCTION OF GOODS AND SERVICES
It is the policy of the Board of Education that students may produce goods and services in District programs for nonprofit community organizations or groups only to the extent that such production furthers the educational development of those students. In all circumstances, Federal or State Department of Labor regulations must be addressed.
Approved: December 11, 2002
8740 STUDENT PHOTOGRAPHS
The Board allows the practice of contracting with commercial photographers to take student pictures and make them available to parents/guardians as a part of the total school program.
The school may contract with commercial photographers to take pictures of students for specific purposes such as class pictures, student records, or identification cards.
No student, however, shall be required to have his/her picture taken by school contracted commercial photographers and shall not be pressured for the purchase of photographs. Students may substitute photographs taken by photographers of their choice to be used in yearbooks or for official school records. The school may establish reasonable specifications for such pictures.
The Superintendent shall be authorized to select and contract with commercial firms to provide the photographing service. Good business practices and Board purchasing guidelines prevail in such selection.
The Superintendent may establish guidelines for implementing this policy.
Approved: December 11, 2002
8760 EMPLOYMENT OF STUDENTS
The Board recognizes that employment during school hours will be desirable for some students and necessary for others. A Board goal is to encourage students to complete, satisfactorily, their educational requirements of state law, the State Board of Education, and the Board.
8760.1 School Employment
For certain positions that conform to budget limitations and personnel requirements, the District, may employ students.
8760.2 Outside Employment
Students will not be excused from school for employment purposes when such work infringes upon their schoolwork.
8760.3 Job Placement Service
The District's staff shall work closely with other agencies in finding appropriate jobs for both graduating students and students who need to augment their incomes while attending school.
Approved: December 11, 2002
8820 AWARDS AND SCHOLARSHIPS
Student awards for having represented a school in the District shall be limited to those approved by the administration and/or the Board.
The appropriate sponsor shall advise students that accepting cash or merchandise for participation in an activity may jeopardize the student’s amateur standing and eligibility in that identical activity before the MHSAA.
Each faculty sponsor bears the responsibility for monitoring his/her student activity sponsorship and must make his/her students aware of those activities, which put him/her in violation for this policy and MHSAA regulations.
Approved: December 11, 2002
8860 HOMEBOUND INSTRUCTION
Students with physical disabilities, including those temporarily disabled by illness, operation or accident authenticated by a physician’s order, will be eligible for homebound instruction; however, all programs will meet the criterion of the least restrictive environment.
Students who are temporarily disabled are encouraged to attend school if able. If the student is unable to attend school and is ineligible for homebound instruction, it shall be the responsibility of the student or parents/guardians to secure lesson assignments from each of the student’s teachers in order to keep abreast of the student’s schoolwork.
Approved: December 11, 2002
LEGAL REF: MCL 388.1709
8940 STUDENT RECORDS
The educational interests of students require the collection, retention, and use of data about individuals and groups of students while ensuring the individual’s right to privacy. The School District will maintain educational records of students for legitimate educational purposes.
School student records are confidential and information from them shall not be released except as provided by law. The information contained in school student records shall be kept current, accurate, clear, and relevant. All student records, including those maintained in District electronic database(s), shall be safeguarded during collection, maintenance, and dissemination to protect against unauthorized access or accidental release. The District may release directory information in accord with law, provided parent(s) or guardian(s) are given the opportunity to object to the release of this information.
8940.1 Directory Information
The custodian of records may make certain directory information available without parental/guardian or eligible student’s consent if public notice of the categories of information designated as directory information has been given. After such public notice has been given, the parents/guardian have the right to object to the release of the information within a specified reasonable time. Directory information for this District includes the following information about the student: The student’s name, picture; major field of study; participation in recognized activities and sports and related information; grade placement; and honors and awards received.
Armed forces recruiting representatives and service academy recruiters are entitled to receive directory information that will include: The student’s name, address, and telephone number (if listed).
As provided in PA 39, 2002 [MCL 380.1139] a school must provide armed forces recruiters and service academies with a student’s name, address, and telephone number (if listed) and are ENCOURAGED to assign staff to remind male students age 18 or older that they are required to register for the selective service.
The District shall inform students and their parent(s) or guardian(s) annually and upon initial enrollment of their rights under law and Board policy with respect to student records, and of the procedures for exercising those rights.
This notice shall be modified to accommodate the needs of the disabled or those whose dominant language is other than English.
The Superintendent shall develop rules and procedures for implementing this policy and state and federal law with respect to student records. The Superintendent shall designate one or more records custodian(s) for each site and/or media in which student records are kept, and shall provide them with appropriate training. The District may charge an appropriate fee to cover the expense of providing copies of records requested by a parent or guardian.
The District shall protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Board or administration. Regulations established under this policy shall include provisions controlling the use, dissemination, and protection of such data.
For the purposes of these rules, whenever a student has attained 18 years of age, or is attending an institution of post-secondary education, the consent required of and the rights accorded to the parents or guardians of the student shall only be required of and accorded to the student.
Approved: December 11, 2002
LEGAL REF: MCL 15.231 et seq.; 380.1134-1135; 380.1139, 20 USCA §1232g (Family Educational Rights and Privacy Act)
8990 STUDENT FEES, FINES, CHARGES, AND DEPOSITS
(Cf. 8040)
8990.1 Fees and Charges
Building Principal/Program Administrators or designated representatives shall be authorized to collect fees authorized by the Board.
8990.2 Fines
No fines shall be imposed upon any student provided, however, that school property lost, damaged, or destroyed by a student may be paid for by such student.
Approved: December 11, 2002
footnotes
[1] (MASB Note: This local Student Wellness Policy, was adopted, unanimously, by the Michigan State Board of Education on Monday, October 10, 2005. It is the product of a collaborative effort between the Michigan Department of Education and MASB as reviewed and finalized by a panel of health, nutrition, and physical education specialists from across the State. It is a MODEL, and is not MANDATED, so local districts are free to modify it some based on local needs and circumstances – particularly the administrative rules. We urge, however, that local boards give serious consideration to adoption of the POLICY itself as it is written, and allow, then, the administration to modify the administrative rules to meet local needs and expectations.)
[2] Michigan Department of Education Health Education Content Standards and Benchmarks, July 1998. http://www.michigan.gov/documents/Health_Standards_15052_7.pdf.
[3] Title 7—United States Department of Agriculture, Chapter ii - Food and Nutrition Service, Department of Agriculture, Part 210 - National School Lunch Program. http://www.access.gpo.gov/nara/cfr/waisidx_04/7cfr210_04.html
[4] Nutrient dense foods are those that provide substantial amounts of vitamins and minerals and relatively fewer calories. Foods that are low in nutrient density are foods that supply calories but relatively small amounts of micronutrients (sometimes not at all). http://www.health.gov/dietaryguidelines/dga2005/report/HTML/G1_Glossary.htm
[5] Offering physical activity opportunities is required by federal law (Section 204 of Public Law 108-265). Physical education, while recommended, is not required.
[6] Michigan Department of Education Physical Education Content Standards and Benchmarks, July 1998. http://222.michigan.gov/documents/Physical_Education_Content_Standards_42242_7.pdf
1 A student with a contagious disease is probably a “handicapped individual” under Section 504 of the Rehabilitation Act (29 U.S.C. § 794(a). See Thomas v Atascadero Unified School Agency, 662 F. Supp.376 (C.D. Cal 1986) (a child with Aids was a “handicapped person” under Section 504.
Students with contagious diseases may also qualify for special education under the Individuals with Disabilities Education Act (20. U.S.C. § 1400 et seq.)
Decisions to place a student in a class outside regular classes due to infectious disease must be based on medical evaluations indicating a need to protect the health and safety of others. Community High School Agency 155 v Denz, 463 N.E.2nd 998 (2nd Dist. 1984).
Cases involving contagious diseases are highly fact-specific. Generally, the appropriate treatment of a student depends on the severity of the disease and the risk of infecting others, but in all cases, legal counsel should be consulted.
[7] Reasonable Cause exists where the facts and circumstances within a person’s knowledge and of which he/she has reasonably trustworthy information are sufficient to warrant a man of reasonable caution in the belief that abuse/neglect has or is occurring.